Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17. 18.2001
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of Contract Renewal with Windswept NC & Appliances for
the Central Air Conditioning Maintenance and Repair for the Middle Keys Facilities.
ITEM BACKGROUND: On January 18, 2002, the contract with Windswept NC & Appliances for
the Central Air Conditioning Maintenance and Repair for the Middle Keys Facilities will expire. In
accordance with Article 3.08B of the original agreement dated December 13, 2000: the Coqnty will
exercise its first of two options to renew the agreement for an additional one year period.
PREVIOUS REVELANT BOCC ACTION: On December 13, 2000, BOCC approved to award bid
and enter into a contra with Windswept NC & Appliances for the Central Air Conditioning
Maintenance and Repair for the Middle Keys Facilities.
CONTRACT/AGREEMENT CHANGES: Contract amount increase by the per&ntage change in
the Consumer Price Index for all urban consumers for the most recent 12 months available (2.7% for
August, 2001). Contract Renewal commences January 19, 2002, and terminates on January 18,2003.
STAFF RECOMMENDATIONS: Same as stated above.
TOTAL COST:
$25.675.00 Not to exceed
BUDGETED: Yes -L No
Account #001 20501-530-340
#101 20505-530-340
COST TO COUNTY: $25.675.00 Not to exceed
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
ITEM PREPARED BY:
...
W. King, Acting Sr. Director, Lower Key~Operations
DIVISION DIRECTOR APPROVAL: ~'~ fU/'2-/0(
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # /--,.-. /'
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Windswept AlC, Inc. Contract #
Effective Date: 01/19/02
Expiration Date: 01/18/03
Contract PurposelDescription:
Renew contract for the middle keys AlC maintenance and repair.
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Contract Manager: Ann Mytnik 4431 Facilities Maint./Stop #4 ...
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/17/01 Agenda Deadline: 10/03/01
CONTRACT COSTS
Budgeted? Y es~
Grant: $ N/ A
County Match: $ N! A
Total Dollar Value of Contract: $ $25,675.00 Current Year Portion: $
not exceed
No 0 Account Codes: 001-20501-530-340-
101-20505-530-340-
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19,256 app
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (e~. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed......i ^ /J", /:~wer
Division Director ID-I- 0 I YesD NobLl if?/' ( ;r-~
Risk Management 4\2(<:/0\ YeSDNO~lA'~~
OMBlPtrrchasing qN?\ YesD No[;;J/ ~ ~ 1-l Q.O
County Attorney o/~ '1/ I YesD NO~~
Date Out
6-j~
Comments:
V01G"T' D
OMB Form Revised 2/27/01 MCP #2
BY:---=~~=::, ~"----:,J
CONTRACT RENEWAL .
(Central Air Conditioning Maintenance and Repair, Middle Keys Facilities)
THIS Renewal is made and entered into this 17th day of October 2001, between the COUNTY
OF MONROE and WINDSWEPT INC. DIB/ AI WINDSWEPT AlC & APPLIANCES in order
to renew the agreement between the parties dated December 13, 2000 (a copy which is
incorporated hereto by reference) as follows:
1. In accordance with Article 3. 08B of the original agreement, the County exercises its first
of two options to renew the Agreement for an additional one year period.
2. The County shall pay to the Contractor for the faithful performance of the Contract, and
increase by 2.7% (CPI-U for August, 2001) as follows:
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A. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays, $51.35 per hour, mechanic, and $77.03 per hour, mechanic
plus helper.
B. Labor - overtime rate for hours other than the normal working hours as stated
above, including holidays, .$77.03 per hour, mechanic, and $115.54 per hour,
mechanic plus helper.
C. Freon for recharging systems shall be $13.35 per pound for R-22, CWd $32.86 per
.,
pound for R-12.
D. The total contract sum shall not exceed $25,675.00 per year.
3. The term of the renewed contract will commence on January 19, 2002, and terminates
January 18, 2003.
4. In all other respects, the original Agreement between the parties dated December 13,
2000 remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Witness
WINDSWEPT INC. D/B/A
WINDSWEPT NC & APPLIANCES
By:
Witness
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SECTtO~ 1HREE
CONTRACT
THIS AGREEMENT, made and entered into this 13th day of December, 2000, A.D.
by and between Monroe County, Florida, (hereinafter called the "Owner"), and Windswept Inc. d/b/a
Windswept NC & Appliances (hereinafter called the "Contractor").
