Item D31BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date. August 20. 21, 2003 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenance, -
AGENDA ITEM WORDING: Approval to renew contract with Mowrey Elevator Service, Inc. for
complete elevator service maintenance for Monroe County elevators.
ITEM BACKGROUND: On November 21, 2003, the current contract with Mowrey Elevator
Service, Inc. will expire. Staff recommends to renew the contract for the final one-year period, in
accordance with Article 3.06 (B) of the original contract dated October 17, 2001. The contract amount
shall remain the same.
PREVIOUS RELEVANT BOCC ACTION: On October 17, 2001, the BOCC approved to award
bid and enter into a contract with Mowrey Elevator Service for complete elevator service maintenance
for Monroe County. On March 20, 2002, the BOCC approved a contract amendment to include the
elevator and dumbwaiter at the Key West Courthouse to the specifications. On August 21, 2002 the
BOCC approved to include the elevator located at the Gato Building, and on September 18, 2002, the
BOCC approved the first of two one-year contract renewal periods.
CONTRACT/AGREEMENT CHANGES: To renew contract for an additional one-year period
commencing on November 22, 2003, and terminating on November 21, 2004.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $27,767.25
COST TO COUNTY: $27,767.25
BUDGETED: Yes X No
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management _X
f
DIVISION DIRECTOR APPROVAL: .
Ae�
ent 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: Mowrey Elevator Service
Contract #
Effective Date: 11/22/03
Expiration Date: 11/21/04
Contract Purpose/Description:
To renew the contract for complete elevator service for an additional one year period,
Contract Manager: Ann Riger
4431 Facilities Maint/Sto #4
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 08/20/03
Agenda Deadline: 08/05/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,767.25 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ N/A 101-20505-530-340-
County Match: $ N/A 404-63001-530-340-
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, s2
CONTRACT REVIEW
E
Changes Date Out
Date In Needed w
Division Director s'6 3 Yes❑ No0' `
Risk Management ? ��y�c 3 Yes❑ NoP' 7 3Y1 V 3
O.M.B./Purchasing -7 1"'1 v3 Yes❑ No[��'�, _� ��{ C
County Attorney ?1z-6-1n3 Yes❑ No� L p�
Comments:
Form Revised *)/?7/01 MrP 10
CONTRACT RENEWAL
(Complete Elevator Service Maintenance for Monroe County)
THIS CONTRACT RENEWAL is made and entered into this 20th day of August, 2003,
between the COUNTY OF MONROE and MOWREY ELEVATOR SERVICE INC., in order to
renew the agreement between the parties dated October 17, 2001, and as amended on March 20,
2002, and August 21, 2002, and as renewed on September 18, 2002 (copies of which are
incorporated hereto by reference); as follows:
Contractor will exercise the final of two renewal options in accordance to Article 3.06
(B) of the original contract dated October 17, 2001.
2. The renewed contract shall commence on November 22, 2003, and will expire on
November 21, 2004.
3. In all other respects, the original agreement dated October 17, 2001 and as amended on
March 20, 2002, and August 21, 2002, and as renewed on September 18th, 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
Witness:
Witness:
MONROE COUNTY ATT RNEY
ROVED A
UZANNE UTTON
ASSISTANT TY rT RNEY
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
L-In
MOWREY ELEVATOR, INC.
Lo
CONTRACT RENEWAL
(Complete Elevator Service Maintenance for Monroe County)
THIS CONTRACT RENEWAL is made and entered into this 18"' day of September,
2002, between the COUNTY OF MONROE and MOWREY ELE\- ATOR SERVICE INC., in
order to renew the agreement between the parties dated October 17, 2001, and as amended on
March 20, 2002, and August 21, 2002 (copies of which are incorporated hereto by reference); as
follows:
1. Contractor will exercise the first of two renewal options in accordance to Article 3.06 (B)
of the original contract dated October 17, 2001, and the contract amount will be adjusted
in accordance with the CPI-U for the most recent 12 months available. (July, 2002 1.4%.)
2. The renewed contract shall commence on November 22, 2002, and will expire on
November 21, 2003.
3. The contract costs for monthly maintenance shall increase from $2,042.00 to $2,071.00,
and costs for biennial inspections shall increase from $2,875.00 ($125.00 per elevator) to
$2,915.25 ($126.75 per elevator).
4. In all other respects, the original agreement dated October 17, 2001 and as amended on
March 20, 2002, and 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>#fin above.
r<AttiY§1'_ Da L. Kolhage, Clerk BOARD OF C UNTY COMMISSIONERS
OF MONR0 UNTY, FLORIDA
.r
By:
Witness:
Witness:
MOWREY ELEVATOR,
APPROVED AS TO FO
AND LEOX SUFFICIE
BY
ANNE/.. TON
n .. TC
P 0 4 2002
6k
'. C'ONTRAC AMI..
