Item C26 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17,2013 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person Bob Stone, (305)289-6036
AGENDA ITEM WORDING: Approval to exercise the second option to renew the contract with
TEM ENVIRONMENTAL & MECHANICAL SERVICES, Corp. for Middle Keys facilities central air
conditioning requested maintenance and repair.
ITEM BACKGROUND: The original agreement provides for two additional one-year renewal options
and the parties wish to exercise this second option to renew for one additional year.
PREVIOUS RELEVANT BOCC ACTION: On September 21, 2011, the BOCC approved award of
bid and contract with TEM Environmental & Mechanical Service Corp. On September 21, 2012, the
BOCC approved an amendment and first renewal agreement.
CONTRACT/AGREEMENT CHANGES: The second renewal agreement will commence October
01, 2013 and terminate September 30, 2014; labor costs to increase by 1.7% CPI-U. Regular rates,
$33.48 per hour, mechanic to $ 34.05 per hour, $49.96 per hour, mechanic plus helper to $ 50.81 per hour.
Overtime rate; $50.21 per hour, mechanic to $ 51.07 per hour, $74.93 per hour, mechanic plus helper to $ 76.21
per hour.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $45,000 INDIRECT COST: BUDGETED: Yes X No_
(Unless approved emergency work as described in contract exceeds limit)
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty_ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION• AGENDA ITEM#
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: TEM Environmental& Contract#
Mechanical Services, Corp
Effective Date: 10/01/13
Expiration Date: 09/30/14
Contract Purpose/Description:
Contract for central a/c maintenance and repair for the Middle Keys facilities
Contract Manager: Alice Steryou 4549 Facilities Maint/#4
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 09/17/13 Agenda Deadline: 09/03/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 45,000 Current Year Portion: $ -0-
(unless approved emergency work as
described in contract exceeds limit)
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ 001-20505-530-340-
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance,utilities,janitorial, salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director (3 Yes❑ No[� "13
Risk Management Yes❑ NoKd// U'
O.M.B./Purchasing Yes❑ No X❑ 1 -13
County Attorney Yes❑ NooF26�
Comments:
OMB Form Revised 2/27/01 MCP#2
SECOND RENEWAL AGREEMENT
(CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR-MIDDLE KEYS FACILITIES)
THIS SECOND RENEWAL AGREEMENT is made and entered into this day of
2013, between MONROE COUNTY (hereinafter "County" or "Owner"),<a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
and TEM ENVIRONMENTAL & MECHANICAL SERVICE CORP (hereinafter `°TEM"), whose
address is 31425 SW 202 Ave,Homestead,'Florida' 33030
WHEREAS, the parties hereto did on September 21, 2011 enter into an Agreement for Central
Air Conditioning Maintenance and Repair Services to County Middle Keys Facilities (hereinafter
"Original Agreement"); and
WHEREAS,the parties have found the Agreement to be mutually beneficial;and;
WHEREAS, the parties have found the amendment and first renewal Agreement mutually
beneficial;and;
WHEREAS,the parties find that it would be mutually beneficial to enter into this second renewal
agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,the parties agree as follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the second of the two (2) one-year terms. This term
will commence on October '01, 2013 and terminate September 30, 2014. The contract
amount is adjusted 1.7% 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.
Labor-Normal working hours of 8:00 a.m. to 5:00 p.m.Monday through Friday,excluding holidays:
$33.48 per hour,mechanic to$34.05,per hour
$49.96 per hour,mechanic plus helper to S 50.81 per hour
Overtime rate for hours other than the normal working hours as stated above, including holidays:
$50.21 per hour, mechanic to$51.07 per hour
$74.93 per hour,mechanic plus helper to S 76.21 per hour
2. Except as set forth in paragraph 1 of this Second Renewal Agreement,in all other respects,
the terms and conditions set forth in the Original Agreement as amended remain in full'force
and effect.
IN WITNESS`WHEREOF,the parties hereto have set their hands and seals the day and year first
above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST.AMY HEAVILIN CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Witnesses for CONTRACTOR: TEM ENVIRONMENTAL& MECHANICAL
SERVICE CORP
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azure By
Date Print Name
RTy ATTORNEY
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AMENDMENT AND-FIRST RENEWAL AGREEMENT j
(CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR-MIDDLE KEYS"FACILITIES),
THIS A ME T AND FIRST RENEWAL AGREEMENT is made and entered info this
day of ,Arzw 2012, between MONROE COUNTY (hereinafter "County" or
"Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, and TEM ENVIRONMENTAL & MECHANICAL SERVICE CORP
(hereinafter"TEM"),whose address is 31425 SW 202 Ave,Homestead,Florida 33030
WHEREAS, the parties hereto did on September 21, 2011 enter into an Agreement for Central
Air Conditioning Maintenance and Repair Services to County Middle Keys Facilities (het wafter
"Original Agreement"); and
1
WHEREAS,the parties have found the Agreement to be mutually beneficial;and;
WHEREAS,the parties find that it would be mutually beneficial to enter into this amendment and
first renewal agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,the parties agree as follows: j �
I. In accordance with Paragraph 4 of the Original Agreement,the County exercises the option 3
to renew the Original Agreement for the first of the two (2) one-year terms. This term will i
commence on October 01,2012 and terminate September 30, 2013. The contract amount
is adjusted 3% 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.
