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Item C11BOARD OF COUNTY COMIVIISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21.22 2002 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance riVl,"4xyi1 111.A7 w VKi IAki: Approval to renew contract with Sub -Zero, Inc. for the Lower Keys Central A/C Maintenance and Repair, and to include the Gato Building in the contract specifications. 11 L' 1v7 DH1,11(il(V U1N V: On October 20, 2002, the contract with Sub -Zero, Inc. for the central A/C maintenance and repair will expire. In accordance with Article 3.08(B) of the original Agreement dated October 20, 2000, staff recommends to exercise the final option to renew the Agreement for an additional one-year period, and to include the Gato Building for maintenance and repair when the initial warranty expires. rA%mv1vUa 1cJ&1Lr.vAtvr IsOCC ACTION: On October 18, 2000, the BOCC approved to award bid and authorized execution of a contract with Sub -Zero, Inc. for the Lower Keys A/C Maintenance and Repair. On August 15, 2001, the BOCC approved the first of two options to renew the contract for an additional one-year period, and on February 13, 2002, the BOCC approved a Contract Amendment to include providing A/C maintenance and repair service to the Tax Collector, and DMV offices on S. Roosevelt Blvd. CONTRACT/AGREEMENT CHANGES: To renew contract commencing October 20, 2002, and terminating October 19, 2003; increasing contract price by the percentage change in the CPI-U (2.1 and to include the Gato Building in the contract specifications for maintenance and repair. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $63.22 °er hour 1 mech. $68 49 °er hour der hour meth + BUDGETED: Yes X No _ $71.65 °er haft OT 1 medL $79 03 cer hour OT mech + Account #20501-530-340 $10.32 der 16 for Freda and 30% markw on materials COST TO COUNTY: Same REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X ITEM PREPARED BY _ ohn W. King, Sr. Direct L er ys Operations DIVISION DIRECTOR APPROVAL: Dent Pierce, Director of Public Works DOCUMENTATION: Included X To Follow Not Required DISPOSITION• AGENDA ITEM # mil/ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Sub -Zero, Inc. Contract # Effective Date: 10/20/02 Contract Purpose/Description: Expiration Date: 10/19/03 To Renew contract for the Lower Keys Facilities central air conditioning maintenance a and re air. Also to include the Gato Building in the contract Npecifications effective immediately. Contract Manager: Ann Mytnik 4431 Facilities Maint/Sto (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/21/02 Agenda Deadline: 08/07/02 CONTRACT COSTS Total Dollar Value of Contract: $ 26,341.8 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A 101-20501-530-340- County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) A a .nai,.rp.,"„b-- CONTRACT REVIEW U Changes Date In Needed R Date Out Division Director Yes❑ Nog sewer .. Risk Management - - 0 -0n-- Yes❑ No[Z — ?-6)- — O.M.B./Purchasing I �CA1 j_Yes❑ No[g-r". County Attorney r7 It g/o z Yeso No �S-o Comments: Form RPvicM ,)/-77/n1 ?,xr D 4r) dwl CONTRACT RENEWAL (Lower Keys Central A/C Maintenance and Repair) THIS CONTRACT RENEWAL is made and entered into this 21" day of August, 2002, between the COUNTY OF MONROE and SUB ZERO, INC. in order to renew the agreement between thexarties dated October 20, 2000,as renewed on August 15, 2001, and as amended on February 13 , 2002 (copies of which are incorporated hereto by reference); as follows: In accordance with Article 3.08 (B) of the October 20, 2000 original Agreement, the County exercises its final option to renew the Agreement for an additional one-year period. 2. Revise Section Two — CONTRACT SPECIFICATIONS Paragraph E to include in list the Gato Building, located at 1100 Simonton Street, Key West, Florida. 3. All contract obligations and issues pertaining to the Lower Keys Central Air Conditioning Maintenance and Repair pertain to the Gato Building offices. 