Item D24
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16. 2006
Division:
Public Works
Bulk Item: Yes ~
No
Department: Facilities Maintenance
Staff Contact Person:
John W. King
AGENDA ITEM WORDING: Approval of a Consent to Assignment of the month-to-month
maintenance agreement for the two centrifugal chillers at Jackson Square from York International to
Johnson Controls
ITEM BACKGROUND: On April 30, 2005, the contract with York International expired and the
contract was amended to a month-to-month basis. On December 9, 2005, Johnson Controls acquired
York International.
PREVIOUS RELEVANT BOCC ACTION: On March 20, 2002, the BOCC approved a
Preventative Maintenance Agreement with York International for the York Centrifugal Chiller and
associated cooling tower at Jackson Square. On April 16, 2003, the BOCC approved a renewal
agreement with an increase in price based on the terms of the agreement. On March 17, 2004, the
BOCC approved a renewal agreement for one centrifugal chiller and cooling tower, and approval to
add the second and newest centrifugal chiller to the agreement. On April 30, 2005, the contract was
amended to a month-to-month status.
CONTRACT/AGREEMENT CHANGES: Assignment of contract dated April 20, 2005, from York
International Corporation to Johnson Controls.
STAFF RECOMMENDATIONS: ApprovaL
TOTAL COST: $
BUDGETED: Yes ~ No
COST TO COUNTY: $
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _Risk Management
DIVISION DIRECTOR APPROVAL:
(j)ent Pierce
DOCUMENTATION:
Included -1L
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2105
MEMORANDUM
DATE:
July 26, 2006
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sf. Director
Lower Keys Operations
RE:
Agenda Item ~ August 16, 2006 BOCC Meeting
Key Largo - York/Johnson
On March 20, 2002, the BOCC approved to enter into a Preventative Maintenance
Agreement with York International for the York Centrifugal Chiller and associated cooling
tower at Jackson Square. On April 16, 2003, the BOCC approved a renewal of the
agreement with an increase in price based on the terms of the agreement. On March 17,
2004, the BOCC approved to renew the Agreement for one centrifugal chiller and cooling
tower, and approval to add the second and newest centrifugal chiller to the agreement. On
April 30, 2005, the contract was amended to a month-to-month status.
On April 30, 2005, the contract with York International expired and the contract was
amended to a month-to-month basis. We were recently notified that Johnson Controls had
acquired York International on December 9, 2005, and now owns 100% of the stock of
York International.
I hereby request approval of the Consent to Assignment of the full maintenance agreement
with York International, on a month to month basis, for the two centrifugal chillers at
Jackson Square.
JWKJjbw
Enclosures
06HNSON
CONTR~LS
Shared Service Center
Building Efficiency
507 East Michigan Street
Milwaukee, WI 53201
July 1,2006
Dear Johnson Controls/York International Customer,
Johnson Controls acquired York International on December 9,2005 and now owns 100% of the stock of
York InternationaL Yark International is an operating entity with billions of dollars of assets and will
continue to have operations for years into the future. However, Johnson Controls is in the process of a
reorganization of its Building Efficiency business ~ part of which involved the distribution of the York
International Service business to Johnson Controls. The York International Service business (including
York International Service employees) and the Johnson Controls Service business arc now one in the
Johnson Controls legal entity. There has been no name change of any entity.
Customers who purchase services will do so from Jonnson Controls going forward and will rcceive invoices
from Johnson Controls. Customers who purchase equipment and parts will continue to do so from York
Intemational and will receive invoices from York International.
As appropriate, please make payment to the entity atid lockbox address on your invoices:
Johnson Controls:
FederallD I/- 39-0300 I 0
DUNS II 00-609-2860
York International:
Federal ID if 13-347-3472
DUNS II 19-656-1252
If you have any questions regarding billing or payment issues please contact thc JCI Shared Service Center
at 1-800-382-2804 and choosc the appropriate selection for your needs.
If you have any questions regarding sales or job/work progress issues please contact yom local JCflY ark
location.
We truly appreciate your busincss and look forward to continuing to provide you the very best in services,
products and parts.
