Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16. 17. 2002
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Windswept NC & Appliances for
the Central Air Conditioning Maintenance and Repair for the Middle Keys Facilities.
ITEM BACKGROUND: On January 18, 2003, the current contract with Windswept alC &
Appliances for the Central Air Conditioning Maintenance and Repair will expire. In accordance with
Article 3.08B of the original agreement dated December 13,2000, the County will exercise its final of
two options to renew the agreement for an additional one year period.
PREVIOUS RELEVANT BOCC ACTION: On December 13, 2000, the BOCC approved to award
bid and enter into a contract with Windswept NC & Appliances for the Central Air Conditioning
Maintenance and Repair for the Middle keys Facilities, and on October 17, 2001, the BOCC approved
the first of two options to renew the contract for an additional one-year period.
CONTRACT/AGREEMENT CHANGES: Contract renewal to commence January 19, 2003, and
terminates on January 18, 2004. Contract amount increased by the percentage change in the Consumer
Price Index for all urban consumers for the most recent 12 month available (1.4% for July, 2002).
STAFF RECOMMENDATIONS: Same as stated above.
TOTAL COST: $26.034.45 Not to Exceed
BUDGETED: Yes ~ No
Account #001-20501-530-340
# 1 0 1-20505-530-340
COST TO COUNTY: $26.034.45 Not to Exceed
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY:
OMB/Purchasing _ Risk Management _
ITEM PREPARED BY:
W. King, Sr. Director, Lower 5~erationsl.- /o/lldl.--
DIVISION DIREcroR APPROVAL: ~V ~
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
CONTRACTS~ARY
Contract with: Windswept A1C & App Contract #
Effective Date: 01/19/03
Expiration Date: 01/18/04
Contract PurposelDescription:
To renew the contract for central A1C maintenance and repair for the Middle Keys
Facilities :
Contract Manager: Ann Mytnik 4431 Facilities Maint./Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 10/16/02 Agenda Deadline: 10/02/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 26,034.45
Budgeted? Yes[8] No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 19,500.00
001-20501-530-340-
101-20505-530-340-
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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
DivisionDirector 10 -I ....-OvYesDNoD
Risk Management q- ~(O.m- YesD Nola-
O.M.B./Purchasing C\ III ~?..X es~oD
County Attorney 9//( /-z-. YesD No
Co
OMB Form Revised 2/27/01 MCP #2
Date Out
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CONTRACT RENEWAL
(Central Air Conditioning Maintenance and Repair, Middle Keys Facilities)
THIS Renewal is made and entered into this 16th day of October 2002, between the COUNTY
OF MONROE and WINDSWEPT INC. DIB/ N WINDSWEPT NC & APPLIANCES in order
to renew the agreement between the parties dated December 13, 2000, and as renewed on
the17th of October, 2001 (copies which are incorporated hereto by reference) as follows:
1. In accordance with Article 3. 08B 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 to the Contractor for the faithful performance of the Contract, and
increase by 1.4% (CPI-U for July, 2002) as follows:
A. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays, $52.07 per hour, mechanic, and $78.11 per hour, mechanic
plus helper.
B. Labor - overtime rate for hours other than the normal working hours as stated
above, including holidays, $78.11 per hour, mechanic, and $117.16 per hour,
mechanic plus helper.
C. Freon for recharging systems shall be $13.54 per pound for R-22, and $33.32 per
pound for R-12.
D. The total contract sum shall not exceed $26,034.45 per year.
3. The term of the renewed contract will commence on January 19, 2003, and terminates
January 18, 2004.
4. In all other respects, the original Agreement between the parties dated December 13,
2000, and as renewed October 17th, 2001, 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:
Deputy Clerk
By:
Witness
WINDSWEPT INC.' DIB/ A
WINDSWEPT NC & APPLIANCES
Witness
By:
Title
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CONTRACT RENEWAL
(Central Air Conditioning Maintenance and Repair, Middle Keys Facilities)
THIS Renewal is made and entered into this 17'h day of October 2001, between the COUNTy
OF MONROE and WINDSWEPT INe. DIB/ AI WINDSWEPT NC & 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:
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.
e. Freon for recharging systems shall be $13.35 per pound for R-22, and $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.