4. Contract price increases 2.1%, the percentage change in the CPI-U as of May 31, 2002: Labor during normal working hours from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays increases from $61.92 to $63.22 per hour for one mechanic, and from $67.08 to $68.49 per hour for a mechanic plus helper. Labor — overtime rate for hours other than the normal working hours, including holidays increases from $70.18 to $71.65 per hour one mechanic, and from $77.40 to $79.03 per hour for a mechanic plus helper. Freon for recharging systems for R-22 increases from $10.32 per pound to $10.54 per pound, and for R-12, from $47.47 per pound to $48.47 per pound. The total contract sum shall not exceed $26,341.80 per year. 5. The term of the renewed agreement will commence on October 20, 2002, and terminate October 19, 2003. 6. Commencement of the inclusion of the Gato Building in the contract specifications shall be effective immediately. 7. In all other respects, the October 20, 2000 original agreement between the parties 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. Attest: Danny L. Kolhage, Clerk Lo Witness: Witness: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SUB ZERO, INC. M. A A"PROVED AS TO ��►� Ali 1; FORMAl ROBERr D< TE/ s ` CONTRACT AMENDMENT (Lower Keys Central A/C Maintenance and Repair) THIS CONTRACT AMENDMENT is made and entered into this 13`h day of February, 2002, between the COUNTY OF MONROE and SUB ZERO, INC. in order to amend t agreement between the parties dated October 18, 2000 and August 15, 2001 (copies of which are incorporated hereto by reference); as follows: 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. I I . 2. All contract obligations and issues pertaining to the Lower Keys Central Air Conditioning Maintenance and Repair pertain to the Tax Collector, DMV office. .b 3. In all other respects, the original agreement dated October 18, 2000, and renewed on August 15, 2001 remains in full force and effect. `` IN WITNESS WHEREOF, the parties have hereunto set their hands and � seal the da first written above. y and year Attest: Danny L. Kolhage, Clerk B� Witness: ,(f ,,IF.. Witness: BOARD OF COUNTX COMMISSIONERS OF MONROE CO , FLORIDA By: SUB ZERO, INC. By: APPROVED AS TO FO AND 7AL SuFFICIEI NE I p F E I` 2 2002 i (Lower KcysCeaW �� --•• �.,.. nteMnce and `r� • � '' ,A THIS RENMAL Aeb ETzX rr, ' '` between the COUNTY OI: MO is made and entered into this 15a` day of August between the NROE and SUB ZERO, INC. in order to renew thegust' re 2001' Parties dated October 20, 2000, (a copy of which is incorporatedagreement reference); as follows: hereto by 1 In accordance with Article 3.08 County exercises its first of two options to October 20, 2000 original Agreement the the the Agreement for an additional yea 2• In accordance with for County Purchasingrt Poiic Computation stated in the second sentence of Y Chapter 6, Article C, the CPI The contract amount agreed to herein m icle ght 3.08be Q)sal read as follows: with the percentage change in the Consumer Price Iadcx for alI urban adjustedually in accordance (CPI-U) for the most recent 12 montlis available. n consumers 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 excluding holidays increases from $60.00 to $61.92 per hour for one mechanic, $65.00 to $67.08 through Friday Other than the normalper uwoorking hourslciPl s.hel helper. _Overtime rat or and fTOm uuing holidays rincrreas s frome$68_00 rs to $70. I8 per Hour one mechanic, and from $75.00 to $77.40 per hour for 0 to helper. mechanic plus Freon for recharging systems for R-22 increases from $10.00 pound, and for R-12, from $46.00 per pound to $47.47 per pound Per- Pound to $10.32 per The total contract sum shall not exceed $25,800.00 per year. 4. The term of e ththrenewed agreement will commence on October 20, 200i, and terminate October 19, e 5, In all other respects, the October 20, 2000 original agreement between in full force and effect. <� the parties remains !SS WI—MRE-0 ,the parties hzv f s,'b to above. e hereunto set t eir hands and sea% the dayd anyear ;finny L. Kolha e Clerk VV i t Wit ARD OF COUNTY C01\4 ISSIONERS OP MONROF COUNTY I .ORIDA By --- - SUB "ZERO, INC APPROVED AS TO FO AND t I At SUFFICIE By ri _ N • H TON DATE 0 0 SEC'rIOTtiit�cKM' ONT,RAC T THIS AGREEMENT, made and entered into this hetwCen Monroe Count Florida �Iit day of called the "Contractor") , "to called tile"OO`— ct�l� 2000, w►lc►.