Labor ' Normal working hours of 8:00 a.m.to 5:00 p.m.Monday through Friday, excludii hand y -v�
2>
$32.50 per hour,mechanic to$33.48 per hour
CD
$48.50 per hour, mechanic plus helper to$49.96 per hour iv/
f` {
Overtime rate for hours other than the normal working hours as stated above, including holidgs: `J
ry.
$48.75 per hour, mechanic to$50.21 per hour 00
$72.75 per hour,mechanic plus helper to$74.93 per hour
f F W �7
2. In accordance with Paragraph 3: Payments to Contractor, Section F. Freon for r arg tf�t
systems of the Original Agreement,R-22 at$10.75 per pound to R-22 at$16.75 pe pound.`
3. Except as,set forth in paragraph 1 and 2 of this Amendment and First Renewal Ag eement,
in all other respects,the terns and conditions set forth in the Original Agreement remain in
full force and effect.
t
,IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ear first
on
f `above written.
3 ( 13Af� BOARD OF COUNTY COMMISSION KS
a� TT T�D�°► IY L.KOLHAGE,CLERK OF MOLAR RIDA
" 7,Deputy Clerk Mayor/Chairperson
sses for CONTRACTOR: TEM ENVIRONMENT M
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AGREEMENT TO CENTRAL AIR CONDITIONING MAINTENANCE
AND REPAIR—MIDDLE KEYS FACILITIES MONROE COUNTY FLORIDA
This Agreement is made and entered into this �'day of September, 2011, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and TEM
ENVIRONMENTAL & MECHANICAL SERVICES, CORP. ("CONTRACTOR"), a Florida
corporation, whose address is 31425 SW 202 Avenue, Homestead, FL 33030.
WHEREAS, COUNTY desires to provide central air conditioning maintenance and
repair services to COUNTY Middle Keys Facilities;: and
WHEREAS, CONTRACTOR desires and is able to provide central air conditioning
maintenance and repair services to COUNTY Middle Keys Facilities; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide central
air conditioning maintenance and repair services to COUNTY Middle Keys Facilities, 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�addeirda
only. z+ 70
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2. SCOPE OF THE WORK
o
A. Routine repairs and requested maintenance of all county maintained central air
conditioning units in the Middle Keys area.
B. Emergency repairs of all county maintained central air conditioning units in the
Middle Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year.
The CONTRACTOR shall be at the site of an air conditioning malfunction within three (3) hours
of verbal or written notification by the COUNTY. The CONTRACTOR shall provide an after
hours contact person and phone number. The COUNTY, upon award of the contract, shall
provide a contact person and phone number for building and equipment access.
C. The CONTRACTOR shall have access to a supply of all parts and controls
normally necessary for the emergency repairs of all county maintained central air conditioning
units so that such emergency repairs will be completed within 48 hours of notification by the
COUNTY.
D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer's
invoice cost of all parts and materials (excluding freight and tax), plus percentage indicated in
section 3C of this agreement, that are used in the repair of all county maintained central air
conditioning units. Manufacturer's invoice must accompany all requests for payment for any
part which exceeds $500.00, and may be requested for any part regardless of the cost at the
Agreement 1 July 2011
discretion of the Senior Director of Public Facilities Maintenance, or his designee. All parts and
materials shall be of equal or greater quality as compared to existing parts and materials in use.
On all orders that require shipping or transportation of parts or materials whether the part
is under warranty or not, freight invoices exceeding $500 must accompany requests for payment.
Freight invoices may be requested for any freight charge, regardless of the cost, at the discretion
of the Senior Director, Public Facilities Maintenance, or his designee.
E. 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 written estimate a for replacement equipment in an amount that could
exceed Five Thousand Dollars ($5,000). Any written estimate over $5,000 up to and including
$10,000 must be approved and signed by the Division Director and/or the County Administrator.
Any written estimate over $10,000 up to and including $25,000 must be approved and signed by
the Division Director and the County Administrator.
F. The facilities are located throughout the MIDDLE Keys area. Buildings to be
serviced shall include, but shall not be limited to, the following:
SHERIFF SUB-STATION/TAX COLLECTOR'S OFFICES
3103 Overseas Highway, Marathon
MARATHON COURTHOUSE
3117 Overseas Highway, Marathon
CLERK OF COURT
3117 Overseas Highway, Marathon
PUBLIC WORKS/COUNTY OFFICES
10600 Aviation Boulevard, Marathon
GARAGE FACILITIY and ENGINEERING DEPT.