((nU�4E:NT fu
cunl�lctcri ! vator Service Mamie(lance fcrr Moil" % t>>)
T'IIIS CON I JtAGF
between Ah41:NDMF_N l is made and en�crcd into this �l�da� of ��)(� O(between th< ('Ot-l\+11' ()I.1�40NROF and MU��'R1=Y l:I,I.VA"I'OE2 SI RVI( (. INc ,n u,d
amend the a),cccmcnt between the panics dated October 17, 2001, and as amcndcd on March t20,
lo
2002 (copies of which are incorporated hereto by reference)- as follows:
1 • Revise Section Two — CONTRACT SPECIFICATIONS Paragraph "G" to include the
elevator at tite Gato Building, 1 100 Simonton Street, Key West, Florida, Serial
60239. Number
2. All contract obligations and issues pertaining to the elevator service maintenance for
Monroe County elevators, pertain to the Gato Building elevator.
3. The cost for monthly maintenance service will be $120.00 for the elevator: Costs for
biennial inspection will be $125.00. The increase in cost to the contract will be from
$1,922.00 per month to $2,042.00 for maintenance service, and from $2,750.00
biennially to $2,875.00 biennially for inspection.
4. The inclusion of the Gato Building elevator, serial number 60239 into the contract
specs ications will commence on October- 1, 2002,
5. In all other respects, the original agreement dated October 17, 2001 and as amended on
_M,arch 20 2002 remains in full force and effect.
AN WITNtSS •WHEREOF, the parties have hereunto set their hands and seal th
rst' i widtten above. e day and year
:.Attest: Danny L. Kolhage, Clerk
B:
Witness
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO T, TY, FLORIDA
By:
MOWREY ELEVATOR, INC.
APPRO
A Fc Eo As rO
6 f rP�RM
DAr,R08 r N. J
E
- ""`v' '3k;► Vice Maintenance for Monroe County)
THIS CO ,
NTRAC ' �MENT is made and entere�'in this 20"' da
2002, between the COUNTY OF MO y of March,
order to amend the agreement between l` the ROEa and
dated ELEVATOR SERVICE
incorporated hereto by reference); as follows: October 17, 2001 a co INC., in
py of which is
1. Rcvisc Section Two — CONTRACT SPECIFICATIONS Paragraph ((G71 to include
Monroe County Courthouse at Jackson Square, 500 Whitehead Street, KeyWest to the
Serial Number 56691, and the dumbwaiter at the Courthouse, Serial Number 562 Florida,
. 16.
2. All contract obligations and issues pertaining to the elevator service maintenance for
Monroe County elevators, pertain to the Courthouse elevator and dumbwaiter.
3. The cost for monthly maintenance service will be $130.00 for the elevator, a
nd for the dumbwaiter. Costs for biennial inspection is $125.00 for the elevator. $75.The
increase in cost to the contract will be from $1,717.00 per month to $I,922.00
maintenance service, and from $2,625.00 biennially to $2,750.00 biennials for
inspection. y or
4. In all other respects, the original agreement dated October 17, 2001, remains in full
and ef-ect. force
first•�wn
Attestf.I
Witness
Witness
F, the parties have hereunto set their hands and seal, the flay and year
Kolhage, Clerk
BOARD OF COUN, CONINESSIONERS
OF MONROE C J�PITY, FLORIDA
By:
MOWREY ELEVATOR, INC.
APPROVED AS TO FORM
-AL IEN Y.
E Yam.
UN�jk
UTTON
ATC
SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 17`h day of October, 2001, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter called the Owner), and Mowrey Elevator
Service, Inc., (hereinafter called the Contractor).
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
3.01 THE CONTRACT
The Contract between the owner and the contractor, of which this agreement is a part,
consists of the 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 parties
hereafter, together with the bid proposal and all required insurance documentation.
3.03 SCOPE OF WORK
A. The Contractor shall furnish all labor and equipment to provide routine
examination, lubrication, cleaning, adjustment, replacement of parts, and
performance of applicable code -required safety tests on traction elevators or
annual relief pressure tests on hydraulic elevators, and any other service, repair,
and maintenance sufficient to ensure the safe operation of the elevators in
accordance with Florida Statute Chapter 399, the Elevator Safety Code for
Elevators and Escalators ASME A17.1, the Specification Package entitled
"Complete Elevator Service Maintenance for Monroe County", and his bid dated
September 11, 2001.
B. The Contractor shall be a Certificate of Competency Holder for the service
maintenance contract in accordance with the revised Florida Statute Section
399.061 for required inspections.