„) A.D. by and Sub -Zero and Inc. WITKI I:SSEU (hcrei(laftcr as roll-Ows: 3.01 3.02 3.03 3.04 That the panics Ilereto, for the consideration licrei na Ftcr set forth) mutually agree THE CONTRACT The contract between of the contract doeunlcthe o"Iner and thcontractor, ,onts. tc h this a b►c.cnlent is INTS a part, consists THE CONTRACT DO The contract documents ons st.of t1 is agreement, addenda issued hereafter the specifications, all change orders, and together with the bid Io 'ally other amendments hereto executed b P posal and all required insurance documentation. al,, y the parties hereafter, SCOPE OF WORT{ The Contractor shall ful-nish all labor, materials, e uim transportation, and perform all of the work described in the S q pent, machinery, tools, apparatus, and pecification entitled: CEN I RAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES ("TO AND INCLUDING BIG PINE KEY MONROE COUNTY FLORIDA And his bid dated July 21, 2000, attached hereto and incorporated as pa►i of tl . document, and shall do everything required by this Contra Contract and other Contract Documell(.S. Conti -act T HE CONTRACT SUM I -Ile Owner shall pay to the Contractor for the ithful money of the United States, as fa follows: Performance of the Contract, in lawful n �l-I . tc_ actual cast of 171:11.1s and nr.+tcrial< by Ilic ('c�itlt;,c (,tr tit lulfill the Ptt►clt:Isc(I fi_ont Ih� nrtnufaeturc.r lit,; ( , aee:ottt tiny ; 1,t11<>n>, elf thr C ontiae.t. 1\ .Mitfac(ttrer W(Iuc. Ic(I ;if insetu Itni, (t I tll rcyucsis I<tr ha),n1enl for an th( �Iitic_r('ti,tii (tf the 0�,,, pat l �a Mich cx<'c'c<is 1;1 Woo, an<1 nt:Iy h( nc'r fctr :ink' I)ar(, rc.I,:nthe cost I; I h,; Cost of I:th,It an(1 ccluil)ntent used tl , ontrac(. "HIE Llhor an(1 ) tltr. Conlracaot to fulfill the obli Ictrllt in Iltc ('( c.clllll)Irtettt costs w1111 he C:1ICIII.Ilm usin > ! Ilion of, III( tnl� aeinr''; hie1 :Is litllows 1.. lltc unll prices set • I . _LaborFnda YormWorking g hours of g:00 a.m �; 5:00 , `� xcluding holidays. p.m $60.00 per hour, mechanic $65.00 per hour, mechanic plus helper Mon da ` ..�_ Y thought 2. Labor — overtime rate for hours other than the normal w SECTION 2, paragraph Q, including holidays. 01k o1119 hours as stated in $68.00 per hour, mechanic $75.00 per hour, mechanic plus helper Such costs must be documented for each repair and/or maintenance With all Applications for Payment. Job and included C. I t wn for recharging systems: 1) 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 Or CONDITIONS A• Any ambiguity or uncertainty in the Specifications shall interpret Owner, and his decision shall be final and binding upon all parties.l ed and construed b y the B. The passing, approval, and/or acceptance of any part of the work or ma no( operate as a waiver by the Owner of strict compliance with the terms of (his to ial by (he Owner shall Specifications covering said work; and the Owner may require the Contractor , Contract, and to repair, replace restore, and/or make to comply strictly and in all thin r Is his surety Specifications any and all of said work and/or materials which within abs ` (11 the Contract and and aRcr (he date of the passing, approval, and/or acceptance of I( Period of one year from found to be defective or to fail in any way to tom l With �� such work or material, are,it Specifications- Tl]IS provision shall not apply to materials or eqipment Is Contract t act 'or with the deteriorate or wear out and become subject to normal repair and replacement condition is discovered. Failure on the part of the C gall) expected to after Notice to either, to repair or replace any such defective m 1 en( before