Item E23BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19. 2003 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
A/C maintenance and repair services to the Monroe County Juvenile Justice Center on Stock Island.
ITEM BACKGROUND: The warranty with Biltmore Construction for the central air conditioning at
the Monroe County Juvenile Justice Center recently expired. Sub -Zero, Inc. is our current contractor
for the maintenance and repair of the central air conditioning units for the Lower Keys facilities.
PREVIOUS RELEVANT BOCC ACTION: On September 17, 2003 the BOCC approved to award
bid and enter into a contract with Sub -Zero, Inc. for the Lower Keys A/C Maintenance & Repair.
CONTRACT/AGREEMENT CHANGES: To add the Monroe County Juvenile Justice Center to the
list of buildings in the Lower Keys to the contract for air conditioning maintenance and repair.
STAFF RECOMMENDATIONS: Approval as stated above
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes X No
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DIVISION DIRECTOR APPROVAL: /z--��--___--
Dent Pierce, Director Public Works
DOCUMENTATION:
DISPOSITION:
Revised 1/03
Included X To Follow Not Required
AGENDA ITEM # �i2 -?
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sub -Zero, Inc.
10/20/03
10/19/04
Contract Purpose/Description:
To add the Monroe County Juvenile Justice Center on Stock Island to the contract
sDeclf7catinnc fnr the T nx:,r Tt— A /n it r _ __ _ ,
Contract #
Effective Date:
Expiration Date:
Contract Manager: _Ann Rij4er 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/19/03
Deadline: 11/04/03
CONTRACT COSTS
Total Dollar Value of Contract: $ me 25000 Current Year Portion: $
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:
(Not included in dollar value above) fPa .
CONTRACT REVIEW
me 25000
Changes Date Out
Date In Needed e
Division Director +� 13 Yes[] No[:]
Risk Management 101Z9lo 3 YesE] Nog-
O.M.B./Purchasing 10 [�j jaesn No0---
County Attorney 01z9/03Yes❑ Noa r
Comments:
1 MCP
CONTRACT AMENDMENT
(Lower Keys Central A/C Maintenance and Repair)
THIS CONTRACT AMENDMENT is made and entered into this 19t' day of November,
2003, between the COUNTY OF MONROE and SUB ZERO, INC. in order to amend the
agreement between the parties dated September 17, 2003, (a copy of which is incorporated
hereto by reference); as follows:
1. Revise Section Two — CONTRACT SPECIFICATIONS Paragraph E to include in list the
Monroe County Juvenile Justice Center located at 5503 College Road, Stock Island.
2. All contract obligations and issues pertaining to the Lower Keys Central Air
Conditioning Maintenance and Repair pertain to the Monroe County Juvenile Justice
Center.
3. In all other respects, the original agreement dated September 17, 2003, 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
U60
Witness:
Witness:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
SUB ZERO, INC.
Lo
MONPR p 0iIN7'y ATTORNEY
� FORM:
Data IESI
F ggST � WO E
SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 170' day of September, 2003, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes cell the "owner") and Sub
Zero Inc , (hereinafter called the "Contractor" ).
WITNESSED That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow: }
3.01 THE CONTRACT
The contract between the owner and the contractor,
consists of the contract documents. of which this agreement is a part,
i
3.01 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.
i Q2 SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus,
and transportation, and perform all of the work described n the Specifications entitled:
Central Air Conditioning
Maintenance and Repair
Lower Keys Facilities
I)p to and Including Big Pine Key
Monroe County, Florida
And his bid dated July 30, 2003 each attached hereto and incorporated as part of
this contract document. Thee specifications shall serve. as minimum
standards, and shall be the. basis of inscontract
inspection and acceptance of all the work.
