Item C04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20.21. 2001
Division:
Public VV orks
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Dade Restaurant Repair Shop, Inc,
for the Preventive Maintenance Service of the Kitchen Equipment located at the Monroe County
Detention Center.
ITEM BACKGROUND: On December 31, 2001, the current contract with Dade Restaurant Repair
Shop, Inc, will expire. Article 3.11 of the original agreement dated December 6, 1999 stipulates two
renewal options for additional one-year periods, This will be the final renewal option with a CPI-U
increase of2.6%.
PREVIOUS REVELANT BOCC ACTION: On December 8, 1999, the BOCC granted approval ofa
contract between Monroe County and Dade Restaurant Repair Shop, Inc, for preventative maintenance
service of the Kitchen equipment located at the Monroe County Detention Center, and on October 18,
2000, the BOCC approved the first of two renewal options for an additional one-year period,
CONTRACT/AGREEMENT CHANGES: Renew contract commencing on January 1,2002 and
terminating December 31,2002, and increasing contract amount by the CPI-U of2.6%.
STAFF RECOMMENDATIONS: Approval as stated above,
II
TOTAL COST: $3.259.04
BUDGETED: Yes -X.. No
Account # 101-20505-530-340
COST TO COUNTY: $3.259.04
REVENUE PRODUCING: Yes
No--X AMOUNTPERMONTH_ Year
ITEM PREPARED BY
OMB/Purchasing -X-
Risk Management X
APPROVED BY:
~
VV. King, Acting Sr, Director, Lower
s Opera!!ons
DIVISION DIRECTOR APPROVAL:
Dent PIerce, Director of Public VVorks
DOCUMENTATION:
Included
X
To Follow
Not Required
AGENDA ITEM # K 4
DISPosmON:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dade Restaurant Repair Contract #
Effective Date: 01/01/02
Expiration Date: 01/31/02
Contract Purpose/Description:
Renew contract for Preventive Maintenance Service for the Kitchen Equipment at the
Detention Center
Contract Manager: Ann Mytnik 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/20/01 Agenda Deadline: 11/01/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,259,04
Budgeted? Yes[gl No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 3,259.04
101-20505-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included ill dollar value above) (ee. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEVV
Date In
Division Director (Ol-;Olo \
Risk Management ( 0 f 2~ f 01
O,M,B,/Purchasing IO{ 2..tRIOI
I
County Attorney (tJ-16-01 YesD No
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
RENEWAL AGREEMENT
(preventive Maintenance Service Contract - Kitchen Equipment
Monroe County Detention Center)
, THIS Renewal is made and entered into this 20th day of November 2001, between the COUNTY
OF MONROE and DADE RESTAURANT REPAIR SHOP, INC. in order to renew the
agreement between the parties dated December 6, 1999, and as renewed on October ISth, 2000
(copies which are incorporated hereto by reference) as follows:
1. In accordance with Article 3,11 of the original agreement, the County exercises its final
option to renew the Agreement for an additional one-year period,
2. The County shall pay Dade Restaurant Repair Shop, Inc, $3,259.04 per year.
3, The term of the renewed agreement will commence on January 1, 2002, and terminate
December 31, 2002.
4. In all other respects, the ori~inal agreement between the parties dated December 6, 1999,
and renewed on October IS , 2000, remains in full force and effect,
IN VVITNESS VVHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above,
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:t
By:
By:
Deputy Clerk
DADE RESTAURANT REPAIR SHOP, INC.
Witness
By:
Witness
Title
G. RENEWALAGRE'EMENT @:
(Preventive Maintenance Service Contract - Kitchen Equipment
Monroe CountY,Detention Center)
TI-IIS Rcncwal is madc and entercd into this 18th day of October 2000, between the COUNTY
OF MONROE and DADE RESTAURANT REPAIR SHOP, INC. in order to renew the
agreemcnt betwcen the parties dated Dccember 6, 1999 (a copy which is incorporated hereto by
reference) as follows:
1, In accordance with Article 3,11 of the original agreement, the County exercises its first
option to renew the Agreement for an additional year. The parties further agree to amend
the second sentence of Article 3.11 to read as follow$:
The contract/agreement amount agreed to he~'hn 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,
2. The County shall pay Dade Restaurant Repair Shop, Inc. $3,176.45 per year.
3, The tcrm of the rcncwed agrcement will commcnce on January 1, 2001, and terminate
December 3 I, 200 I,
4.