C. The Contractor shall respond within four (4) hours of notification of service,
twenty-four (24) hours per day, seven (7) days per week. The Contractor shall
provide a contact person to ensure twenty-four (24) hour service.
D. The Contractor shall respond and rectify all safety related deficiencies deemed
necessary by the Bureau of Elevator Inspection immediately. If
deficiency/deficiencies cannot be rectified immediately due to the unavailability
of parts, the Contractor shall terminate power- to the elevator(s) so that it may not
be utilized until rectification. Contractor will rectify safety -related deficiencies
within forty-eight (48) hours of receipt of parts. The Contractor shall rectify all
other deficiencies deemed necessary by the Bureau of Elevator inspection within
thirty (30) days of notification.
E The Contractor shall ensure that machine rooms are kept in a clean and safe
manner at all times.
(: The Contractor shall abide by the Rules and Regulations for Contractors at the
Monroe County Detention Facilities when servicing same.
3. b4 THE CONTRACT
A. The County shall pay to the Contractor for the performance of said service on a
per month in arrears basis on or before the 30`t' day of the following month in each of
twelve (12) months. The Contractor shall invoice the County monthly for elevator
service and maintenance performed under the Specifications contained herein. The
Contract amount shall be as stated by the contractor's bid as follows: Monthly service
and maintenance - one thousand seven hundred seventeen dollars and no cents,
($1,717.00); Biennial inspection - two thousand six hundred twenty five and no cents,
($2,625.00).
3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites and has
made investigations to fully satisfy himself that such sites are correct and suitable
ones for this work and he assumes full responsibility therefore. The provisions of
the Contract shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Contract
be more strongly construed against the owner than against the Contractor (and his
Surety, if applicable).
B. 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.
C. The passing, approval, and/or 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 of this Contract, and Specifications covering said work. Failure on the
part of the Contractor, immediately after Notice to Correct workmanship shall
entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost
of such replacement and/or repair from the Contractor, who shall in any event be r
liable to the Owner for all damage, loss, and expense caused to the Owner by
reason of the Contractor's breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the Specifications.
3.06 TERM OF CONTRACT/RENEWAL
A. This contract shall commence November 22, 2001 and terminate on November
21, 2002. This Contract term shall be renewable in accordance with Article
3.06B.
Q 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
agreed to herein 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. Increases in the contract amount during each option
year period shall be extended into the succeeding years.
3.07 HOLD HARMLESS
The Contractor cove -:;:,ants and agrees to indemnify and hc�;harmless Monroe Coup
Board of County �issioners from any and all claims for bodilym' County
death), personal injury, and roe damage JmY (including
property rtY ag (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorneys fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
3.08 INDEPENDENT CONTRACTOR
At all times and for 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 of his/her employees, contractors, servants, or agents to be employees
of the Board of County Commissioners for Monroe County.
3.09 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 t agreement.
3.10 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under 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 Board may deem necessary. This paragraph 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 Board in addition to the total agreed -upon price of the service/goods
of the contractor.
3.11 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 and hereinafter adopted. Any violation of
said statutes, ordinar :_ s, rules and regulations shall constit�� a material breach of this
agreement and shantitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the contractor. The contractor shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this contract.
3.12 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "V on the
attached forms identified as INSCKLST, as further detailed on forms WCl, GL1, and
VL1, each attached hereto and incorporated as part of this contract document, and all
other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
3.13 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or mailed to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
3.14 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, professional judgment and shall assume professional responsibility
for the services to be provided. Continued funding by the Board is contingent upon
retention of appropriate local, state, and/or federal certification and/or licensure of
contractor.
3.15 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, returned receipt
requested, to the following:
FOR COUNTY FOR CONTRACTOR
Monroe County Facilities Maintenance Mowrey Elevator Service, Inc_
3583 S. Roosevelt Blvd. 3300 S.W. 50`h Avenue
Key West, FL 33040 Davie, FL 33314
3.16 CANCELLATION
A. The County may cancel this contract for cause with seven (7) days notice to the
contractor. Cause shal I constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligations under- this
contract
B 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.
GOVERNING LAW"-
. ,.;�.
This Agreement is g`crned by the laws of the State of Flori. a. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
3.18 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WIEREOF the parties hereto have executed this Agreement on the day and date
, firstwrittenabove in four (4) counterparts, each of which shall, without proof or accounting for
nterparts, be deemed an original contract.
L.
B !puty Clerk
Date: Z� 17 z ,,.,,
(SEAL)
At+Pe*
B ARD OF COUNTY COMMISSIONERS
CLERK F MON ROE CO Y, RIDA
Y.
Mayor/Chairman
CONTRACTOR
Mo)
al
Title
APPROD_YED AS TO FORM
A GAl SUFFICI
BY
6 NNE H T N
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