Item D30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:' August 20 21 2003 Division: Public Works
Bulk Item: Yes X No —
Department: Facilities Maintenance Z4.,
AGENDA ITEM WORDING: Approval to renew contract with Houston Air, Inc. for the Upper
Keys Central A/C Maintenance and Repair.
ITEM BACKGROUND: On October 19, 2003 the current contract with Houston Air, Inc. will
expire. In accordance with Article 3.08 (13) of the original contract dated September 19, 2001, staff
recommends to exercise the final of two options to renew the contract for an additional one-year period.
The contract amount shall remain the same.
PREVIOUS RELEVANT BOCC ACTION: On September 19, 2001, the BOCC approved to award
bid and enter into a contract with Houston air, Inc. for the A/C Maintenance and Repair for the Upper
Keys Facilities, and on August 21, 2002, the BOCC approved to renew the contract for the first of two
one-year periods.
CONTRACT/AGREEMENT CHANGES: Contract renewal to commence on October 20, 2003,
and terminate on October 19, 2004.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $20,420.00 Not to Exceed
COST TO COUNTY: Same
BUDGETED: Yes X No
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
N,
DIVISION DIRECTOR APPROVAL: �/ /"'�
Dent Pierce, Director Public Works
DOCUMENTATION:
DISPOSITION:
Included X To Follow Not Required
AGENDA ITEM #
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Houston Air, Inc.
Contract #
Effective Date: 10/20/03
Expiration Date: 10/19/04
Contract Purpose/Description:
Central A/C Maintenance and Repair
for the Upper Keys Facilities
Contract Manager: Ann Riger
(Name)
4549 Facilities Maint./Sto #4
(Ext.) (Department/Stop #)
for BOCC meeting on 08/20/03
Agenda Deadline: 08/05/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,420 Current Year Portion: $ 0
NTE _
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ N/A 101-20505-530-340-
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above e . maintenance, utilities, janitorial,sa>i
CONTRACT REVIEW
Changes
Date In Needed
Division Director , 5/03 Yes❑ No[g'�
Risk Management 71J V10 3 Yes❑ NoO�
O.M.B./Purchasing `� / Z ( [;5VesF1 No[ —
County Attorney '/ /a,5-/03 Yes❑ NoQ-'
Comments:
OMB Form Revised 2/27/01 MCP 42
Date Out
M
CONTRACT RENEWAL
(Central Air Conditioning Maintenance and Repair for the Upper Keys Facilities)
THIS CONTRACT RENEWAL is made and entered into this 2e day of August 2003,
between the COUNTY OF MONROE and HOUSTON AIR, INC., in order to renew the
Agreement between the parties dated September 19, 2001, and as renewed on August 21, 2002
(copies which are incorporated hereto by reference); as follows:
1. In accordance with Article 3.08B of the original contract dated September 19, 2001, the
County exercises its final option to renew the contract for an additional one-year period.
2. The term of the renewed contract will commence on October 20, 2003, and will terminate
on October 19, 2004.
3. In all other respects, the original contract dated September 19, 2001, and as renewed on
August 21, 2002, 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
By:
Deputy Clerk
Witness:
Witness:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
HOUSTON AIR, INC.
I0
MONROE COUNTY ATTORNEY
VED A
FO
HU
NSUZA ATTO
ASSISTANT 00
Date NTpORNEY
CONTRACT RENEWAL
(Central Air Conditioning Maintenance and Repair for the Upper Keys Facilities)
THIS CONTRACT RENEWAL is made and entered into this 21' day of August 2002, between the
COUNTY OF MONROE and HOUSTON AIR, INC.. in order to rcnchv the Agreement between the parties dated
September 19, 2001 (a copy of which is incorporated hereto by reference); as follows:
In accordance with Article 3.08B of the original contract dated September 19, 2001, the County exercises
its first of two options to renew the contract for an additional one-year period.