WHEREOF, the parties have hereunto set their hands and seal, the day and year
~ ve.
I30ARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BycS~-F~
DADE RESTAURANT REPAIR SHOP. INC
~y._a~~g~~~1
~~_:d~i_._m
Tille
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SECTION THREE
CONTRACT
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This agreement is set forth as of the DECEMBER 6, year 1999,
between THE OWNER, WHO IS THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA AND THE FOLLOWING CONTRACTOR:
NAME: Dl\Dr:; J<E~~TAUr'-^NT REP^IJ~ S]JOP l!'JC,
ADDRESS: 201 ItJEST 27TH STREET
HIALEAH, FLORIDA 33010
PHONE:
l 0 ') " n G "7 .. 0 "7 8 3
, '
for the purpose of pertorming all of the work required by the
c.ontract Documents for the following Project:
PREVENTIVE MAINTENANCE SERVICE CONTRACT
KITCHEN EQUIPMENT
FOR THE MONROE COUNTY DETENTION CENTER
SSD1 COLLEGE ROAD
KEY WEST, FL. 33040
f\10NROE COUNTY BOARD OF COUNTY COMMISSIONERS, who clJ~e hereafter
referred to as the OWNER and who assumes all duties and responsi-
bilities and has the rights and authority assigned to the OWNER ill
the Bid Document:.:; jn connection with completion of the h10rk in
acCOrda)l~e wi t11 the Cant ract Documents.
vHTNESSED: That the parties hereto, for the consideration
hereinafter set forth, mu~ually agree as follows:
3_1 SCOPE OF WORK
The CONTRACTOJ< shall furn.ish all labor, materials, equipment,
lllachinery, tool:..;, appa)"a!:lI:;, and l:r<Jn:..;portJI:.lon and perform aJl of
the> work de>:;ccibcd in I,hl' ~)pcciricatjon enl' iLled:
Preven I: 'I V(: f'1.1 j n tcnancc Scrv i cc Con t r de l.
Kitchen Equipment
For I:hl' f'1()Jll"Oe County Detention Ccnl cr
~)~;OJ Collcge Hoad
J-; , . ~' hI (' : : L, F 1 () ).., C], 1
) I
c ~,
(r.,:-, ~j;.
and hls bid dated NOVEMBER 16, 1999 attached hereto and
incorporated as part of this contract document and shall do
everything required by this Contr'act and other Contract Documents.
3.2 ASSURANCE AGAINST DISCRIMINATION
The CONTI~ACTOR shall not dJ:,crim.i.nutc against any pcr:;on on the
basis ot race, creed, color, national origin, sex, age, or any
other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area
affecting cmployment under thi:j agreement or \oJith the provision of
services or goods under this agreement, ~.
, .
3.3 ASSIGNHEIIT
aL The CONTRACTOR shall not assign this agreement, except 1n
writing and with the prior written approval of the OWNER and
CONTRACTOR, which approval shall be subject to such conditions
and provisions as the OWNER and CONTRACTOR deem necessary.
This, agreement shall be incorporated by reference into any
assignment and any assignee shall comply with all of the
provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any obligation upon the OWNER in addition to the
total agreed-upon price of the services/goods of the CONTRAC-
TOR.
b} CONTHACTOn shall not cmploy any ~;ubconl:ractor, ~~lJppll er or
other pcr:~on or organi zat ion (]Ilc] uding those acceptable to
O\tJNER~ whether initially or a:j a substitute, ugain"t whom
QI'mER m<:lY have reasonable ob] ection _ CONTRACTOR shall not be
required to employ any Subcontractor, Supplier or other person
or organization to furnish to perform any of the Work against
whom CONTRACTOR has reasonable objection.
3.1 C01'lPLIANCE WITH LAI'l
In provid.in~J d]1 scrvicc::;/9ood:~ pur.:,udnt to thi::; ;)(jH:I::1l1Cnl, the
CONTE}\'CTOI~ :;h.1IJ abjdc by a]] :,L1LuLc:" ordinancc:~, rulc~~ and
regulation:; pertaining to, or rC9u].jL:ill~J the provj:;ioJl:~ of, such
serv:icc-:.;,. jl1<;] lJdin~J Lho:.;c nOVJ .In cJ'h,~ct and hereind!:!"!:]" ;Jdoptcd.
