Item C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2004
Division:
Public Works
Bulk Item: Yes -X- No
Department: Facilities Maintenance '(f.. k
AGENDA ITEM WORDING: Approval to renew Contract with Sub-Zero, Inc. for the Lower Keys
AlC Maintenance and Repair.
ITEM BACKGROUND: On October 19, 2004, the current contract with Sub-Zero, Inc. will expire.
In accordance with Article 3.05 (B) of the original contract dated September 17, 2003, the Contract
may be renewed for two one-year periods. Staff recommends to exercise the first option to renew the
contract for a one-year period.
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 AlC Maintenance and Repair. On
November 19,2003 the BOCC approved to amend the Contract to include the Monroe County Juvenile
Justice Center on to the contract specifications.
CONTRACT/AGREEMENT CHANGES: Contract period to commence on October 20,2004 and
expire on October 19, 2005. Contract price remains the same.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $25.000 not to exceed
BUDGETED: Yes --X- No
COST TO COUNTY:
Same
SOURCE OF FUNDS:
Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing X
Risk Management _X_
DIVISION DIRECTOR APPROVAL:
~~~
Dent Pierce, Director Public Works
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPosmON:
AGENDA ITEM ~~
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contrabt with: Sub-Zero, Inc. Contract #_
Effective Date: 10/20/04
Expiration Date: 1 Oil 9/05
Contract PurposeIDescription:
To renew contract for the Central AlC Maintenance and Repair for the Lower Keys
Facilities
Contract Manager: Ann Riger 4549 Facilities MaintJStop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meetiAA on 08/18/04 ~enda Deadline: 08/03/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 25000 NTE Current Year Portion: $ 0
Budgeted? Yes[gl No 0 Account Codes: 001-20501-530-340-
Grant: $ N/A _-_-_-_-_
County Match: $ N/A -_-_-_-_
- - - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities,. . . salaries. etc.)
CONTRACT REVIEW
Changes Date Out
lj>~, !R Needed / /J ~ ll-~er <
DivisionDirector 1~\ YesDNoD ~j;;;7-"~_
Risk Management q.~ YesD N~ -mSJJJJ~
O.M.B./Purchasing 7~Yes[]N~ ~~~~~Z
County Attomey ~O'fYeSDNO~ ~
Comments:
OMB Fonn Revised 2/27/01 MCP #2
RENEWAL AGREEMENJ'
(Lower Keys Central AlC Maintenance and Repair)
. TIllS RENEWAL AGREEMENT is made and entered into this 1811 day of August, 2004,
between the COUNTY OF MONROE and SUB ZERO, INC. in order to renew the agreement
between the parties dated September 17,2003, and as amended on November 19, 2003 (copies of
which are incorporated hereto by reference); as follows:
1. In accordance with Article 3.05 (B) of the original Agreement dated September 17, 2003,
the County exercises its first of two options to renew the Agreement for an additional
one-year period.
2. The term of the renewed agreement will commence on October 20, 2004, and terminate
October 19,2005.
3. In all other respects, the original agreement dated September 17, 2003, and as amended
on November 19, 2003 remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their bands and seal, the day and year
first written above.
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Witness:
SUB ZERO, INC.
Witness:
By:
-"A.'....~'-A ~J.........,...,..,,.....&;J,,.,...
(Lower Keys Central AlC Maintenance and ~p,pair)
THIS CONTRACT AMENDMENT is made and entered into this 191h day of November,
20m, between the COUNTY OF MONROE and SUB ZERO, INe in order to amend the
agreement between the parties dated September 17, 2003, (8 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.
~ WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
.}ii~written above.
';"'::,. ','"
\',. \\'<' _.iJ".,
,Att~'S,t: Danny L. Kolhage, Clerk
B~~'~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~
Witness:
SUB ZERO, INe.
Wit
,/
~,.
By:: .' .1-\.
.v
,
~ ( ~.
""~ ,. '\ \ " "',,' ; n "
' ..,J U:; ".A (, \; .A~\
" \. -' -
SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 17th day of September, 2003, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes c~1l the "owner"), and Sub
Zero, Inc. , (hereinafter called the "Contractor"). I
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, of which this agreement is a part,
consists of the contract documents.
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.
3.02 SCOPE OF THE WORK.
The Contractor shall furnish all Iabor, 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
Up 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. The specifications shall serve as minimum contract
standards, and shall be the basis of inspection and acceptance of all the work.
.
3.03 THE CONTRACT SUM
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 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 contractpr to fulfill the obligation of
the Contract. The labor and equipment costs will be calculated using the unit
prices set forth in the Contractor's bid as follows
I Labor- normal working hours of 8:00 a.m to S 00 pm Monday through
Friday, excluding holidays.
$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 i
I
$72.00 per hour, mechanic '
$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:
1) 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.
3.04 CONTRACTOR'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
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.
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 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 the
tenns of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct 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 jointly and severally liable to the Owner for aU
dam~ge, 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.
3.05 TERM OF CONTRACT/RENEW AL
A This contract shan be for a period of one (I) year, commencing October 20th 2003, and
terminating October 19, 2004
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
"
I
i
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 Of
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 shan be construed so as to find the
contractor or any ofhislher 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 employment
under this agreement or with the provision of services or goods under this agreement.
3.09 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 o~ 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 services/goods of the
. ,.
contractor. f
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.
3.1 ] 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 WC1, GLI, and
VL I, 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 A V All..ABILITY
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 receipt
requested, to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
. .
FOR CONTRACTOR
Sub Zero, Inc.
6003 Peninsular A venue
Key West, fL 33040
I
3.] 5
B)
CANCELLATION
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 obligations under this
contract.
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. ]6
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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
BY4t'~ >>;. tJJ.LI
Mayor/C airman
By: 09-1 ')-q~
Deputy Clerk
Date:~ c. )11~~
/
(SEAL)
Atlest-a
By .__!~~/
.,..r"
Titl e:
(
"'---._L__
By I
CONTRACTOR
SUB~ me ~
By .\~;t\ '1 ~lli,
Title: ~'CU-'~ '
, t.v/,
Title