their Contractor and/or Isis Surety, irnrnediately entitle (he Owner, if it sees fit, to replace or repair the same and recoveartdewo workmanship shall such rr-place,ttettt and/or- repair front the Contractor and/or his curet lonniy and :cvcrall - sonable cost of ) liable to the Ow ncr for :ill d:,m:rs;c, lass, and c > t„tsu,. cl,,,,ticdt ally to Itc\O,],t be It)- rra�;c>,t c>1 thy• ('contractor's I>>c.ach of this C'<r,ttracl and/or his li„lu,l�• tit c•„„� tl all thin ncr l,ti w,th th,s (-,ontraCt and »pith the Spc'.c:itic;,(ions. I ) strictly :ind in Voo IAQUII)ATI�;I) I)A11qA(;I,-S I -into is ul the: c,;se:ne:e of this Con(ract and should [he �'untracterr I:,il Ie cntcrL;ency repairs within the specified (into, or any authori ed C..xtcn,;ictn thereat there dt-duc(cd Irani the contpettsatlott othcl itic to be paid to the (.'ontractct t complete the rct:un tltc antctunl <>f I_ilty I)yll<trs shall be t, :+nd the Owner will ---5`�..SU.001 per calendar day as fixed, agreed, and liquidated 04 %'Images for each cal , .ar day elapsin authorized extension t '',1�eof, which s ,1 g beyond the s eei ,, . - r� will um shall P time for com le have sustained by failure of the Contractor to tom lete A i10n or any lI represent the actual damages which the o being further agreed that said sum is not a Owner Penalty, but is tile ostipulated tamount of sustained by the Owner in the event of such default by the Con ticne� it Contractor. t of damages 3.07 PAYMENTS In accordance with the Provisions full additions and deductions as provided, the Owney set r forth gal` General Conditions, and subject to pay the Contractor as follo\�,s: The County shall Pay to the Contractor for the arrears basis. 'rile Contractor shall invoice the rfor performance of said service on a per month in matntenanec and repair services performed under the Specifications e monthly for central air conditioning contained hcrein. The O���ner will, within len days after receipt of each a > >lic • Payment or return tilt application to the Contractor indicating in writin for refusing to recommend Payment. In the 1 i I anon for payment, either process corrections and resubmit the application. Thin d g the Owner's reasons alter case, the Contractor may make the necessary Payment with file Owners recommendation, the amyuntterecommended of the application for will become due and will be paid to the Contractor. 3.08 TERM Or CONTRACTME NEWAL A. This contract shall be fora period of one is contract is rerlewabl Oyear commencing October 20, 2000, and c in accordance with Article 3.08B. B. The Owner shall have• (Ile option to renew this agreement after rile firs( succeeding year, for- two additional one year periods- The contract amountPercentage change agreed to herein Index (CPI) for Wage Earners and Clerical Workers e Miami, change in the Consume►- Price be based upon the annual average CPI computation from January 1 throughaDecembe►-3r1 of ll Previous year- Increases in the contract amount durin extended into tie succeeding b each option tl�e g years. P year Period shall be C. Either of the parties hereto may cancel this agreement srxty (60) days written notice of its intent onodo�so'ouTheuse b agreement for cause with 7 days Y giving tie other party ys written notice of its intent to do so•couniy may terminate illis 3.(l,) II()LD Ii�I211'il,l;SS 1-hc Coltlrtc�lor shall d��.l"i•nc1, ntdcnluiij-`lnci hole! Itarnlle�ti thr 1\1l(lnn)c. (-aunty 13c1a1<i (_�llllnl�sS1011crs a�; iltcliC..atcd oil form '1'<_� At all tinlc� 'Intl tilt Al purposes un<Ic'r this a > Conlraclor illcl not an employe=c of the Board of County t,icc mr.nl rile (:oniractor is an uuic:pcndent No %laICi11C111 Cc)nt:fin<'c1 In Ihis a �� t, Ccillcnt shall hc: constru(dlsoras tolfind lilt cMnilr,lrc• County. for or any 3 6f his/her employees tractors, servants,'br age nts to b Commissioners for Monroe Cou e el of the Board d of County 3.11 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race creed, national origin, sex, age, or any other