Sincerely,
llZ~f C
fi~llIl P. Mu
VI> & GM . N "th America Service & Solutions
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: York International Contract # -
-
Effective Date:
Expiration Date:
Contract Purpose/Description:
Consent of assignment of contract with York International Corporation to Jolmson
Controls for a full maintenance agreement for Jackson Square centrifugal chiller and cooling
tower
Contract Manager: JoB. Walters 4549 Facilities MaintJStop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 08/16/06 Agenda Deadline: 08/01/06
CONTRACT COSTS /J / iO>.L
~-'~ ~~ ~A:lar';/; heuJ
Total Dollar Value of Contract: $~' Curre11t Yeartportion: $ CLd~ /
Budgeted? YesD No D Account Codes: _ _ _-_-_ ~
Grant: $ _-_-_-_-_
County Match: $ _-_-_-_-_
- - - -
- - - -- ...............
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Needed
YesDNoD
YesD No~YI <
Date Out
Date In
{hvie1f2 (
/1 ~
<~ 00
c_) .>'
Risk Manage~~nt&,\\/{UoDb
O~B.lPurchas~l _
County Attorney , ptf,;6w
Comments:
OMB Form Revised 2/27/0 1 Mep #2
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this _ day of ,2006, by
and between Monroe County, a political subdivision of the State of Florida, hereafter County,
YORK. INTERNA TIONAL CORPORATION, Assignor, and JOHNSON CONTROLS, INC.,
Assignee, the parties agreeing as follows:
1. By a change of ownership effective December 9,2005 from Assignor to Assignee, the
Assignor assigned to Assignee all the Assignor's rights, title and interest in the
original agreement dated April 20, 2005.
2. In consideration for such consent, the Assignee agrees to be bound by all the terms
and conditions of the original agreement, as amended above to provide for payment to
be made to the assignee.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
Mayor/Chairman
Witnesses:
JOHNSON CONTROLS, INC., ASSIGNEE
By:
Witnesses:
YORK INTERNATIONAL CORPORATION,
ASSIGNOR
By:
~-
CONTRACT
THIS AGREEMENT, made and entered into this 20th day of April, 2005, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"),
and Yark International Corporation (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as
follow:
1. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a
part, consists of the contract documents, as specified in paragraph 2.
2. 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, and all required insurance documentation.
3. SCOPE OF THE WORK
The Contractor shall provide a full maintenance program as described in Exhibit
A, entitled "York Maintenance Agreement" for Jackson Square - Monroe County
and dated March 3, 2005, incorporated herein by reference. The specifications
contained therein shall serve as minimum contract standards, and shall be the
basis of inspection and acceptance of all of the work under this agreement.
4. THECONTRACTSUM
The County shall pay to the Contractor for the faithful performance of said
service on a per month basis in each of twelve months.
The Contractor shall invoice the County monthly for preventive maintenance
services performed under the specifications contained herein. The Contract
amount shall be as stated by the contractors proposal as follows: $17,376.00 per
year, $1,448.00 per month.
5. 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. The passing, approval, and/or acceptance by the Owner of any of the maintenance
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.
6. TERMOFCONTRACTffiENEWAL
A. This contract shall be on a month to month basis commencing May 1. 2005.
7. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold hannless Monroe
County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injUIY, 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.
8. INPEPENDENT 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.
9. ASSURANCE AGAINST DISCRIMINATION
2
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.
10. 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 ail 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.
11. 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.
12. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the contractor shall furnish to the Owner Certificates of Insurance
indicating the minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person; $300,000 per Occurrence; and $50,000 Property
Damage.
3
An Occurrence Form policy is preferred. If coverage is provided on a
Claims Made Policy, its provisions should include coverage for claims filed
on or after the effective date of this contract. In addition, the period for which
claims may be reported should extend for a minimum of twdve months
following the acceptance of work by the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person; $100,000 per Occurrence; and $25,000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MUST BE NAMED AS ADDITIONAL INSURED.
C. Workers Compensation - limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an
authorized self-insurer, the COWlty shall recognize and honor the Contractor's
status. The Contractor may be required to submit a Letter of Authorization
issued by the Department of Labor and Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the contractor may be required to
submit updated financial statements from the fund upon request from the
County.
13. FUNDING AVAILABILITY
4
In the event that funds from Facilities Maintenance Contractual Services are
partially reduced or carmat 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.
14. 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
andlor licensure of contractor.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
York International Coporation
15712 SW 41 st Street STE. 10
Davie, FL 3333 I
16. CANCELLATION
A) In the event that the contractor shall be found to be negligent in any aspect
of plant operation maintenance, repair, or service, the County shall have
the right to terminate this agreement after five days written notification to
the Contractor.
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.
17. GOVERNING LAWS
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 contracts made and to be performed entirely in the State.
5
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and contractor
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretation 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.
