Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 13.14. 2002
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of a Contract Amendment with Sub-Zero, Inc. to include
providing Central Air Conditioning Maintenance and Repair service to the Tax Collector, DMV offices
on S. Roosevelt Blvd.
ITEM BACKGROUND: The Tax Collector recently established an office located at the Department
of Motor Vehicles office on South Roosevelt Blvd. The one story CBS building contains a central air
conditioning unit that should be included in our current preventative maintenance contract with Sub-
Zero, Inc.
PREVIOUS REVELANT BOCC ACTION: None on this item.
CONTRACT/AGREEMENT CHANGES: To include the Tax Collector, DMV building in the
contract specifications for central air conditioning maintenance and repair.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $61.92 per hour 1 mech.. $67.08 per hour mech + BUDGETED: Yes -X- No
$70.18 vcr hour OT I mech. $77.40 OT per hour mech + Account #20501-530-340
$10.32 per Ib for Freon. and 30% markup on materials
COST TO COUNTY: Same
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
ITEM PREPARED BY:
OMBIPurchasing _ Risk Management _
APPROVED BY:
DIVISION DIRECTOR APPROVAL: /
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
X
To Follow
Not Required_
AGENDAITEM# ,/-C~
DISPosmON:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sub-Zero, Inc. Contract #
Effective Date: 02/13/02
Expiration Date: 10/19/02
Contract Purpose/Description:
Amendment to include the Tax Collector, DMV offices in the contract for Central Air
ConditioninQ Maintenance and Renair.
Contract Manager: AnnMytnik 4431 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/13/02 Agenda Deadline: 01/30/02
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A
Budgeted? Yes[8J No 0 Account Codes:
Grant: $ N/A
County Match: $ N/A
Current Year Portion: $ N/ A
001-20501-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed. /) J R.c'Aewer -
Division Director '\"?l>/oV""YesDNoG?' .~ ~
Risk Management I \:> 'f\ oL-YesD NO~ ,~ ~;y-..
O.M.B./Purchasing 1/:zS\Ol..-YesDNO~~ ..1}D.
County Attorney tlz-~/{)2-- YesD NolLV' ~
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Comments: ~ _ c..oT ~~
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Date Out
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OMB Form Revised 2/27/01 MCP #2
CONTRACT AMENDMENT
(Lower Keys Central AlC Maintenance and Repair)
TillS CONTRACT AMENDMENT is made and entered into' this 13th day of February,
2002, between the COUNTY OF MONROE and SUB ZERO, INC. in order to amend the
agreement between the parties dated October 18,2000 and August 15,2001 (copies of which are
incorporated hereto by reference); as follows:
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1. Revise Section Two - CONTRACT SPECIFICATIONS Paragraph E to include in list the
Tax Collector, DMV office located at 3439 South Roosevelt Blvd. Key West, Florida.
One story CBS building. ;; ..
2. All contract obligations and issues pertaining to the Lower Keys Central Air
Conditioning Maintenance and Repair pertain to the Tax Collector, DMV office.
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3. In all other respects, the original agreement dated Octpber 18, 2000, and renewed on
August 15,2001 remains in full force and effect. . .. '\
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IN WITNESS WHEREOF, the parties have hereunto set their hands and:seal, the day and year
first written above.' ,
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: .
By:
SUB ZERO, INC.
Witness:
Witness:
By:
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'~ {~. RENEW~LAGREEMENT ~
(Lower Keys Central Ale Maintenance and Repair)
TIllS RENEWAL AGREEMENT is made and entered into this 15th day of August, 2001,
between the COUNTY OF MONROE and SUB ZERO, INC. in order to renew the agreement
between the parties dated October 20, 2000, (a copy of which is incorporated hereto by
reference); as follows:
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1. In accordance with Article 3.08 (B) of the October 20, 2000 original Agreement, the
County exercises its first of two options to renew the Agre~ment for an additional year.
2. In accordance with Monroe County Purchasing Policy Chapter 6, Article C, the CPI
Computation stated in the second sentence of Article 3.08 (B) shall read as follows:
The contract amount agreed to herein might be adjusted annually in accordance
with the percentage change in the Consumer Price hldGx for all urban consumers
(CPI-V) for the most recent 12 months available.
3. Contract price increases 3.2%, the CPI-U as of June 30,2001:
Labor during normal working hours from 8:00 a.m. to 5:00 p.m. Monday through Friday
excluding holidays increases from $60.00 to $61.92 per hour for one mechanic, and from
$65.00 to $67.08 per hour for a mechanic plus helper. Labor - overtime rate for hours
other than the normal working hours, including holidays increases from $68.00 to
$70.18 per hour one mechanic, and from $75.00 to $77.40 per hour for a mechanic plus
helper.
Freon for recharging systems for R-22 increases from $10.00 per pound to $10.32 per
pound, and for R-12, from $46.00 per pound to $47.47 per pound.
The total contract sum shall not exceed $25,800.00 per year.
4. The term of the renewed agreement will commence on October 20, 2001, and terminate
October 19, 2002.
5. In all other respects, the October 20, 2000 original agreement between the parties remains f.
>_~=.',.~"">" in full force and effect.
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/@: ~- .', SS WHEREOF, the parties have hereunto set their hands and sea!, the day and year
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\~" ~r;~:f~~l:/ "'~ ~ny L. Kolhage, Clerk
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Witness:
SUB ZERO, INC
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SECTIOr-{ ~THREE
CONTRACT
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THIS AGREEMENT, made and entered into this 18th day of October, 2000, A.D. by and
between Monroe County, Florida, (hereinafter called the "Owner"), and Sub-Zero, Inc. (hereinafter
called the "Contractor").