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December 13,
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SECTIO!,\ rHREE
CONTRACT
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THIS AGREEMENT, made and entered into this 13"' day of December, 2000, A.D.
by and between Monroe County, florida, (hereinafter called the "Owner"), and Windswwt Inc. dlbl~
Windsw<;jJt NC & Ap-I1liances (hereinafter called the "Contractor").
WITNESSED:
as folIows:
That the parties hereto, for the consideration hereinafter set forth, mutually agree
3,01 THE CONTRACT
The co 11 t ra cl bet ween 1 he 0 wne I' and I he en n Ira cIaI', 0 f wh i ch Ih is agreemen I. is a pan. co nsi Sls
of Ihe contract documents ,
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 panies 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, [ools, apparatus, and
transponation, and perfornl all of the work described in the Specification entitled
CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
MIDDLE KEYS FACILITIES
MONROE COUNTY, FLORIDA
^ nd h" bid dat cd Oelobe, 20, 2000, attached hereto and incorporat ed as pal1 of I his Conlracl t
doelJ men I, and sh a II do everyl h i n g req lJ i red by I hi, Contract and other ConI ra cl Docu men Is
3.04 TIlE CONTRACT SUM
The Owner' shall pay to the Contractor for the faithful performance of the Conlract, in lawf"'
money of the United States, as follows
^ Th" ael I' a I eO,1 ph" 10% 0 r pa,1s and materia I s P!J'.cll;U;~d ,fro,m 1 he m'U'u racl 1', e, II scd
hy I he C,,,,, Ii>c1", ,,, Ii, 11; II 'k oh Jr".,,, 'on, "f 1 he Co,,,, ac1 M a,,, d:'el "" '., " """ "CO' "JUS 1
aCC'lInpa uy a II re'l I' e", , 1<" 1"'y",,:n1 I<1I any pan wh,ch "xceed., $1 Oil 00. a"d mal' bc
rcqlwsled <lIthe discrclinl1 Offill' OWlll'1 for ,ill)' part, regardless ollhe cost
JJ Tire co", "I la I"" a ,,01 e'l'" p"re'" I' ,,'d by I Ire Coni rael "' 10 li,lf''' 1 1 Ire ohl, g'" 'Oil nf 1 Ire
C""" ae' Tire la Iro, ,,,,,I e'l I' ip men' t"", wd I be ea Ie" la, ed "" n". II", ''''" I"'CO" sc,
f~lJ 111 ill the COlllr;\c[or's hid ;IS 1~>II()ws
I of 19
3.05
A.
8.
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1.
Labor j ,. Jonat working h~rs of 8 :00
Friday, excluding holidays. ":
$50.00 per hour, mechanic
$75.00 per hour, mechanic plus helper
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8.m. 'to 5:00 p.m. ,Monday through
2. Labor - overtime rate for hours other than the normal working hours as stated in
SECTION 2, paragraph 13, 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.
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Freon (or recharging systems:
I) 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 ambiguily or uncertainty in the Specifications shall' be interpreted and construed by the
Owner, and his decision shall be final and binding upon all parties.
The passing, approval, andlor 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 or this Contract, and
Specifications covering said work, and the Owner may require Ihe Contraclor andlor his Surely
to repair, replace, restore, and/or make to comply strict Iy and in all things wit h the Contract and
Speed-,ea"",,, any and all of said work alldlor malerrals which within a period or one yeal from
and a 1\0.1 I he dalc of Ihe passi ng, approval, andlol accepl allce of ally such woik or mal crial, arc!