18. RECORD KEEPING
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.
19. 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.
20. ATTORNEY'S FEES AND COSTS
The 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, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
6
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. 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. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
22. 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.
23. CLAIl\1S 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.
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 the parties. 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 public
meeting of the Board of County Commissioners. lfthe issue or issues are still not
resolved to the satisfaction of the parties, 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. NONDISCRIMINATION
7
County and Contractor agree 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. County or Contractor agree 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 patent
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 NoteO, 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 the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age.
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
28. CODE OF ETHICS
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 Statues, 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.
8
29. NO SOLICITATION/PAYMENT
The 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.
30. PUBLIC ACCESS
The County and Contractor shall anow 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 Statues, 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.
31. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statues, the participation
of the County and the 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 contract entered into
by the County be required to contain any provision for waiver.
32. 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 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.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. 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
9
extent of actual and timely performance thereof by and participating entity, in
which case the perfonnance 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.
34. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
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 infonn, 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.
35. 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.
36. 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.
37. EXECUTION ON 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 any of the parties hereto may execute this Agreement by signing
any such counterpart.
38. SECTION HEADINGS
10
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
Agreemem.
39. CONTINGENCY STATDDNT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe county Board of County
COJml"IIissioners.
IN WITNESS WHEREOF the parties hereto haw executed this Agreement on the day and
dtio]i~:written above in four (4) counterparts. each of which shall, without proof or
'~fof.1he other COWlterpar1s., be deemed an original contract
. - _ v . .
f.-: ~j " ,
>', " .
BOARD OF COUNlY
OF MONROE COUNlY, FLOIDA
&(Y---..1~
Clerk
By: ~~# >n ~k~/
MayorICbaimian
Date..
/J_. . . '.J ~....... of('
.~_ _..:..L_....,.....~..___.__
(SEAL)
Attest:
~~-
T~T S'A. ",iJ>"-=..
By: '-_ 7Zz_.d~
WITNESS
Title: _tk-.~~tffi_. MlitJltCi~
CON'I'.RACTOB.
YORK INTERNATIONAL CORP.
By.~~--_.
Tide: Ac.(",i;>)JJT. MM~~
3: .
o ~
:z: .....
z
. ::Oo;z:.
~. Or- .
i'?'. ~....
(')4 r-
0(") .
c:---
MONROE COUNTY ATTORNEY ~?Do
~ :<~~
.,,0 >
r- c:>
ZANNE A. ON ,..,. .-.,
A8SlsrAN:4q~:J;!; AITQFlNEY
Date ..; .' z.J;:F _
"""a
X
. &"
-,
~.
.~
01 -:'1
t.n _
:J: rr1
~ CJ
N -rt
.r:- 0
:::0
:::0
fTl
n
o
:::0
D
11
11
EXHIBIT A
~YORK@
Maintenance Agreement
Customer Name:
Customer Address:
Equipment Address:
Name:
Title:
Date:
Jackson Square~Monroe County
500 Whitehead Road
Key West, FL
FULL. MAINTENANCE CONTRACT
Entire Chiller Plant
Same as Above
York International Representative
Ben Bigio
Area Supervisor
March 3, 2005
13
FULL-MAINTENANCE PROGRAM
YORK will provide a complete program of preventive maintenance on the systems
and equipment listed in "Schedule A ". To maintain the equipment in good working
order, factory-trained technicians will perform all preventive maintenance tasks In
accordance with the guidelines issued by YORK engineering or other
manufacturers.
This maintenance program meets the manufacturer's requirements to properly maintain
and service your equipment. All work will be performed during normal YORK workinQ
hours unless otherwise indicated in the supplemental service section of this Agreement.
The Annual Preventive Maintenance program includes Five Operating inspections and
ONE annual shut-down preventive maintenance to evaluate equipment status and
brush clean condenser tubes. We will also perform oil change, and other functions, as per
YORK guidelines, preparing the units for the next cooling season. Also, YORK will
provide a written report of findings, corrective actions, and recommendations following
each visit. A list of recommended spare parts will be provided.
SUPPLEMENTAL SERVICES
Incl uded
Not Included
A. Total Service Coverage-provides all parts and labor required to keep
the equipment listed in "Schedule A" in proper operating condition. This X
level of service offers the maximum protection against unpredictable repair
expenditures, as well as ensures reliability and efficiency.
