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Item C10
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Jul 17,2013 Division: Public Works/En ing eering__ Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: Dent Pierce,/305-292-4560 AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Maverick United Elevator LLC for complete elevator service maintenance for Monroe County. ITEM BACKGROUND: There are thirty-four (34) elevators in County facilities located countywide that require annual inspections, repairs and maintenance. The current contract with Oracle Elevator expired on November 28, 2012, but it was approved to a month-to-month basis pending receipt of new bids. Sealed bids were opened on May 29, 2013, with three respondents: Mowrey Elevator Company of Florida, Inc., ThyssenKrupp Elevator Corporation and Maverick United Elevator. After analyzing the three bids, staff determined that Maverick United Elevator is the lowest responsive bidder. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST:$40,800.00/annual service maint INDIRECT COSTS_BUDGETED: Yes X No_ Plus annual inspections of$6,800.00 and repairs Labor: Normal Working Hours (8:00am-5:00pm) $75.00/hour Emergency Service Calls (after hours stated above, including holidays) $95.00/hour Parts: Included in the $500.00 invoice limit=Manufacturer's Invoice plus 35% Parts: Beyond those included in the $500.00 invoice limit=Manufacturer's Invoice plus 25% DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year$ 01 Pc,, C,2r APPROVED BY: County Attty OMB/Purchasing ni g Risk Manageme DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Maverick United Elevator Contract# Effective Date: 08/01/13 Expiration Date: 07/31/14 Contract Purpose/Description: Approval to award bid and execute contract with Maverick United Elevator for complete elevator service maintenance for Monroe County, Florida. Contract Manager: Alice Steryou 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 07/17/13 Agenda Deadline: 07/02/13 CONTRACT COSTS Total Dollar Value of Contract: $40,800 maint Current Year Portion: $ 6,800 plus repairs Repairs: Reg$75/hour;OT$95/hour; $6,800 inspections Parts:Included in the$500 invoice limit +repairs Cost+35%,Parts:Beyond those included in the$500 invoice limit Cost+25% Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A 001-20503-530-340- County Match: $ N/A 001-20505-530-340 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e .maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director 13 Yes[:] NoR/' e Risk Management I Yes[:] NoL O.M.B./Purchasing Yes[:] No® County Attorney Marl Yes❑ No® � � , °. i !1 Comments: OMB Form Revised 2/27/01 MCP#2 COPY s } N O �C ,V U �- N �U S oy V � N 01 � > -p S � O d Ot W o _ 0 0 o w Z a ,o CA 2 ° W 4. g p m a3 4; a3 �, o d 0 W ci ce M .Z p r? < U? Q Q W' m LL U W Q o WNLL W © O CL C UJ C L u0z oc o � rn ce o 0 o N o u > d QM © � W d oa 4- MN Mcn l.0 d in 0 -0 4 ,d q a CG Q -o 72 li. _ _ m © E.. a = Z � qW Q oz a a a L Q in Q a H H W m O z z z a � o CID rn a J , 'o W a LU o .!n u Z t9 W cl W o L. y v m E3. J d o > a> © Q, ¢ $ LU - d N C C z 4. %n � p > V } ca. 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WHEREAS, COUNTY desires to provide complete elevator service maintenance for Monroe County facilities, and WHEREAS, CONTRACTOR desires and is able to provide complete elevator service maintenance to Monroe County facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide complete elevator service maintenance to Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document,the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK: A. The Contractor shall furnish all labor and equipment, including emergency telephone monitoring to 911 dispatch, 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 and the Elevator Safety Code for Elevators and Escalators ASME A17.1. B. The Contractor shall be a Certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statue Section 399.061 for required inspections. C. The Contractor shall respond within four hours of notification of service, twenty-four hours per day, seven days per week. The Contractor shall provide a contact person to ensure twenty-four hour service. D. The Contractor shall respond and rectify all deficiencies as deemed necessary by the Bureau of Elevator Inspection within thirty days of notification. E. The Contractor shall ensure that machine rooms are kept in a clean and safe manner at all times. F. The Contractor shall abide by the Rules and Regulations for Contractors at the Monroe County Detention Facilities when servicing same. G. The Contractor shall be responsible to obtain any necessary permits during the term of this contract. H. Monroe County elevators to be serviced are as follows: Serial # Number Facility Location Address Landings 37419 Monroe County Court House Annex 502 Whitehead St,Key West 4 37641 Plantation Key Courthouse US#1/Hi h oint Road,Plantation Key 2 39503 J. Lancelot Lester Justice Building 530 Whitehead St,Key West 3 40616 Plantation Key Ellis Building 88800 Overseas Hwy,Plantation Key 2 46473 Marathon Government Center 2798 Overseas Hwy,Marathon 2 46502 Monroe County CH Annex 502 Whitehead St,Key West 3 46899 Monroe County Detention Center 5510 College Road, Stock Island 3 46900 Monroe County Detention Center 5510 College Road, Stock Island 3 46945 Records Storage Facility 530 Whitehead St,Key West 3 47143 Monroe County Detention Center 5510 College Road,Stock Island 