Item C14
No
to
only. The Monroe County Detention
additional as follows:
Freon charges
17, 2003,
Ale
amend the Contract to
on 1
the following refrigerants to
$14.00 $1
a not to
contract
404
specifications: 11 $28.50 per 134
$15.00 per pound; 123 $12.00 per pound.
same at
as
---.lL
----1L
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Sub Zero, Inc.
Contract #_
Effective Date:
Expiration Date:
10/20/04
10/19/05
er
Contract Manager: Ann Riger
(Name)
4549
(Ext. )
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meeting on
04/20/05
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000
Budgeted? Y es~ No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 12,500
001-20501-530-340-_
101-20505-530-340-_
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $-"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director ~ YesD Noff
Date Out
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/0 I MCP #2
TIllS CONTRACT AMENDMENT is made and entered into this 20th day of April, 2005,
between the COUNTY OF MONROE and SUB ZERO, INC. in order to amend the
agreement between the parties dated September 17,2003, as amended on November 19,
2003, and as renewed on August 18, 2004 (copies of which are incorporated hereto by
reference); as follows:
1. Add to Article 3.03, The Contract S~ paragraph C, Freon charges as
follows:
R-ll $28.50 per pound
134A $14.00perpound
408 A $19.50 pet pound
404 A $15.00 per pound
123 $12.00 per pound
2. In all other respects, the original agreement dated September 17, 2003, as
amended on November 19, 2003, and as renewed on August 18, 2004,
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. Kolbage, Clerk
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
SUB ZERO, INC.
Witness:
Witness:
A nON
Date ASSISTAtjJ~A?OAN!Y
......""AGRItDIRNT
(Lowec ICeys CeDbaI AIC ...i......q _Repair)
THIS RENEW AI.. AGREEMENT is made and eoten:d into this I" day of August, 2004,
IJehuam the COUNTY OF MONROE aDd SUB ZERO, INC. in onIer'lo naew the ~
IJehuam the pIIties datal Sep8nl)el' 17, 2003, aDd as ~ on November 19, 2003 (copies of
wbich are iDCOIpOI'8ted heR:to by I~); as fOllows: .
I. Inaccanlaacewith AJtide 3.05 (B) of the original AgreemeDtdated September 11,2003,
the Couaty ~~ its finII of two options to reaew the ApeOlelll fOr an a&Uiriooal
ODe ,.... period.
2 The tenD. of the renewed agreement will commence 011 Oc:tober 20, 2004, aDd tellDinIte
Odober" 19, 200S.
3. In aD other respeas. the original agreemeot dated ~1Ct.,_ 17, 2003, ad as a~
on Nowmber- 19, 2003 P'!I'IIIIn- in fidI iRe aDd effect.
WfIRItEOFll tile p8Iies IIave htnuDto set t1Ieic .... ... ..., tile day 1IIIIl,...
BOARD OF COUNTY COMMJ"SSIONBt.S
MONROE COUNrY, FLORIDA
~~(~
.-~~-::~~4-~~~--~~
..........&".........--.. ........1...............--,.,..,.
~Keys CentmI AIC .....~... ,....)
( t
THIS CONTRACT AMENDMENT is made and eo1ered into this I tfh day ofNoYember.
2003. between the COUNTY OF MONROE and SUB ZERO, INC. in O(dec to amc:od the
agreement between the ~es dated September 17, 2003, (8 copy of which is illCOlpOnded
hereto by reference); as foUows: .
1. Revise Section Two - CONTRACT SPECIFICATIONS Pmgraph E 10 include inlist the
Monroe CouiIly Juvenile Justice Center Ioc:atecI at ssm College Road. Stock.IsIaDd.
2. All contrart ctiiptioDs and issues pertAining to die l..owa" Kqrs Ceaml Air
Conditioning Malatenaoce and Repair pedain to die Monroe County .JuWIIiIe JusCice
Center.
3. In all other respects., the original agreemeot dated September' 17, 2003, remaiBs in fidI
too:e md effect.
~ WJTNESS 'WHBtBOF. the parties have ~ .. ibeir Jaaads aDd seal. the day aDd year
.~.~rittaa above. .
X..~~ ~,
\ 1" ~~..
..~~;. '.
~ ..... ~ D81iny L. ~ Clerk
" '.of
. .
"-
COUNlY COMMISSPBS
COUN1Y,'FLoRmA
SUB
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 call the "owner"), and Sub Zero, Inc. ,
(hereinafter called the "Contractor").
WITNESSED:
follow:
That the parties hereto, for the consideration hereinafter set forth, mutually agree as
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 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
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 contractor 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:
1. Labor normal working hours of 8:00 a.m. to 5:00 p.m. 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
$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 $48.50perpound
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 terms 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 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.
3.05 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of one (1) year, commencmg 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
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 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.
3.08 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 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
services/goods of the contractor.
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 WC1, GL1, and VLl, 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 receipt requested, to the
following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
!'ey West, FL 33040
3.15 CANCEI..LA nON
A) The County may cancel this contract for cause with seveo (7) clays noticz to die
C01ItI'adOI'. Cause shall coastitute a breach of the obl~s of the CoatfadDr to
perform the services enumerated as the Contrador's obligations unda' this
coatract
B) EitJler of the parIies hereto may cancel this agreemeat without cause by giviIJ the
other party sixty (60) days written notice qfits ___ to do so.
3.]6 GOVERNING LAWS
This Agreem_ is paned by ~ laws of the State ~Florida. Venue for any litigation
arisiDg"under this AsreemeiIt must 'be i~ Monroe ~. Florida. IQ _ eyed of any
Iitigati~ the pRwaiIing party i#l entitIeCI to reasonable market value attorney.s feeS ad
costs..
3.17 CONTINGENCY STA,1:EMEtn'
Monioe Couuly's pa~1ir.P- and obligation to pay UDder this cOntnH::t is COII.tiqgecrt
upon an anmaJ ~~ bytbe M~ eoumyBoaid ef~COmmissDm.
.
IN WITNESS ~F: dJe',..ues ~.have executed this ~ on dH: day'" date
tint ~ abo~ ~ tbUt(4)'~ eadi of~Cb "~.WitbOut piopfor ~ for
the other~ be"~ an-oripaI ~
(SlW-)
Attest: DANNY L~ KOlJlAGE. CI.eUC.
By:. O'-l?--.c::r\
I>fpaty Clerk'
Date:~I,PC. ~~
(SEAL)
Attest:
BOAiID OF COUNlY COMMISSIONERS
OF ~QNR.OE COUNTY~'FLOIDA
a#}.; ~41
By:
,.
By:
MQNROf COu:, "eo
~~'
H~ . ViOl J:F --
Title