B. Around-the-Clock Emergency Service. 7 DayslWeek- YORK X
technicians will respond to ensure proper and reliable operation of items as
listed and designated in "Schedule A ". 24 hours a day- 7 days a week
(including holidays).
c. Inspections-In the preventive maintenance program described above, X
YORK will perform Five inspections/year and ONE annual shutdown
inspection on the equipment covered by this agreement.
D. Refrigerant Conservation Services- YORK Certified Technicians will
perform additional leak detection activities and other services, including the X
use of storage and recycling equipment, in order to ensure compliance with
the Clean Air Act and other state and local regulations on aU items containing
CFC and HCFC refrigerants listed in "Schedule A ". York will cover UP to
10% of the refrigerant charoe annuallv on each piece of equipment listed.
14
PRICING AND PAYMENT
The annual price of this Agreement for the Jackson Square Chiller Plant shall be as follows:
Year 1: $ 17,376.00 and is payable monthly at $ 1,448.00 upon receipt of the invoice.
Year 2: $ 18,444.00 and is payable monthly at $ 1,537.00 upon receipt of the invoice.
Year 3: $ 19,188.00 and is payable monthly at $ 1.599.00 upon receipt of the invoice.
SPECIAL CONDITIONS
1. A discount of 10% off standard rates will be applied for all work performed outside of this agreement.
2. Eddy Current Testing is not part of this agreement but is recommended every (2) years for Condensers
and every (3) years for the Evaporators.
3. 10% of the refrigerant charge is included on an annual basis
TERMS AND CONDITIONS
This Agreement is subject to the terms and conditions on the back of this page.
~
Customer Name: Jackson Square
Offered by YORK International, Representative
Name: Benjamin Bigio
Title: Area Supervisor
Date: March 3, 2005
Address: Key West, FL
)C....
Accepted By
Name:
Title:
Date:
15
SCHEDULE A
EQUIP:MENT INCLUDED IN TIDS AGREEMENT
EQUIPMENT TYPE QTY. MODEL # NOTES
MANUFACTURER
COOLING TOWERS 2
CONDERSER WATER 2 15 HP
PUMPS
CHILLED WATER PUMPS 2 15 HP
FRESH AIR AHU 1 15 TON
CENTRIFUGAL CHILLER 2 YORK YTG1A3B2 217 TONS
16
Annual Preventive Maintenance
& Inspection Program for Chillers
The following tasks are performed once a year during a shutdown period in order to
properly evaluate your equipment status and prepare your unit for the next cooling
season:
1. Checking the Compressor-Motor Assembly for the following items and performing
PM tasks as indicated:
· Recording Voltages and Amperes
. Meging and recording motor winding resistance
. Lubricating open motor
· Checking the aligrnnent on open motor drive units
· Checking the coupling
. Checking seals
· Checking inlet vane operator and linkage; Lubricating where required
2. Checking the Compressor Oil System for the following items:
· Conducting analysis on oil at an independent laboratory
· Changing oil on Centrifugal units based on oil analysis results, oil filter and dryer on
all units.
· Checking oil pump, seal and motor
. Checking heater and thermostat
· Checking all other oil system components including cooler, strainer and solenoid
valve where applicable.
3. Checking Motor Starter and performing the following tasks:
. Running diagnostic check
· Cleaning contacts or recommending replacement
. Checking linkage
. Meging motor
· Checking all terminals and tightening connections
· Checking overloads, and calibrating
· Cleaning or replacing air filter where required
· Dry running starter (or before start-up); checking status lights
4. Review the New Graphic Control Panel for the following items:
· Running diagnostic check of Micro Control Panel
· Checking safety shutdown operation
· Checking all terminals and tightening connections
· Checking Display Data accuracy and set points
17
5. For Centrifugal Chillers: Reviewing the Purge Unit for the following items:
. Inspecting the operation of the unit
. Changing oil
. Cleaning the sight glasses
· Cleaning orifice in the liquid feedline to coil
. Cleaning the foul gas strainer
. Cleaning solenoid valves
· Cleaning purge drum, checking and cleaning float valves; replacing gaskets as
necessary
. Checking heater operation
· Checking all other components for proper condition and operation; recording pressure
control set point
6. Checking the Condenser for the following items:
· Checking the water flow
. Checking flow switch operation
. Removing condenser head and inspecting end sheets
· Mechanically brush cleaning condenser water tubes to be performed by YORK
personnel.