Any vioJation of: said 'stal:utc:;, onJJn.,Jnce::~, rules and r(~~JlJlations
~3hd]] con:.;tilul:c a material breach of thi~j a~JrcCl1lcnl and :-511<111
entil'lc the OI'JNJ::]"? to tcnninatc tlll:; contract' jmmCdJ,ll'ely upon
dC)IVCJ."j' of h/)""il:l.cn nol:i.cc 01: tClmil1.ll. ion to th(' CONTIU'.CTOl~.
] ,.)
'3.5
LABOR, ~"ERIALS AND EQUIPMENT:
a) CONTRACTOR shall provide' competent, suitably qualified
personnel to perform the' "Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain good disci-
pline and order at the faCility. Except in connection with
the safety or protection of persons or the Work or property at
the facility or adjacent thereto, and except as otherwise
indicated in the Contract Documents.
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~"
b) All materials and equipment shall be of good quality and new,
except as otherwise provided in the Contract Documents. If
required by the OWNER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind
and quality of materials and equ'ipment. Original invoices
will be submi t ted to the O\tJNl~8- for reimbursement. All
materials and equipment shall be,jpplied, installed, connect-
ed, erected, u:.:;cd, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as other-
wise provided in the Contract Documents.
c) The OWNER is tax exempt and reserves the right to purchase
directly various materials and equipment that may be a part' of
the CONTRACT, If the OWNER elects to make a particular
purchase, the Director of Facilities Maintenance, Public Works
Di~ision, will act as a purchasing agent for the OWNER. The
OWNER will, via a Purchase Contract, purchase the materials
and equipment, and the Contractor shall assist the Director
of Facilities Maintenance, Public Works Division in the
preparation of these Purchase Contracts.
d)
Independent Contractor Status and Compliance
Iwnigration Reform and Control Act of 1986.
\./j th
the
At:;'!all ti mes and for all purposes under this agreemenl: the
CONTRJ\CTOJ( is an independent contractor and not an employee of
the Om~ER. No statement contained in this agreement shall be
construed so as to find the CONTRACTOR or any of his/her
employees, contractors, servants, or agents to be employees of
the OWNER. The CONTRACTOR acknowledges that it is responsible
for complying with the provisions of the Immigration Reform
and Control Act of 1986, located at 8 U.S,C. Section 1321, et
seq., and regulations relating thereto. Failure to comply
with the above provisions of this contract shan be con~,;idcrcd
a Ilkll:eria 1 breach and sh<11:1 be ground:::; [or immcdia te
tcrmjn~tion of the contract.
c) The, O\'JhJ[J~ d(':;.i<Jr2.}tc~; the Director of FdC.i litic:,; JvJdinl:<:~n,Jncc,
Public vJork:.:; l):1vision, to function ;)~,~ Contract 1\1anagcr, who
shaLl be re:;pon:;ib1e for cnforc:ln~J performance ot the Contract
term::> and condi!, j on:~, :~ervl' ;J:; l:i ,):';on ltJ'i th the coni: L")('tor, and
ZlpproV(' .J 1] :1 IT\101CC~:; pl:-:i.or 1:0 payment:.
j 1
3.6
SAFETY JI" PROTECTION
1m,
~.~'~',:
a) CONTRACTOR shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in
connection with the Work, CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
7.1 <.111 employees on the Work and other persons and
organizations who may be affected thereby;
7.2 all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and ~,
7.3 other property ot the site or a,djacent thereto, including
t reef" shrubs, lawn~-" vJ,) J k f3, paven~ents, rOCld\'Jays, structures,
utilities and underground facilities not designated for
removal, relocation or replacement in the course of
construction.
. bt CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jur.isdiction for the
safety of persons or property or to protect them from damage,
inj ury or loss i and shall erect and maintain all necessary
safeguards for such safety and protection.
I
c) The CONTRACTOR shall notlfy owners of adjacent property and
of underground facilities and utility owners when prosecution
of the Work may affect them, and shall cooperate with them in
the protection, removal, relocation and replacement of their
property. All damage, injury or loss to any property,
directly or indirectly, in whole or in port, by CONTIV\CTOJ<,
any ~Jubcont ractor, suppJ ier or any other person or
org~nization directly or indirectly employed by any of them
to p~rform or furnish- any of the Work or anyone for whose
acts any of them may be liable, shall be remedied by CONTRAC
TOR (except damage or loss attributable to the acts or
omissions of Ovn\JI::R or anyone employed by OI'JNER Idhose acts may
be liable, and not attributable, directly or indirectly,
in whole or in part, to the fault or negligence of CON
TRACTOH) .