2. Article 3.04 THE CONTRACT SUM, shall be adjusted in accordance with the percentage change in the
CPI-U for the most recent 12 months available. The contract amounts are as follows:
A. The actual cost of parts and materials purchased from the manufacturer plus 35% used by the
Contractor to fulfill the obligations of the Contract_ Manufacturer'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 of the cost.
B. The cost of labor and equipment used by the Contractor to fulfill the obligation of the Contract. The
labor and equipment costs will be calculated using the unit prices set forth as follows:
1. Labor during normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
holidays shall be $61.26 per hour, 1 mechanic, and $91.89 per hour, 1 mechanic plus helper.
2. Labor during overtime hours other than the normal working hours as stated above, including
holidays shall be $91.89 per hour, 1 mechanic, and $137.84 per hour, 1 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 shall be $8.17 per pound for R-22, and $40.84 per pound for R-12.
D. The total contract sum shall not exceed $20,420.00 per year.
The term of the renewed contract will commence on October 20, 2002, and will terminate on October 19,
2003.
4. 1n all other respects, the original contract dated September 19, 2001 between the parties remains in full
force and effect.
IN WITNESS,-Wi-EEREOF, the parties have hereunto set their hands and seal, the day and year first written above.
Attesf.-Da,nny.il"
. Kolhage, Clerk BOARD OF CO TY COMMISSIONERS
OF MONROE C TY FLORIDA
By: By:
Deputy Clerk
Witness: lM I
Witness:
HO STON AIR, NC.
By: --.
APPROVED AS TO FORM
!•.i(Ij AN WG Y
RDATE0
N ECTION THREE
CONTRACT
THIS AGRI:L-NIENT made and entered into this 19th day of Sc-p-tcmbcr, 2001, A.D. b and
Monroe County, Florida, (hereinafter called the "Owner"), and Houston Air Inc. y between
the "Contractor") (hereinafter called
WITNESSED. That the parties hereto, for the consideration hereinafter se
as follows: t forth, mutually agree
3.01 THE CONTRACT
Tile contract between the owner and the contractor, of which this agreement is a art
of tite contract documents. part, consists
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders and a
addenda issued hereafter, any other amendments hereto executed b the any
together with the bid proposal and all required insurance documentation. Parties hereafter,
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
UPPER KEYS FACILITIES
MONROE COUNTY, FLORIDA
And his bid dated August 30, 2001, attached hereto and incorporated as part 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,
money of the United States, as follows: in lawful
A 'rile actual cost of parts and materials
by the Contractor to ful[ill t(1C obit , purchased from- the manufacturer plus 3S% used
accompany ail requests for payrne tirforsof-the, ppart which exceeds Manufacturer's invoice must
requested at the dI%CI"etion of the ONVIler for any part, regardless o['the c O(t, and may be
13 l'he cost ol" lahoi and equipment used by the Contractoi to fulfill the Obligation
1 Contract
t Clio labor and ec[uiprnent costs v,,111 be calculated using t' on of the
forth in the Contractor's bid as follows: b the unit pr►ces set
working hours of 8:00 a.n^;� 5:00 p.m. Monday Friday, =;<luding holidays." w` Y thought
$60.00 per hour, mechanic
$90.00 per hour, mechanic plus helper
2 Labor -overtime rate for hours other than the normal working hours a
SECTION 2, paragraph B, including holidays. s stated in
$90.00 per hour, mechanic
$135.00per hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job an
with all Applications for Payment. d included
C. Freon for recharging systems:
I) R-22 $8.00 per pound
2) R-12 $40.00 per pound
D- The total contract sum shall not exceed $20,000.00 per year.