WITNESSED:
as follows:
That the pal1ies hereto, for the consideration hereinafter set forth, mutually agree
3.01 THE CONTRACT
The contract betwcen the owncr and the contractor, of which this agrcement is a PaI1, consists
of the c'ontract documcnts.
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 perfoml all of the work described in the Specification entitled:
CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES
UP TO AND INCLUDING BIG PINE KEY
MONROE COUNTY, FLORIDA
And his bid dated July 2 I, 2000, attached hereto and incorporated as part of this contract
document, and shall do everything required by this Contract and other Contract Documents.
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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 of parts and materials 12l!I~h;!~c<J.Ji'(~!..l.lJJlt;}!!.;.~IJlJLaclll[..q plus ) ()'Y.. used
by lite Contractor to Culfilllhc obligations of the Contract. I'vlal1ufacturer's invoice must
accompany all requests for payment for any part which exceeds $100.00, and may be
requested at the discretion of the Owner for any part, regardless ofthl' cost.
Ii. The cost'of labor and equipment used by the Contractor to fulfill the obligation of the
Contract. The labor and equipment costs wiII be calculated using the unit prices set
forth in the Contractor's bid as follows:
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1. Labor - nonnal working ho.urs of 8:00 a.m. to 5:00 p.m. Monday thought
Friday, excluding holidays.
$60.00 per hour, mechanic
$65.00 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.
$68.00 per hour, mechanic
$75.00 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:
I) R-22 $10.00 per pound
2) R-12 $46.00 per pound
D. The total contract sum shall not exceed $25,000.00 per year.
3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. 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 acceptanc~ 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, andlor 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 t .
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 nonnal 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 defective 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 [i'om the Contractor and/or his surety, who sh<11l in any event be
jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner
by reason of tlic~ Contractor's breach of this Contract and/or his failure to comply stnctly and in
all things with this Contract and with the Specifications.
3.06 LIQUIDATED DAMAGES
Time is of the essence of this Contract and should the Contractor fail to completc the
cmcrgcncy repairs within the specified time, or any authorizcd extension thcrcof~ therc shall be
deducted from (he compensation otherwise to be paid to the Contractor, and the Owncr will
rclain the amount of Fifty Dollars ($SO.OQl per calendar day as fixed, agreed. and liquidated
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damages for each calendar day elapsing b.eyond the specified time for completion or any
authorized extension thereof, which sum shall represent the actual damages which the Owner
will have sustained by failure of the Contractor to complete work within the specified 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 follows:
The County shall pay to the Contractor for the perfomlance of said service on a per month in
arrears basis. The Contractor shall invoice the County monthly for central air conditioning
maintenance and repair services performed under the Specifications contained herein.
The Owner will, within tell days after receipt of each application for payment, either process
payment or return the application to the Contractor indicating in writing the Owner's reasons
for refusing 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.
3.08 TERM: OF CONTRACT/RENEW AL
A. This contract shall be for a period of ()ne (1) year, commencing October 20, 2000, and
tenninating on October 19,2001. This contract is renewable in accordance with AI1icle 3.08B.
B. The Owner shall have the option to renew this agreement after the first year, and each
succeeding year, for two additional one year periods. The contract amount agrced to herein
may be adjusted annually in accordance with the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall
be based upon the annual average CPI computation from January I through December 3 I of the t .
previous year. Increases in the contract amount during each option year period shall be
extended into the succeeding years.
C. 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
agrcement for cause with 7 days written notice of its intent to do so.
3'(}<) HOLD HARMLESS
The Contractor shall defend, indemni fy and hold harmless the Monroe County Board of County
Commissioners as indicated on form TCS.
3.10 INDEPENDENT CONTRACTOR
At all times and f()r all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the contractor or any
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of his/her employees, contractors, servants,. of agents to be employees of the Board of County
Commissioners for Monroe County.
3.11 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of 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 employment under this
agreement or with the provision of services or goods under this agreement.
3.12 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
may deem necessary. This agreement shall 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 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 contractor, nor relieve the contractor of is obligations under
this contract.
3.13 COMPLIANCE WITH 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 ang hereinafter adopted. Any violation 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.
3.14 INSURANCE
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of f .
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, and VLl, each
attached hereto and incorporated as part of this contract document.
3.15 FUNDINGAVAll..ABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially reduced
or cannot bc obtained or cannot be continued at level sufficient to allow for the purchase of the
services/goods specified herein, this agreemcnt 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 provided by the
Contractor after the Contractor has received written notice of termination.
3.16 PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activitics encompassed by the project herein described, subject to the terms and conditions set
forth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for
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Lower Keys FacilitiesIFrom Key West up tQ"and Including Big Pine Key", which is attached
hereto and incorporated herein as a part of this contract/agreement. The provider shall at all
times exercise independent, professional judgment and shall assume professional responsibility
for the services to be provided. Continued funding by the Owner is contingent upon retention
of appropriate local, state, and/or federal certification and/or licensure of contractor.
3.17 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 be certified mail, retumed receipt requested, to the
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Sub-Zero, Inc.
6003 Peninsular A venue
Key West, FL 33040
3.18 GOVERNING LAWS
This Agreement is govemed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
3.19 CONTINGENCY STATEMENT
Monroe County's perfomlance 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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Date:
(SEAL)
Attest:
By: J~
WITNE S
Title: f/'n
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By: k r hDl\.I~_A
WITNESS \
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CONTRACTOR
Sub-Zero, Inc.
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Title:
AAPPROVED AS TO F RM
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