3.7 EMERGENCIES
In emcr<Jcncies ()[fccting the safeLy or prot('~clion of per~;ons or
the \'Jorh or prop<:~rty at the :::;:itc or adjacent there.to, CONTRACTOR,
\'Jithout :~pcciaJ in:::;l:ruction or authorization from OhINEr(. i~::; obli-
9a ted to act: to prevent t lrrc.) t-,ened dam;)gc. in:i ury or lo!:;~:; _ CON--
TR^CTOI~ ::;}lall give OI-JNEH pl:ompl' vJritten notice if CONTRACTOR
bcl,iC've:; ehd!: ;)ny ~;:ignificdnt' chan0cs in the I'JorJ', or vaci;)!:,ion~:;
frOI11 (-he Cnnl'rael. Dor-\lInpnl',!; h.:1VP bC'en c;lu::;pd thereby
1--tl
3. e SUSPENS€Y;'l OF WORK AND TERMINATION(}i~;,
a) OWNER may terminate Upon th~ occurrence of anyone or
more of the fOllowing events-:
9.1. if CONTRACTOR commences a voluntary case under any
chapter of the Bankruptcy Code (Ti tIe 11, Uni ted States
Code), as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a peti-
t ion or ot herwise under any 01: her federal or ~:; t.:1 te law ),11
cI1:ect at such time rel<lting to the bankruptcy or
insolvency;
9.2, if a petition lS filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in
effect at the time of filinQ" or if a petition is filed
secki I1g any such equivalent', or similar relic:~f against
CONTRJ\CTOR under any other federal or state lCl\'J in effect
at the time relating to bClnkruptcy or insolvency;
9,3. if CONTRACTOR makes a general assignment for the benefit
of creditors;
9.1, if a trustee, receiver, custodian, or agent of CONTRACTOR
is appointed under applicable law or under contract,
I whose appointment or authority to take charge of property
of CONTRACTOR is . for the purpose of enforcing a lien
against such property or for the purpose of general
administration of such property for the benefit of
CONTRACTOR's creditors;
9.5.
if CONTRACTOR admits in writing an inability to pay its
debts generally as they become due;
9.Q~
if CONTRACTOR persistently fails to perform the Work in
accordance wi th the Contract Documents (including, but
not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment) ;
9.7. it CONTRACTOR disregards Laws or Regulations of any
publIC body having jurisdiction;
9.8. if CONTRACTOR di~:;regards the authority of Ovn\!EJ~; or
9.9, i i CONTJU\CTOR ot hcrw.1 :;<: v.iol d tc:c; ..1 n any :;ub:; LJnt ia J way
any prov) ::;),ons of the Contract: Document::;,
b) O\~I\Jl';J~ Il\dY, df:tcr giv:i,]),") COJ\lTRJ\CTOI~ (dnd I:he Surel,y, if' there
be one) :;cvcn d,:ly':-:;' \oJrittcl1 notice and 1:0 the extent pc:~nn.ittcd
by LavJ~; and J<cgulation, tcnninc1l"c Lhc :-3crvice::; of CONTl;:ACTOn,
exclude CONTI{J\CTOR from the sj tc ;lrld take po:;::;c:;:;:ion of the
ItJork and of: ,.J]] CONTJ~^CTOl~'s tonl::;, appliance, ;}nrl 1ll;1ch:incry
'3.. :J
at the site47;nd use the same to the f~~ extent they could b
used by CONTRACTOR (without liability to the CONTRACTOR f e
trespas~ or conversion), i.x:rcorporate in the Work all materia~~
and equlpment sto~ed at the site or for which OWNER has paid
CONTRACTOR but WhlCh are stored elsewhere, and finish the Work
as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work
is finished. I f the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of
completing the Work (including but not limited to fees and
charges fo engineers, archi tects, at torneys and other
professionals and Court costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the differens:.e to OWNER.
c) l'lhere r:ONTRACTOH I s services have).been so terminated by OI\lNEJ~,
the termination will not affect - any rights or remedies of
OI\lNER against CONTRACTOR the existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by
O\\lNER will not release CONTRACTOR from liability.
d) Upon seven days' written notice to CONTRACTOR, OWNER may,
without cause and wi thout prej udice to any other rightl or
remedy, elect to abandon the Work and terminate the Agreement.