3.03 THE CONTRACT StJlvt
The Owner shall pay to the Contractor for the faithful performance of the Contract, in
lawful money of the United States, as follows:
A The actual cost of parts and materials purchased from the manufacturer plus
30% used by the Contractor to fulfill the obli
Manufacturer's 'Invoice must accompany all requests�forr,�l
Manupayment ile Contract
which exceeds $lUU U0 and may be requested at the discretin of the Ow erl)fony rt
cr
any part, regardless of the cost
f3 1'hc' cost of labor and equiprtlent used by the conUa(:tk-), t1, fulfithe obligation of
ll the Contract "I'he labor and equipment costs will bt alc:ulated using the unit
prices set forth in the Contractor's bid as follows
I Labor normal workin&' hours of 8:00 a ,n w J ), i
Friday, excluding; holidays !' ,�, Monday through
$64.00 per hour, mechanic
$70.00 per hour, mechanic plus helper
2 Labor- - overtime rate for hours other than the normal working hours as
stated above, including holidays
$72.00 per hour, mechanic r
$80.00 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 $10.54 per pound
2) R-12 $48.50 per pound
D. The total contract sum shall not exceed $25,000.00 per year.
The Contractor shall submit with his invoice the Application for Payment Details as shown in
.Section TWO — Contract Specifications, page 9.
3.04CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A The Contractor hereby agrees that he has carefully examined the site and has made
investigations to fully satisfy himself that such site is correct and a suitable one for this
control any
work and he assumes full responsibility therefore. The provisions of the Contract shall
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 sufliciency 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.
P Any ambiguity or uncertainty in the specifications shall be inter r the Owner, and his decision shall be final and binding upon all parties d ar, construe+ by
C. The passing, approval, and/or acceptance by the Owner of any of the services furnished
by the Contractor shall not operate as a waiver by the Owner of strict compliance with
terms of this Contract, and specifications covering - p rth the
Contractor, immediately after Notice to Correct shall entitle the Owner, Iices. Failure onf It pert it the
to
correct the same and recover the reasonable cost of' such replacement and/or repair from
the Contractor, who shall in any event be jointly and severally 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 with the specifications. t ac,t and
3 05 TERM OF CONTRACT/RENEWAL,
A This contract shall be for a period of cane year, conurre
1
terniinating October 19, 2004 t )nc�ng October 2U°i 2003, and
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.
3.06 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including .property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's 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.
3.07 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 COBS r ued sa 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,
3.08 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
employ
under this agreement or with the provision of services or goods undo:.T this agreement merit
3.09 ASSiGNMEN"I-/SIJI3CONIRAC"l-
The Contractor shall not. assign or subcontract its obligations un eA agreement, except
in writing and with the prior written approval of the Board of
Mo.;;r,tw ('ornmisirrners for
Monroe County acid Contractor, which approval shall be subj;�.�x _, ;ti;ch conditions and
plowI Ions as the Board may deem necessary This paragrai r l,nr;,rt,orated 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 services/goods of the
contractor /
I
3 10 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle 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.
3.11 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 "X" on the
attached forms identified as INSCKLST 1-5, as further detailed on forms WC I, GL I, and
VLI, 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.
3.12 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced or cannot be obtained or cannot be continued at 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 be mail 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.
3.13 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, subject to the terms and
conditions set forth in these contract documents 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 14 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 by certified mail, returned recei
requested, to the following pt
FOR COUNTY FOR CONTRACTOR
Monroe County Facilities Maintenance
3583 S Roosevelt Blvd. Sub Zero, Inc.
6003 Peninsular Avenue
Key West, FL 33040 Key West, 11I. 33040
3.15 CANCEI,I-ATION
A) The County may cancel this contract for cause with seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligati
contract. ons under this
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.
3.16 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. In the event of any
litigation, the prevailing party is entitled to reasonable market value attorney's fees and
costs.
3.17 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 WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest DANNY L. KOLHAGE, CLERK
By: C)9—/ D_ O �
Deputy
Clerk
Q✓i�
(SEAL)
Attest
r
By
WITN _S,
--
By
WITNESS ---
Tit le
BOARD
OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
Mayor/C airman.
CONTRACTOR
SUB ZE O INC
By r
�ALL�_ 11 Q I tl
M U I
RO N�OL=F
CHI ;l AN '��ir..
Data. _ - b