2 47144 Monroe County Detention Center 5510 College Road,Stock island 2 47274 Monroe County Detention Center 5510 College Road,Stock Island 2 47275 Monroe County Detention Center 5510 College Road,Stock Island 2 47276 Monroe County Detention Center 5510 College Road, Stock Island 2 47834 Marathon Airport 9400 Overseas Highway,Marathon 2 50030 Sheriff s Administration Building 5525 College Road, Stock Island 3 50031 Sheriff s Administration Building 5525 College Road, Stock Island 3 51768 Harvey Government Center 1200 Truman Avenue,Key West 3 56110 Plantation Key Detention Facility 53 Hi h oint Road, Plantation Key 2 56216 Key West Courthouse Dumbwaiter 500 Whitehead Street,Key West 3 56691 Monroe County Courthouse 500 Whitehead Street, Key West 4 60239 Gato Building 1100 Simonton Street,Key West 2 61607 Department of Juvenile Justice 5525 College Road,Stock Island 3 61608 Department of Juvenile Justice 5525 College Road,Stock Island 3 74025 Sheriffs Aviation Hangar 10100 Overseas Hwy,Marathon 2 88432 Freeman Justice#1 302 Fleming Street, Key West 2 88433 Freeman Justice#2 302 Fleming Street,Key West 2 88434 Freeman Justice#3 302 Fleming Street,Key West 2 88435 Freeman Justice#4 302 Fleming Street,Key West 3 88436 Freeman Justice#5 302 Fleming Street,Key West 2 88437 Freeman Justice#6 302 Fleming Street,Key West 2 94425 Big Pine Key Park Community Bldg 31009 Atlantis,Big Pine Key 2 94927 Nelson Gov't. &Cultural Center 102050 Overseas Highway,Key Largo 2 97137 Big Pine Key Fire Station#13 390 Key Deer Blvd., Big Pine Key 2 In the event of a major component failure or system breakdown, the COUNTY,when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal/quote for replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any proposal over$10,000 up to and including $ 49,999.99 must be approved and signed by the Division Director and the County Administrator. 3. THE CONTRACT SUM The County shall pay to the Contractor for the performance of said monthly service on a per month in arrears basis on or before the 30"' day of the following month in each of twelve months. The Contractor shall invoice the County monthly for elevator service and maintenance performed under the Specification contained herein. The Contractor amount shall be as stated by the contractors bid as follows: Serial # Capacity Amount Amount per Number Facility Landings Lbs per Month Inspection 37419 Monroe County Courthouse Annex 4 4000 $ 100.00 $ 200.00 37641 Plantation Key Courthouse 2 2500 $ 100.00 $ 200.00 39503 J. Lancelot Lester Justice Building 3 2000 $ 100.00 $ 200.00 40616 Plantation Key Ellis Building 2 2100 $ 100.00 $ 200.00 46473 Marathon Government Center 2 3500 $ 100.00 $ 200.00 46502 Monroe County Courthouse Annex 3 4000 $ 100.00 $ 200.00 46899 Monroe County Detention Center 3 4000 $ 100.00 $ 200.00 46900 Monroe County Detention Center 3 4000 $ 100.00 $ 200.00 46945 Records Storage Facility 3 4000 $ 100.00 $ 200.00 47143 Monroe County Detention Center 2 2500 $ 100.00 $ 200.00 47144 Monroe County Detention Center 2 2500 $ 100.00 $ 200.00 47274 Monroe County Detention Center 2 4000 $ 100.00 $ 200.00 47275 Monroe County Detention Center 2 2500 $ 100.00 $ 200.00 47276 Monroe County Detention Center 2 2500 $ 100.00 $ 200.00 47834 Marathon Airport 2 2000 $ 100.00 $ 200.00 50030 Sheriffs Administration Building 3 3500 $ 100.00 $ 200.00 50031 Sheriffs Administration Building 3 3500 $ 100.00 $ 200.00 51768 Harvey Government Center 3 2500 $ 100.00 $ 200.00 56110 Plantation Key Detention Facility 2 750 $ 100.00 $ 200.00 56216 Key West Courthouse Dumbwaiter 3 150 $ 100.00 $ 200.00 56691 Monroe County Courthouse 4 2500 $ 100.00 $ 200.00 60239 Gato Building 2 2100 $ 100.00 $ 200.00 61607 Department of Juvenile Justice 3 4500 $ 100.00 $ 200.00 61608 Department of Juvenile Justice 3 4500 $ 100.00 $ 200.00 74025 Sheriffs Aviation Hangar 2 2000 $ 100.00 $ 200.00 88432 Freeman Justice#1 2 3500 $ 100.00 $ 200.00 88433 Freeman Justice#2 2 3500 $ 100.00 $ 200.00 88434 Freeman Justice 93 2 3500 $ 100.00 $ 200.00 88435 Freeman Justice 94 3 3500 $ 100.00 $ 200.00 88436 Freeman Justice#5 2 3500 $ 100.00 $ 200.00 88437 Freeman Justice#6 2 3500 $ 100.00 $ 200.00 94425 Big Pine Key Park Community Bldg 2 2100 $ 100.00 $ 200.00 94927 Nelson Gov't. &Cultural Center 2 3000 $ 100.00 $ 200.00 97137 Big Pine Key Fire Station 913 2 2500 $ 100.00 $ 200.00 A.. Repairs for normal working hours beyond the $500.00 limit (as defined below) between 8:00 a.m. and 5:00 p.m. Monday through Friday excluding holidays shall be $75.00 per hour. In any month in which a repair invoice total (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and the County will not be responsible for said amount. In any month in which any repair invoice (as defined above) exceeds $500.00, the Contractor will invoice the County and, pending review by the County, the County will pay the full amount stated on the invoice. B. Emergency service calls after hours stated above including holidays shall be $95.00 per hour. C. The cost of parts beyond those included in the $500.00 limit as described above (excluding freight and sales tax) shall be the manufacturers cost plus 25%. The cost of parts (excluding freight and sales tax) below the $500.00 limit shall be the manufacturers cost plus 35%. Freight and sales tax will be reimbursed at the amount charged only. The manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested at the discretion of the Director, Public Works, or his designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Director; Public Works, or his designee, for any freight charge, regardless of the cost associated therewith. 4. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. CONTRACTOR shall submit to the COUNTY repair invoices with supporting documentation acceptable to the Clerk, at completion by the CONTRACTOR of the repair and said work approved by an appropriate COUNTY representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. The COUNTY will not pay CONTRACTOR for costs for travel, mileage, meals or lodging. 5. TERM OF AGREEMENT This Agreement shall commence on August 1, 2013, and ends upon July 31, 2014, unless terminated earlier under paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one- year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 6. LICENSES CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the COUNTY upon execution of this Agreement. 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 8. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $100,000.00 per person, $300,000.00 per occurrence, and $50,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of,this Agreement. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, 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 additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. 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 Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. 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: FOR CONTRACTOR: Monroe County Maverick United Elevator Facilities Maintenance Department 10639 NW 122 St 3583 South Roosevelt Boulevard Medley FL 33178 Key West, FL 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 18. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 19. TERMINATION a. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. b. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. 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 with neither party having any further obligation under the term s of the contract upon termination. 20. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. UI i L/4 a . :' 4 " COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA NON-COLLUSION AFFIDAVIT I,Miguel A.Garcia of the city of Miami according to law on my oath,and under penalty of perjury,depose and say that: 1. 1 am the Accounts Manager of the firm of Maverick United Elevator the bidder making the Proposal for the project described in the Notice for Calling for bids for: Elevator Service and Maintenance Monroe County and that l executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation,communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly,to any other bidder or to any competitor:and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition, 5. the statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. �nl 5-28-2013 (Si atur of idde (Date) STATE OF: L- G g-t 6 COUNTY OF: _ % '0 W O L PERSONALLY APPEARED BEFORE ME,the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed hiAer signature in th pace provided above on this day of J Q 19 '7" 20,_, REBECA PINEDA NOT R PUBLIC*111 _.: Commission#EE 208427 My Commission Expires: 'a= Expires October 15,2016 �;. P Bid Documents 3-17 April 2013 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE Maverick United Elevator warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10- 1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion,deduct from the contract or purchase price, or otherwise recover,the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. ignature) Date: STATE OFF �'e'= ► b 1"� COUNTY OF Al t /u , c PERSONALLY APPEARED BEFORE ME,the undersigned authority. ~L C who,after first being sworn by me, affixed his/her signature (nam f individual signi4g) in the space provided above on this %-`� day of Pl y 2013. .. NOTARY PUBLIC My commission expires: ;4;W,p .,, REBECAPINEDA := Commission#EE 208427 s --,rzf Expires October 15,2016 R &MM TW Troy Fain Ins M 8&38ST01? OMB -MCP FORM#4 Bid Documents 3-18 April 2013 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Maverick United Elevator 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement.I certify that this firm complies fully with the above requirements. eM---1 Bidder's Signature =F Z g12G/3 Date OMB-MCP#5 Bid Documents 3-19 April 2013 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA Bidder's/Respondent's Insurance and Indemnification Statement Insurance Requirement _Required Limits Worker's Compensation Statutory Limits Employer's Liability $100.000 Bodily Injury by Accident $500.000 Disease, policy limits $100.000 Disease, each employee General Liability, including $300.000 Combined Single Limit Premises Operation or Blanket Contractual $100.000/person; $300,000/occurrence Products and Complete Operations $50,000 Property Damage Expanded Definition of Property Damage Personal Injury Vehicle Liability $100.000 Combined Single Limit OR $100,000/Occurrence; $50,000/Person; $25,000/Property Damage MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or(C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT,this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration 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. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S/RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the c tract d will comply in full with all the requir . HA.-4�ama- Bidder/Respondent nature Bid Documents 3-20 April 2013