characteristic or aspect which is not 'obi related, color, recanting, hiring, promoting, terminating, or any other area affecting employment anIn its agreement or with the provision of services or goods under this agreement. under this 3.12 ASSIGNMENT The contractor shall not assign or subcontract this agreement, except in writing and prior written approval of the Board of County Commissioners for Monroe County the Contractor, which approval shall be subject to such conditions and provisions as the Owner y and 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 provions this agreement. Unless expressly provided for therein, such approval shall in no man of ner or event be deemed to impose any obligation upon the Owner in addition to the total agreed-upn price of the services/goods of the contractor, nor reli this contract. eve the contractor of is obligations under 3.13 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, bsuch sertiices, including those now in effect and hereinafter adopted. Any violation of said statute s, Ord finances, 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 termination to the contractor. of 3.14 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates Insurance indicating the minimum coverage limitations as indicated by an "X" on the attachof, forms identified as INSCKLST 1-5, as further detailed on forms WC1, GLI, and VLI attached attached hereto and incorporated as part of this contract document. each 3.15 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Servi or cannot be obtained or cannot be continued at level sufficient to allow for thces are partial) reduced purchase ofted services/s;c,ods specified herein, this agreement ma option of tile, Ovmer by written notic:c Of terrllinationtldelivereden be ,iri'r� ,Sdrlinlnlediatcly at the Contiactol. -I'tic Owner shall not be oblir;ated to �a for all), Iselor by mail to the Contr,tctclr after the Contractor has received �writterl notice of terminaticlrl�►ces provided by the 3-1 G 1)1Z01411'SSIONAL RESPONSIBILITY I he Contractor warrants that it is authorized by law to erigal; a<aiviti<s encompassed by the project hereic. in the performance of the n described, subject to the terms and conditions set forth "1 the Public Works Specification Manual entitled "Central Air Conditioning Repair for 4 tower Keys Faciliti � m Key West up 01--and Including 8 4�pine Key", which .t hereto and incorporate yierein as a part of this �,. times exercise independent, Professional Y Inch is attached P onal judgme toand sh allll assumeprofessional o re shallall for the services to be provided. Continued fiutding by the Owner is contingentat it of appropriate local, state, and/or federal certification upon oti and/or ['censure of contractor. noon 3.17 NOTICE REQUIREMENT Any notice required Or permitted under this agreement sliall be in ���► ilin an mailed, postage prepaid, to the other party be certified mail, returned receipt delivered or following: 1 t requested, to the FOR COUNTY Monroe County Public Works FOR CONTRACTOR Facilities Maintenance Department Sub -Zero, Inc. 3583 S. Roosevelt Blvd. 6003 Peninsular Avenue Key West, FL 33040 Key West, FL 33040 3.18 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue fo arising under this Agreement must be in Monroe County, Florida. r any litigation 3.19 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under tlli annual appropriation by the Monroe Couns contract is coat ty Board of County Commissioners. rngent upon an 5 Ii WITNESS WHEREOF O''' e th t;�'arties hereto have executed above written in four (4) counterparts, each of which shall counterparts, ^� original Contract. (SEAL) Attest: E By:o,�JQ, Deputy Clerk Date: 110 - (SEAL) Attest: By: WITNE S Title: Clerk By:4__�z" WITNESS Title:��� J ^yhi, this Agreement on the day Without proof or accounting and date first for the other BOARD OF COUNTY COMMISSIONER OF MONR E COUNTY, ' ORIDA By: Mayor/Chairman CONTRACTOR Sub -Zero, Inc. By: Title: A 1'1'R0%'f D AS 10 1 I Y Dq10BURT !V �✓ - [ t