Iou nd lu he derective or to fail in any way lu compl y wil h Ihis Conlracl nl wilh Ihe
Specificalions This provision shall not apply to malerials or equipmenl nOlmally cxpecled In
deteriorate or wear out and become subject to normal repair and replacement before their
condition IS discovered. FailUl-e on the part of the Contrae'OI andlor hIS Surety, immedialely
a!lcl- NOllcc 10 e'lhel, to repair or reptace any such dcfective malerials and workmanship shall
entitle the OWller, jf it sees fit, 10 replace or repair the same and recover the reasonable cost of
such replacement and/or repair frolll the Contractor and/or his surety, who shall in any evcn1 be
ioinll \' a '''I "c ",."rI I y h, I, Ie to I he Ow,,,,, rm a II ,L1 ma ge _ 10". and '" p'w,c ",,,,,cd 10 Ibc () ",'n,,,
hy IC;I\OIl olilw COllt/;lc1or's lHC<lch or this Contract <111<1/01 hiS LuluI<' to cumplV Slllelly and III
alllhl1l1',S With llw; Con1ract and \A/ith the Specificatluns
U()lJ IDA TED I)A MAGI~S
1,,1'" " or ,I", e''''.ncc nf I h" C"OI' acl and ,boo Id I hc ConI "'Uo, ':1 rI 10 '"" "1'1, _I c Ih,'
ernel genc)' I(:P:\II s within the specirlcd lime, 01 any <lulhori/.cd extensIon 1hcrco( there sh;dl be
dedllck<l f,om th(' compensation otherwise to he paid to lhe ('ontraclol, and Ill(' Owncl will
'cl a i 0 II", a n",,,,,, or h n y[)oll,"s (1; '0 00 J pc, calendal da \' as I; xed> agwed, and 11'IllIda' cd
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3,08
A.
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3.09
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damagos for oa~ caejar day elapsing ~.Yond tho sPeci~ time for completion or any
authonzed extenSion thereof, wllleh SUm shall represent the aetllal 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 nOI a penalty, but is the stipulated amount of damages
sustained by the Owner in the evenl 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 Counly 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
mainlenance and repair services perl<>rmed under the Specifications COnIained. herein.
The' 0 wner will, withi n ten days afier receipt of each app Ii cation 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 afier presentation of the application for
payment with the Owners recommendation, the amoont recommended will become due and
will be paid to the Contractor.
J'
TERM OF CONTRACTIRENE\V AL
Thi s contract shall be for a peri ad of one (1) year, commencing January I 9, 200 I, and
t ermi n ati ng on January I 8, 2002, This contract is renewa b lei n accordance wit h Articl e 3 ,08 B.
.:
The Owner shall have the oplion to renew this agreement afier the first year, and cach
Succeeding year, for two addilion.1 one year periods The contract amounl agreed In herein
migh' be adjn",ed annnally in acconlance with the pcrCenlage change in Ihe Consum,,, p,ice
Index for all u,ban consume" (Cp] U) for lhe mosl recent f2 monlbs availjbic Incre",es in
'h e co nlrac' amou III dun n g each 0 pi "'n yea r peri ad sha II be eXlend cd i nl 0 t he so cceed in g years I'
Eilhcr of Ihe p",'ies hereto may cancel Ihis agreemenl Wilhaut cause by giving the olhe, pany
sixty (60) days 'wilten nmiee of ils ",tentian to do so Tbe COonly m.y lermin.te Ihis
agreement l(ll cause with 7 days written notice of its intent to do so
HOLD HARMLESS
The ConI racl 0' sha II defend, 'nd cm n if'y and hold harm] ess t hc M Olllae Cou n' l' ]J na rd 0 f C'" III' l'
COlllmissioller,; <IS indicakd Oil l~l"ll -res
INI)EPENIH:NT ('ONTRA< TOR
^, a II ,i ""'.; a lid I,,, all pn, ,,,,,,,.; '''''k, "liS a g' ee'"e,,, the C""" "elm " ;", '"d"I"'"d,,",
,'<'"' "'e1," ""d "'" "" elllp loyee 01, he floml or COIIIII y Co III III , "" 'JIm "" MO""'e e"" "I y
N" "," e"". '" c< "" a ""',d '" 'h"s a"'ce"'e," shall be eo" 'I' "cd '0 as I" I; lId 'hc e,,,,,, 'lei,,, ", ""l'
"I h rs/her c,,, P]Oy,'e", "''''' ,"c, '" '. 'e" V""I '. 0' agell" '0 be elllp]oyce, "r I he n",,, d "r e"" "I y
COlllllll\SI()/W/~; li)l MO/lroe COli Ill)'
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3.12
. ASSURANCE AGArk,l' D1SCRIMINA TiilN
The Contractor shall not discriminate agai~~t 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.