WITNESSED:
as follows:
That the parties hereto, for the consideration hereinafter set fOf!h, mutually agree
3.01 THE CONTRACT
Thc contract between the owncr and the contractor, of which this agreement. is a pan, consists
of the contract documents, J'
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders, and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and all required insurance documentation.
3.03 SCOPE OF WORK .:
The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and
transportation, and perform all of the work described in the Specification entitled:
CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
MIDDLE KEYS FACILITIES
MONROE COUNTY, FLORIDA
And his bid dated October 20, 2000, attached hereto and incorporated as pai1 of this contract
document, and shall do everything required by this Contract and other Contract Documents.
3.04 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful
money of the United States, as follows:
^ The actual cost plus 30% of parts and materials Rurch_as~QJJ~Q.Il1Jhg--DJarl~fa_~1lJ!~r used
by the Contractor to fi.lifill the obligations of the Contract J\.1anuE-lCturer's invoice must
accompany all requests for payment for any pan which exceeds $100 00, and may be
requested at the discretion of the Owner for any pal1, regardless of the cost
B The cost of labor and equipment used by the Contractor to fi.li/ill the obligation of the
Contract. The labor and equipment costs will be calculatcd using the unit prices set
fl.)rt h in the Contractor's bid as f()llows:
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3.05
A.
3.06
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1. Labor - nonnal working h~rs of 8:00 a.m. to 5:00 p.m. .Monday through
Friday, excluding holidays.
$50.00 per hour, mechanic
$75.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal working hours as stated in
SECTION 2, paragraph B, including holidays.
$75.00 per hour, mechanic
$112.50 per hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job and included
with all Applications for Payment.
c.
Freon for recharging systems:
1) R-22 $13.00 per pound
2) R-12 $32.00 per pound
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D. The total contract sum shall not exceed $25,000.00 per year.
CONTRACTOR'S ACCEPTANCE OF CONDITIONS .:
Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the
Owner, and his decision shall be final and binding upon all parties.
B.
The passing, approval, and/or acceptance of any part of the work or material by the Owner shall
not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and
Specifications covering said work; and the Owner may require the Contractor and/or his surety
to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and
Specifications any and all of said work and/or materials which within a period of one year from
and after the date of the passing, approval, and/or acceptance of any such work or material, are
found to be defective or to fail in any way to comply with this Contract or with the
Specifications. This provision shall not apply to materials or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement before their
condition is discovered. Failure on the part of the Contractor and/or his Surety, immediately
after Notice to either, to repair or replace any such defcctive materials and workmanship shall
entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of
such replacement and/or repair from the Contractor and/or his surety, who shall in any cvent be
jointly ilnd severally liable to the Owner for all damage, loss, and expensc caused to the Owner
by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in
all things with this Contract and with the Specifications
LIQUIDATED DAMAGES
Time is of the essence of this Contract and should the Contractor fail to completc the
emergency repilirs within the specificd time, or any authorized extension thereof: thcre ~hall be
deducted from the compensation otherwise to be paid to the Contractor, and thc Owner will
ret.ain the amount of Ei,l1y Dollarsi~50~Q.9.}, per calendar day as fixed, agreed, and liquidated
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damages for each calendar day elapsing ~yond thc specified timc for cc;>mpletion or any
authorized extcnsion thereof, which sum shall represent the actual damages which the Owner
will havc sustaincd by failure of thc Contractor to complcte work within the spccified time; it
being further agreed that said sum is not a penalty, but is the stipulated amount of damages
sustained by the Owner in the event of such default by the Contractor.
3.07 PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the Owner shall pay the Contractor as fqIlows:
3.08
A.
c.
3.09
3.10
The County shall pay to the Contractor for the performance of said service on a per month in
arrears basis, The Contractor shall invoice the County monthly for central air conditioning
maintenance and rcpair services performed under the Specifications contained. herein,
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Thc Owner will, within tcn days aftcr receipt of each application for payment, either proccss
payment or return the application to the Contractor indicating in writing the Owner's reasons
for rcfusing to recommend payment. In the latter case, the Contractor may make the necessary
corrections and resubmit the application. Thirty days after presentation of the application for
payment with the Owners recommendation, the amount recommended will become due and
will be paid to the Contractor.