7. Checking the Cooler for the following items:
. Checking water flow
. Checking flow switch operation
. Checking refrigerant level
8. Checking the System for the following items:
· Conducting a leak check and identifying leak sources
. Adding refrigerant is not included
. Recording condition of sight glasses
· Checking the refrigerant cycle to verify the proper operating balance
· Checking condenser water and chilled water heat transfer
9. General items included:
· Repairing insulation removed for inspection and maintenance procedures
· Cleaning equipment and surrounding area upon completion of work
· Consulting with the operator
· Reporting deficiencies and repairs required
18
OPERATING SEASON INSPECTIONS (Performed During Routine Inspection)
The following inspection items ensure your unit is operating reliably and efficiently
through the cooling season.
1. Inspecting chiller and adjusting safety controls
2. Checking purge operation
3. Checking operation of controls
4. Checking oil and refrigerant levels
5. Checking operation oflube system
6. Checking the oil return system
7. Checking operation of motor and starter
8. Recording operating conditions
9. Checking log and reviewing chiller and system operation with operator
10. Conducting routine maintenance as recommended and required
11. Logging and reporting repairs and parts that are required
19
Annual Preventive Maintenance
& Inspection Program for Cooling Towers
A. The Annual Equipment Shutdown Inspection and PM
The following tasks are performed once each year during a shutdown period in order to properly
evaluate your equipment status and prepare you unit for the next cooling season:
1. Inspecting the general condition of unit
2. Cleaning debris from unit
3. Cleaning and flushing sump
4. Cleaning sump strainer
5. Checking and adjusting sump water level
6. Inspecting heat transfer section and reporting on condition
7. Inspecting spray nozzles or water distribution pans
8. Checking and adjusting fan belt tension (if applicable)
9. Checking unit for unusual noise or vibration
10. Checking fan bearing locking collars
11. Checking motor voltage and current
12. Lubricating fan shaft bearings (if applicable)
13. Lubricating motor base adjusting screw
14. Checking fan for rotation without obstruction
15. Checking fan and pump motor for proper rotation
16. Inspecting gear box oil for water and other foreign materials
B. Operating Season Inspections (Performed During Routine Inspection)
The following inspection items ensure your unit is operating reliably and efficiently
through the cooling season.
1. Inspecting the general condition of unit
2. Cleaning debris from unit
3. Cleaning sump strainer
4. Checking and adjusting sump water level
5. Inspecting heat transfer section and reporting on condition
6. Inspecting spray nozzles or water distribution pans
7. Checking and adjusting fan belt tension
8. Checking unit for unusual noise or vibration
9. Observing oil level in gear box and adding when necessary (if applicable)
10. Lubricating fan shaft bearings (if applicable)
20
Annual Preventive Maintenance &
Inspection Program for HV AC System Water Pumps
A. Operating Inspection (Performed During Routine Inspection)
1. Starting pumps and verifying proper operation
2. Measuring pressure drops with the system to verify proper operation, if
gauges are available
3. Inspecting motor - pump coupling connections
B. Annual Shutdown Inspection
1. Checking and cleaning pump strainers if isolation valves are installed and
working properly
2. Greasing motor bearings
3. Inspecting coupling connections for condition and proper operation
21
ANNUAL PREVENTIVE MAINTENANCE &
INSPECTION
FOR AIR HANDLING EQUIPMENT
A. Season Start-Up Preparation and Annual Inspection
The following tasks prepare your equipment for cooling duty ~ith reliability,
safety and efficiency:
1. Verifying the integrity of all flexible duct connections to the unit
2. Checking amps and volts of the fan motor
3. Checking the operation of motor starters
4. Inspection the cabinet for air/water leaks
5. Observing the integrity of insulation
6. Verifying damper operation
7. Inspect the coil area including coil fans, clean coils during regular working
hours.
8. In heating applications, checking the operation of heating mechanisms and
safety
9. Verifying the overall operation of the unit and discussing operating
experience with customer personnel
B. Operating Season Inspections
The following inspection items ensure your unit is operating reliably and
efficiently:
1. Inspecting the spring isolators for proper tension and unit float
2. Verifying that flexible duct connections are intact
3. Checking fans for excessive vibration
4. Checking magnetic starter operation (if applicable)
5. Inspecting belts and pulleys during operation
6. Verifying the tightness of motor mounts
7. Inspecting cabinets for air and water leaks
8. Inspecting the condition of air filters
9. Checking water or steam coils for cleanliness (if applicable)
10. Checking the operation of electric or gas-fired heating units
II. Checking the inlet screens for cleanliness and blockages
22