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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 shill be incorporated by reference into any
assignment or subcontract, and any assignee or SUbcontractor shall comply with all of the
provi,ions of thi, .wecment Unless exp' essly provided for therein, such al~)roval ,hall in no
manner or eVen1 be deemed to impose any obligation upon the Owner in addition t6'the total
agreed-upon price of the services/goods of thc contractor, nor relieve the contractor of is
obligations under this contract.
3,13 C01\1PLIANCE \VITII 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 pr!,visions of, such
services, including those now in effect and hereinaner adopted. Any violatio\' 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 wrillen notice of
tcrmination to thc contractor.
3,14 INSURANCE
Prior to execution of thi, agreement, the Contr.ct')J shall r.Hnish the Ownel CeJ1ilicates of
I nsu rii nee i nd ic.t ing the mini mu m cnvcrage Ii mita1 ions a, ind ica led by a n 'X' on the att.ched
J()JnlS "len" 1', cd as IN SCKLST 1-5, as IiJl1her delai led On larms WC I, lOl.' I, .nd VI.I, c'lch
a tt arh cd herct 0 and i ncorpora t ed as Pal, of thi s cont ra ct doclJ menl ' ;'
3. I 5 FUNDING A V AILABILITY
In the eVent that funds from Facilities Maintenance ContmcllJ.1 Services arc p;u1liilly reduced
or C'nnot be Obtained or cannot be continued at level sufficient to allow for the PUlchase of the
SCIVICes/goIJds specified herein, this agreemcnt may then be telmmated immediately al the
oplion of Ihe Owner by written n01ice of lerminalion delivered in person or by marl to the
COnl,ac"" The Owner shall "01 be obliRatcd 10 pay fi" '"1' services P",v""'d by lire
('Ollll:lclnl ;di(~1 111(' ('OlllraClol h;l<; rec~~i\'~d Wfilll'1l1l01ICl' or Icl1llill:1l 1(1I1
3.1 (I Pl~OFFssrON^L RESPONSIBI UT\'
Tire C,,,,, "".1 "I w'"'anls I h"t II is "'" bon zed by law 10 C""",,,'." ur IIle peil. """"".C of t be
"C, ",il "., ell'" "np""",1 by II", plO",cl bClei II descnlw", "I bJ "',I 10 I hc 'e,,,,, "", c< urd;, 'OilS sel
Ii" ,b ur "re l' "bhe 171'011" Specrl,,,,,, iOll M" """ I "nl il "'d "C""'I" I ^" C ""d"" '",,''' R<'[lai, Ii"
M" Id '" "''\'', I' "cd il 'cs, wh, Ih " all "e1red hC'CI" ,lnd '""''' P<" ,II <'d '''"eur "s a p",'. "I' I hi,
"''''' "'"'h".",.c"""" The 1""v""'1 sh" II "I "II I ""c, ese, CI ". i """(le"d""1 . p, ""'"i,,,," I
P ,dl'.'"'' '" ",,,I sh"lI a ",",'" I" ok,,,,,,,. I ,e'p,,,,,il,, I" I' Ii" lire 'e, vi",,, 10 I", I" II"ided
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. . Continued funding by (' :Jwner is continge~i upon retention ~~pproPriate local, Slate, and/or
federal certification and/or licensure of contractor.
3.17 NOTICE REQUIREMENT
Any nOliee required or penniUed under this agreement shall be in writing and hand delivered or
mailed, poslage prepaid, to the other party by ccrtified mail, relurned rccciptreqUesled, to the
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd
Key West, PI. ll040
FOR CONTRACTOR .
Windswept NC & Appliances
27'35 Overseas Highway
Marathon, PL :n050
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.
.-
3.19 CONTINGENCY STATEMENT
Monroe County's performance and obligation to paY.under this contract is contingent Upon an
annual approprialion by the Monroe COunly Board of County Commissioners.<
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Date:
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BOARD OF COUNTY COMMISSIONER
OE MONROE COUNTY, FLORroA
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