3.05 CONTRACTOR'S ACCEPTANCE Or, CONDITIONS
A- Any ambiguity or uncertainty in the Specifications shall be interpreted and
Owner, and Ills decision shall be final and binding upon all parties. construed by the
I3 The passing, approval, and/or acceptance of any part of the work or material b
y t not operate as a waiver by the Owner of strict compliance with the terns of thislCO tract wner shall
Specifications covering said work and the Owner may require the Contractor and/or and
to repair, replace, restore and/or make to comply strict) ills surety
Specifications any and all of said ��, p y )and in all things ��-ith the Contract and
work and/or materials which within a period of one year from
and after tile date of the passim;, approval, and/or acceptance of any such work or material,
found to be defective or- to fail in any vvay to comply witll this Contract or are
Specifications. "I'{l;s provision shall not apply to materials or equipment normally e with the
deteriorate or we out and become subject to normal repair and replacement before
to
condition is discovered. Failure on the part of the Contractor and/or Ills Surety, immediately
fore their
after Notice to either, to repair or replace any such defective materials and workmanship
sha
entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable
nshrp sha[I
such replacement and/or repair from the Contractor and/or his surety, who shall in an cost of
Jointly and severally liable to the Owner for all damage, loss, and expense caused t y event be
Owner
by reason of tl1e Contractor's breach of this Contract and/or his failure to comply � strictly o the Owner
all tllulgs �,,,rth this Contract and with the Specifications p 1 lctl� and in
3.06 "QUIDATED DAMAGES
T.
rs of, the essence of this (-ontract and should the Contractor fail to
ile
cnlert;ency repalrs within the specified time, or any authorized extension thereof there shalltbe
deducted Iron' the compensation otlicrwisc to be paid to the COiltra( or and retain the amount of I i(iy Dollars SQ. Is ( the Owner will
_($ ____.) per calendar day as fixed, agreed, and liquidated
-), cz(;n cal ar day elapsing beyond the s eci .9 r'fi
authorized extension t � �` P time for completion or
f, which sum shall represent the an
will have sustained by failure of the Contractor to complete work within y
e actual damages which the
being further agreed that said sum is not a tonally, but is the hin the specified tO� it
sustained by the Owner in the event of such default by the Contractor.fated amount of damages
3.07 PAYMENTS
In accordance with the provisions additions and t
fully set forth in the General Conditions, deductions as provided, the Owner shall pay the Contractor ons, and subject to
as follows:
The County shall pay to the Contractor for the performance of said se '
arrears basis. The Contractor shall invoice the County monthly for entraiice n a per
maintenance and repair services performed under the Specifications p month to
air conditioning
p cations contained herein.
The Owner will, within ten days after receipt of each application forpayment,
payment or return the application to the Contractor indicating in writing the Owner'
for refusing to recommend payment. In the Iatter nheO either process
corrections and resubmit the application. Thirty days aver presentations reasons
case, the Contractor may make the necessary
Payment with the Owners recommendation the amount recommended illhb become
for
will be paid to the Contractor. due and
3.08 TERM OF CONTRACT
A. This contract shall be fo�NEWAL
terminating on October 19, 2002. This ontract is renewable commencingin
October 20, 2001, and
accordance with Article 3.08I3.
B The Owner shall have the option to renew this agreement after th
succeeding year, for two additional one year e first year, and each
might be adjusted annually in accordance \a'itl thoedper percentage change
tlrt agreed to herein
Index for all urban consumers C1'I- b e Consumer Price
the contract amount durirr ( U) for the most recent 12 montlis available. Increases in
g each option year period shall be extended into the succeeding years C. Cither of the parties hereto may cancel this agreement without cause b
sixty (60) days written notice of its intention to do so. The County may the other parry
agreement for. cause within seven (7) days written notice of its intent to do so. y terminate this
3.09 HOLD HARMLESS
The Contractor shall defend indemnify and hold harmless the Monroe Count
Commissioners as indicated on form TCS. ) Board of County
3.10 INDEPENDI.N'F CONTRA('TOIt
At all times and fin all purPoses under this agreement lire Contractor is an