In" such case, CONTRACTOR shall be paid for all Work executed
and any expense sustained plus reasonable termination
expenses, which will 'include, but not be limited to direct,
indirect, and- consequential costs (including, but not limited
to, fees and charges of engineers, architects, attorneys, and
other professionals and court and arbitration costs)
c) Contractor may stop work or terminate:
If. throu:Jh no Jct or L:wlt of CONTIU\CTOR, the l^lork lS su~;-
pe~dcd for a period. of more than ninety days by OWNER or under
an order of court or other public authority, or OWNER fails to
act on any Application for Payment within a reasonable time
after it is submitted, or O\tmER fails to pay CONTRACTOR any
sum finally determined to be due within a reasonable time,
then CONTRACTOR may, upon ninety days' written notice to
OWNER, terminate the Agreement and recover from OWNER payment
for all '^lork executed and any expense sustained plu~;
)~easonable terminJtion expenses. In addition and in li eu of
terminating the JI"Jl~c(-'lllcnt, if: OWNER has failed to act on <3n
Application for Paymcnt or haG failed to make any payment a::;
aforc:;.Jid. CONT1U\CTOI~ IlldY upon ninety day::;' vn:itten notice to
OvJNEH ~;top the "10Th ulltil pZ1yment ot all anlount:.; then duc,
:3 (,
3.9
DISPUT{jj/:~'ESOL UTION
Wt':"1
". ~.II
~~
All ,claims, disputes and other' matters in question between OWNER
and CONTRACTOR arising out of, or relating to the Contract Docu-
ments or the breach thereof (except for claims which have been
waived by the making or acceptance of final payment) will be
decided by a Court of Law in the County of Monroe in the State of
Florido. All procedures shall be subj ect to all the standard
practices of civil proceedings of the State of Florida. The
CONTRACTOR sllall carryon the Work in accordance with the contract
documents and without deloy during disputes and disagreements with
the O\.;1NER,
3.10
TERl.j OF CONTRACT
),
This CONTRACT shall be for a twelve (12) month period beginning on
-JANUARY 1 2000 and end on DECEMBER 31, 2000 This CONTRACT term
shall be renewable in accordance with RENEWAL terms as specified
in paragraph 3.11.
3.11
RENm'lAL
The Owner shall hove the option to renew this agn:::cment after the
' first and each succeeding year, for two (2) addj,tional one-yez\):"
pcriod~::;. The contract amount agreed to herein lllay be adjusted
annual lilY In accordance wi th the percentage change in t11e most
recent Con~jumer Price lndeY.. for Urban Wage Earners and Clerical
Workers (CPI-W); most recent unadjusted twelve (12) months ending
average for all items. Increases in the contract amount during
each option year period shall be extended into the succeeding
years,
3.12
FUNDING IIVAILI\lHLITY
Not w j t ll:; t d nd i nq dllY t)) i IXJ con La i lled e 1 ~jcwhcrc in l: h j:j con l r dCl: ,
fund:> tor Facilil.,i<:.s Maintcnanc<:~ Detention Fdcilil:ics Conl',ractudl
Serv'j cc~; ;) rc j)a rl' :ja 11 y reduced or Cdnnot. be ob!:d i J)<,:d or Cdnnol', be:
cont:irJ\wd at ~l level sufficient: to allow for thc' purcha..;e of: the
:, -7
m @~\,
\~.;;'(, 'J '~.F).
services/goods s~ecified herein, this agreement may then be
terminated immediately at the option of the OWNER by written
notice of termination deli ven~Q in person or by mail to the
CONTRACTOR. The OWNER shall not be obligated to pay for any
services provided or any equipment purchased by the CONTRACTOR
after the CONTRACTOR has received written notice of termination.
3.13
PROFESSIONAL RESPONSIBILITY
The CONTRACTOR warrants that it is authorized by law to engage in
the performance of the activities encompassed by the project
herein described. The CONTRACTOR shall at all times exercise
independent, profess ional judgment and'. shall assume prOfessional
responsibility for the services to be p~ovided. Continued funding
by the OWNEJ{ is contingent: Upon rete!l-tion of appropriate local,
state, and/or federal certification and/or licensure of
CONTRACTOR,
3 -. 14.
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
writing .and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR OWNER:
FOI{ CONTRACTOR:
Monroe County PubLic vJorks
Pacilities Maintenance Dept.