10600 Aviation Boulevard, Marathon
COMMUNICATONS TRAILER
10600 Aviation Boulevard, Marathon
ANIMAL SHELTER
10550 Aviation Boulevard, Marathon
CONCH KEY FIRE STATION
Overseas Highway, Conch Key
TEMPORARY COURTROOM
MM 48.5 Overseas Highway, Marathon
MARATHON JAIL
3981 OCEAN TERRACE, MARATHON
GEORGE DOLEZAL LIBRARY
3251 Overseas Highway, Marathon
MARATHON GOVERNMENT CENTER ANNEX
490 63rd Street, Ocean, Marathon
MONROE REGIONAL SERVICE CENTER
2798 Overseas Highway, Marathon
Agreement 2 July 2011
RUTH IVINS CENTER
3333 Overseas Highway, Marathon
MARATHON STATE ATTORNEY/PUBLIC DEFENDER
4695 Overseas Highway, Marathon
MEDICAL EXAMINER
56639 Overseas Highway, Crawl Key
3. PAYMENTS TO CONTRACTOR
A. 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 invoice by CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR
and approval by an appropriate COUNTY representative. 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. COUNTY shall pay the actual cost of parts and materials, excluding freight and
tax amounts, purchased from the manufacturer plus 5%to fulfill the obligations of the Contract.
Freight and tax amounts shall be reimbursed for amounts charged. A 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 Senior Director, Public Facilities Maintenance, 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 Senior Director, Public Facilities Maintenance, or his
designee, for any freight charge, regardless of the cost associated (see 2.13.).
D. The cost of labor used by the contractor to fulfill the obligation of the Contract
will be calculated using the unit prices set forth in the Contractor's bid as follows:
Labor— Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays:
$32.50 per hour, mechanic
$48.50 per hour, mechanic plus helper
Overtime rate for hours other than the normal working hours as stated
above, including holidays:
$48.75 per hour, mechanic
$72.75 per hour, mechanic plus helper
Costs must be documented for each repair and/or maintenance job and included with all
Applications for Payment.
E. Freon for recharging systems:
R-22 $10.75 per pound
R-12 $29.70 per pound
R-11 $34.11 per pound
134 A $16.25 per pound
408 A $22.25 per pound
Agreement 3 July 2011
404 A $16.75 per pound
123 $128.88 per pound
Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be
billed as an additional item.
Contractor shall submit all invoices with the Application for Payment form attached.
4. TERM OF AGREEMENT
This Agreement shall commence on October 1, 2011 and ends upon September 30,
2012 unless terminated earlier under paragraph 18 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 shall 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.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
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.
6. 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.
7. 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.
8. 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
Agreement 4 July 2011
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 negligent acts
in part 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 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.
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.
9. 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
Agreement 5 July 2011
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.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor 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, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. 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.
12. 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 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 sub 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.
13. 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,
Agreement 6 July 2011
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.
14. 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.
15. 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.
16. NOTICE REOUIREMENT
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 TEM Environmental & Mechanical Services. Corp
Public Facilities Maintenance ATTN
3583 South Roosevelt Boulevard 31425 SW 202 Avenue
Key West, F1. 33040 Homestead, FL 33030
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
Agreement 7 July 2011
17. 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.
18. TERMINATION
A. 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.
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.
19. 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.
20. 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.
21. 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.
22. 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
Agreement 8 July 2011
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.
23. 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 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
Agreement 9 July 2011
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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
Agreement 10 July 2011
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."
36. 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
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
38. 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.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR 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) BOARD OF OUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONRO O TY, FLOIDA
By: �_ � ._.L' ti n.� By:
Deputy Clerk yor
Date: l- 10 i— i 1 Date: rr" 1---) /- I 1
WITNESSES FOR CONTRACTOR: TEM ENVIRONMENTAL &
MEC : ICAL S;17Z
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Signature of person authorized to
Signature legally bind Corp ration
Date: � '
Date Print Name
Address:
Signature
1 Telephone Number '
Date MO E OUN TT NEY M Environmental &Mechanical
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Services, Corp
31425 SW 202 Ave Homestead,FI 33M
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Agreement ASSISTANT C ORNEY�� 11 temenvironmentalOyahoo.con0y 2011
Date
APPLICATION FOR PAYMENT DETAILS
DATE:
ARRIVAL TIME: DEPARTURE TIME:
LOCATION:
PARTS AND MATERIALS COSTS
ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL
1
2
3
4
5
PARTS &MATERIALS SUB-TOTAL
% INCREASE ON ABOVE PARTS&MATERIALS
FREIGHT CHARGE
TAX CHARGES
PARTS& MATERIALS TOTAL $
FREON COSTS
LBS OF @ PER POUND
FREON TOTAL $
LABOR AND EQUIPMENT COSTS
HOURS @$ SUB-TOTAL $
HOURS @$ SUB-TOTAL $
LABOR& EQUIPMENT TOTAL $
TOTAL $
DESCRIPTION OF WORK
Date Authorized Signature/Title
* Contractor must provide a copy of the Manufacturer's Invoice for parts over$500.00,and may be
required to provide Manufacturer's Invoice for all parts provided. Contractor must provide copy of
freight invoice for transportation/shipping costs over$500.00,and may be required to provide an invoice
for any freight charge, regardless of the cost.
Agreement 12 July 2011