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TERM OF CONTRACTIRENEW AL
This contract shall be for a period of one (1) year, commencing January 19, 2001, and
terminating on January 18,2002, This contract is renewable in accordance with Article 3.08B,
B
The Owner shall have the option to renew this agreement aflcr the first year, and each
succeeding year, for two additional one year periods. The contract amount agreed to herein
might be adjusted annually in accordance with the percentage change in the Consumer Price
Index for all urban consumers (CPI-U) for the most recent 12 months availAble. Increases in
the contract amount during each option year period shall be extended into the succeeding years
Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so. The county may terminate this
agreement for cause with 7 days written notice of its intent to do so
HOLD HARMLESS
The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County
Commissioncrs as indicated on fl.lII11 TCS
INDEPI~NI>I~NT CONTRACTOR
At all timcs and for all purposes undcr this agrecment thc Contractor is an indcpendcnt
contractor and not an cmployee of the Board of County Commissioners f()r Monroe County,
No statement contained in this agrccmcnt shall bc constnJed so as to find the contractor or any
of his/her employees, contractors, servants, or agents to be employces of the Board of County
Commissioners {or Monroe County
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3.11
3.12
3.13
3.14
3.15
3.16
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ASSURANCE AGAINST DISCRIMINATION
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The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, agc, or any othcr charactcristic or aspect which is not job related, in its
rccruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
ASSIGNMENT
The contractor shall not assign or subcontract this agreement, except in writing and with the
prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Owner and
Contractor may deem necessary, This agreement sha'll be incorporated by reference into any
assignment or subcontract, and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless cxprcssly provided for therein, such approval shall in no
manncr or evcnt be deemed to impose any obligation upon the Owner in addition toJ'the total
agreed-upon price of the services/goods of the contractor, nor relieve the contractor of is
obligations under this contract.
COMPLIANCE 'VITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violatio'h of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Owner to terminate this contract immediately upon delivery of written notice of
termination to the contractor,
INSURANCE
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as JNSCKLST 1-5, as further detailed on forms WC 1, GL'I, and VL I, each
attached hereto and incorporated as part of this contract document. .
FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially reduced
or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the
services/goods specified herein, this agreement may then be terminated immediately at the
option of the Owner by written notice of termination delivered in person or by mail to the
Contractor The Owner shall not be obligated to pay for any services providcd hy the
Contractor after the Contractor has received written notice of termination
PROFESSIONAL RI~SPONSIBILITY
The Contractor warrants that it is authorized by Jaw to engage in the pcrformancc of the
activities encompassed hy thc project herein described, subjcct to the terms and conditions set
f()rlh in lhe Public Works Specification Manual cntitled "Central Air Conditioning Repair I()r
Middle Keys Facilities", which is attached hereto and incorporated herein as a part ,of this
contracUagrccmCll( The providcr shall at all times exercise independent, professional
judgmcnt and shall assumc profcssi(mal responsibility for the services to be provided
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Continued funding by the Owner is contingep.t upon retention of appropriate Ipcal, state, and/or
fedcral certification and/or licensurc of contractor.
3.17 NOTICE REQUIREMENT
Any notice rcquired or pcrmittcd undcr this agreemcnt shall be in writing and hand delivcred or
mailcd, postagc prcpaid, to thc other party by ccrtificd mail, rcturned receipt rcqucsted, to thc
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key West, FL n040
FOR CONTRACTOR .
Windswept NC & Appliances
27"35 Overseas Highway
Marathon, FL 33050
3.18 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida, Venue for any litigation
arising under this Agreement must be in Monroe County, Florida,
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3.19 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay. under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners....
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BOARD OF COUNTY COMMISSIONER
OE MONROE COUNTY, FLORJDA
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Mayo~.halrmaIl . ~
Date:
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WIT~ESS
Title 0;!__~p__ __..__
CONTRACTOR
Windswept NC & AP~Pliances It
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By. ~~4- - ~k~-~'''k).o1U
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WITNESS
Title: C-4-J~
(, of 19