3583 S. Roosevelt Blvd.
Key Wes~, Florida 3JO~0
DADE ]{ESTAURANT REPAIR S1I0P, JNC .
201 Hest 27th Street
11 i ale Cl h , FL . 33 0 1 0
Tel:305-887-0783
Attn: Director of Facilities Maint.
3.15
PAYI1ENT
1) The OI'JNER shall pay to the CONTImCTOR for the performance of
said serVlce on i) per qu;))~terly arrears ba~_~j s on or beLore the
30th day of the [olJovJinr) month'in each three (J) month pe)~i-
ods, The CONTHACTO){ :-;h,:JJ:l invoice the OWNEn quarterly [or the
maintcn;lncc and l:(>~;tjn~l performed under the Conl:ract Docum(:nt:::;
cont.ained h<.:.>rc:i n. - The Cont.ract Lllllounl: shal 1 b(~ a:; st.lted by
the CONTHACTOJU; propo~~aJ .JS f0110\-.ls:
d, Preventive !VJ,I.1nl'cndncc S<:-,rvice~; per ye;}):
JX1:i d ~;"7 0~3 , 00 pc r q U;I r I: (> r
:<;!~,(LL:-L,:.QQ, l:o be
:J li
0'
b. Repairs (ro&J:lne,
. work not wi thin
working hours of
holidays
@f''''
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pri,or approval requi~~d) -Hourly rate for
the scope ..of preventive maintenance-normal
8AM to S,PM Monday through Friday, excluding
$80,00
c. Emergency service call-overtime hourly rate for work not
within the scope of preventive maintenance other than normal
working hours as stated above under Article 3.1Sb, including
holidays $120.00
d, Handling fee
maintenance,
invoice plus
for supplies and replacement parts required for
repairs, and emergency service, Manufacturer's
25% (twenty five percent) .
2) Service Call Travc:l Expenses - Th~'.OhlNER shalJ, compen~;ate the
CONTRACTOR for travel and per diem expcnses at the rates
established by Florida Law (Florida St<1tue 112. 061--SEE ATTACHED
Exhibit D), The CONTRACTOn must receive approval from the OI^JNER
fpr more than one (1) representative of the CONTRACTOR to be
compensated for travel expenses. Approval from the OWNER must be
received by the CONTRACTOR prior to the travel taking place.
3.16
GENERAL
......
a) The duties and obligations imposed by these General Conditions
and the rights and remedies available hereunder to the parties
hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CONTRACTOR
and all of the rights and remedies aV<1ilable' to OltJNER
thereunder, (J.);-C in addition to, and arc not to be construed in
any W()y as a limi l:<ltion of, any ri9htc; and remedies aV<.1ilD.ble
to ei ther or both of them which are otherwise imposed or
ava i~able by Law[j qr Hegulations, by special warr<.1nty or
guar()ntee or by other provisions of the Contract Documents,
and the provisions of this paragraph will be as effective as
if repeated specifically in the Contract Documents in connec-
tion with each particular duty, obligation, right and remedy
to which they apply. All representations, warranties and
quarantees made in the Contract Documents will survive final
payment and termination or completion of thc Agreement.
b)
No provision of thi::; a<]reement or the duty
perform ()ny acl required by tl;:li:-j Agreement
vJiJ.lvcd by the vJ.'1iver of any particu]()r act
breach.
or obligation to
shi) 11 be deemed
or occurn~ncc of
c) Thi.~; writing con:;titutc::> t.he entire ('y.pre:.;~;ion at the portie:j
agreement and mo)' not bc contradicted, mod:if' icd, expla ined or
::;upp1 ('mCrlted by ;lny pJ:'i or VJri t ten agreement: or oral agreement
or any other pr1.or VJri l: ten or oral coml11unj caLian.
3 -9
@. €l}
In witness where&l', the parties hereto have executed this agree-
ment the day and year first abov~ written,
COUNTY OF MONROE { STATE OF
FLORIDA
\
"
cS0!:L-F~~
By,_,_
Mayor/Chairman
l)ANNY L. KOLHAGE, Cl erk
.f
D, c...
) .
DADE RESTAURANT REPAIR SHOP, INC.
By {L~J~-J,
Contractor Re
Attest:
, y- 6l~-ii~/
-{~ .:- WITNESS - ~_
Corporate seal if corporation:
3 ,,10