contractor and not an employee of the Hoard of County Commissioners for Monroe Co
No statement contained in this a �r independent
ty
of Iris/tier employees, contractors, ser-vanris'lorl gents11torbe employees as to rd tile of the I3 contractor or any
Commissioner~ tar Monroe County Board of County
•• CL"fttl t uISCRIMINATION
The Contractor shall
. discriminate against an national origin, sex, a e ; g y person on the basis of race, creed
recruiting, Kirin age, °r any other characteristic or aspect which is not �ob related COIOr,
g, promoting, terminating,> , in its
agreement or with the provision of services or goodsunderthis agreemenea affecting mplOYmcnt under this
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
Contractor, which approval shall be subject to such conditions and provisions as County and
Contractor may deem necessary. This agreement shall be incorporated b re the Owner and
assignment or subcontract and an Y ference into any
y assignee or subcontractor shall .comply with all of the
provisions of this agreement. Unless expressly
manner or event be deemed to impose any obligation uponrthe Otwner in additionPprova( shall in no
agreed -upon price of the services/goods of the contractor, nor relievehhe total
obligations under this contract. the contractor of his
3.13 COMPLIANCE WITH LAW
In providing all se, II* pursuant to this agreement, the contractor shall abide, statutes, ordinances, rules and regulations pertammg to, or regulating the provisions ofbY all
services, including those now in effect and hereinafter adopted. Any violation of said such
ordinances, miles and regulations shall constitute a material breach of this agreement statutes,
entitle the Owner to terminate this contract immediately upon delivery of written and steal(
termination to the contractor. notice of
3.14 INSURANCE
Prior to execution of this agreement the Contractor shall furnish the Owner Certifi
Insurance indicating the minimum coverage- cafes of
Iorms identified as INS(;KLST' 1-5asfur-tliI idetons as I oicat WC]cd by , GX aridthe attached
attached hereto and her
asVIA, each
part of this contract document.
3_[S FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services
or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of tre partially redu ile
services/goods specified herein, this agreement may then be terminated immediate)
option of the Owner by written notice of termination delivered in person or e
Contractor.tile
il at the
I'Ire Owner sliall not be obligated to pay for any services provided 1 by tlic
Contractor after, the Contractor has received written notice of termination.
3.16 PRORI?SSIONAL RESPONSIBILITY
The Contrac.101 warrants that it is authorir_c:d by lava
activities encompassed by tl1C project herein described, subject to the termand conditions b ge ui the performance of the
forth in the Public Works Specification Manual entitled "Central Air Conditioning R ons set
Ul�her Keys Facilities/From Conch KcY up to and Including Key Largo", b Repair- for
hereto and ii►corporatcd Herein as a pall of this coniractJagreement. The provider sh
i. Y t,o", which is attached
tnnrs excrcitic indepe11d�nt pio{cssional Judgment and shall assume professional responsibilitall at y
Y
k:ontinucd funding by the
of appropriate local, str''r,'z �e er is contingent u ,and/or federal certification and/or l censure of contract upon rexention
or.
3.17 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in Writing and
mailed, postage prepaid, to the other patty be certified mail, returned receipt re d delivered or
following: p quested, to the
FOR COUNTY
Monroe County Public Works FOR CONTRACTOR
Facilities Maintenance Department Houston Air, Inc.
3583 S. Roosevelt Blvd. P.O. Box 1321
Key West, FL 33040 171 Hood Avenue
Tavernier, FL 33070
3.18 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for
arising under this Agreement must be in Monroe County, Florida. any litigation
3.19 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contin
annual appropriation by the Monroe County Board of County Commissioners. gent upon an
IN WITNESS WHEREOF th -'".xrties hereto have -executed-this Agreement on
aE�.ove-written in four 4 the day and
O counterparts, each of which shalt, without proof or accounting for date first
40-19— �e deemed an original Contract. t the other
L. KOLHAGE, Clerk
zs-:, V" .
ty Clerk
Date: i Z• o
(SEAL)
Attest:
BOARD OF COUNTY COMMISSIONER
OF ONROE COUNTY, FLORIDA
y:
Mayor/Chairman
CONTRACTOR
HOUSTON AIIZ, INC.
B
WI E S S By' - -
Title
Title
wITNr-_ss ---� _
Title: c V �'/� 7/<� jz,
APPROVED AS TO VORIJY
AND JJrCSAI SI)f [•I
�i n n t�J------