Item C17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 20. 2009
Division: Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact Person:John W. King, 292-4431
AGENDA ITEM WORDING: Approval to exercise the second renewal option to the agreement with
Weathertro1 Maintenance Corp. for the central air conditioning maintenance and repair for the Lower
Keys Facilities.
ITEM BACKGROUND: The agreement between Monroe County and Weathertrol Maintenance
Corp. for the central air conditioning maintenance and repair for the Lower Keys Facilities terminates
July 29, 2009.
PREVIOUS RELEVANT BOCC ACTION: On July 18, 2007, the BOCC awarded bid and
execution of a contract with Weathertro1 Maintenance Corp. for central air conditioning maintenance
and repair for the Lower Keys; on May 21,2008, the BOCC approved a contract amendment increasing
the not to exceed amount from $25,000 to $45,000; on July 16, 2008, the BOCC approved the first
renewal option for this contract; on November 19, 2008, the BOCC approved adding two new
buildings and increasing the contract from $45,000 to $70,000.
CONTRACT/AGREEMENT CHANGES: In accordance with Paragraph 4 of the original
agreement, contract to commence July 30, 2009 and terminate July 29, 2010, costs increase .1%, 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 for the previous year ending December
3], as follows: Labor-mechanic (nonnal working hours) from $93.17 to $93,27, mechaniclhe1per from
$176.45 to $176,63, Labor-mechanic (overtime) from $139.75 to $139.89, mechanic/he1per from
$368.77 to $369.14.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: not to exceed $70.000 INDIRECT COSTS_ BUDGETED: Yes]L No
COST TO COUNTY:
Same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
APPROVED BY: County A# OMBJPurchasing _ Risk Management_
DOCUMENTATION: Incl~ed ----X- Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
April 22, 2009
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W, King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - May 20, 2009 BOCC Meeting
Approval to Renew Agreement - Weathertrol Maintenance Corp.
for Central Air Conditioning Maintenance and Repair for the Lower Keys
The original agreement with Weathertrol provides for two additional one-year options, The parties
hereto want to exercise the second one-year option to renew.
In accordance with Paragraph 4 of the original agreement, the renewal will commence July 30,
2009 and terminate July 29, 2010, costs will increase .1 %, the percentage change in the U.S.
Department of Commerce Consumer Price Index (Cpr-V) for all Vrban Consumers as reported by
the V,S. Bureau of Labor Statistics for the previous year ending December 31, as follows: Labor-
mechanic (normal working hours) from $93.17 to $93.27, mechaniclhelper from $176.45 to
$176.63, Labor-mechanic (overtime) from $139.75 to $139.89, mechaniclhelper from $368,77 to
$369.14.
1 hereby recommend approval to renew the agreement with Weathertrol Maintenance Corp, for the
central air conditioning maintenance and repair for the Lower Keys Facilities..
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Weathertrol Maintenance Contract #_
Corp
Effective Date: July 30, 2009
Expiration Date: July 29,2010
Contract PurposelDescri ption:
2nd contract renewal for central alc maintenance/repair for the Lower Keys facilities
Contract Manager: Jo B. Walters 4549 Facilities Maint / #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on OS/20/09 Agenda Deadline: 05105/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 70,000
Budgeted? Yes[S] No [J Account Codes:
Grant: $
County Match: $
Current Year Portion: $
001-20501-530-340-_
001-20505-530-340-_
po - - -
-----
... ... ... -
----~
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Changes
~~ti In Needed ~ rL~.eViewer
Division Director 0Cl YesD No~ p,
Risk Manag~f\lent.. 1fR-Uj YesD No[2( C)Q . ~
PJiL, I'N "oS .J ~ .;-
O.M,B.fPur~astng 5:l..:Ql YesD NoL::J "\, -rc;zr .
Coo",,,, Attnmey '>>'\ Ye,Cj1 NoD .",fro I\u'-...Jc'
'i'l.-'\. <<'1. IvU C'1.IWG,(j tJ.([J)(t)
Comments: - ~LS.
Date Out
OMB Form Revised 2/27101 Mep #2
AMENDMENT AND 2nd RENEWAL AGREEMENT
CENTRAL AIR CONDITIONING MAINlENANCE AND REPAIR-
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
THIS AGREEMENT hereinafter "AGREEMENT" is made and entered into this
day of , 2009, between MONROE COUNTY (hereinafter "County" or
"Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West FI., 33040 and WEA THERTROL MAINTENANCE CORP. (hereinafter
"Contractor"), a Florida Corporation whose address is 7250 NE 4th Ave., Miami, Florida, 33110.
WHEREAS, the parties hereto did on July 18, 2007 enter in to a Central Air Conditioning
Repair and Maintenance Agreement (hereinafter "Original Agreement"); and
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement amendment
to increase the contract amount from $25,000 to $45,000; and
WHEREAS, the parties hereto did on July 16,2008, enter into a first renewal agreement
of the original agreement, as amended; and
WHEREAS, the parties hereto on November 19,2009 did enter into an agreement to (1)
add two new County facilities; (2) increase the contract amendment from $45,000 to $70,000;
and
WHEREAS, the parties hereto desire to amend Paragraph 2 to claritY language in Item
"E";and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and;
WHEREAS, both parties find that it would be mutually beneficial to enter into this
amendment and 2nd renewal agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. To clarify language Paragraph 2, subsection "E" as follows:
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 proposal/quote for replacement equipment in an amoWlt 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 $25,000 must
be approved and signed by the Division Director and the COWlty Administrator.
2. 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 July 30, 2009 and terminate July 29, 2010; and
the amount shall be adjusted 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 for December of the previous year
of .1 % with monthly payments increasing to the following:
- 1 -
Labor-Normal working hours of8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays:
$
$
93.27
176.63
per hour, mechanic
per hour, mechanic plus helper
Overtime rate for hours other than the normal working hours as stated above,
including holidays:
$
$
139.89
369.14
per hour, mechanic
per hour, mechanic plus helper
2. In all other respects, the original agreement dated July 18,2007, as amended and
renewed, remains in full force and effect.
fN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(SEAL)
A TIEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor
Date
ti~~~
nMj Witnesses
WE7ERTROL MAfN~~;NCE CORP.
BY~)
Title .p/.IL&z,T~~ ~4fd~/&VC~f
Date l..)
.2-
CONTRACT AMENDMENT
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR.-
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
, l THIS ~MENT hereinafter "Amendment" is made and entered into this .f!!. day
of tI~ ,2008, between MONROE COUNTY (hereinafter "County" or "Owner"),
a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West
Fl., 33040 and WEATBERTROL MAINTENANCE CORP. (hereinafter "Contractor"), a
Florida Corporation whose address is 7250 NE 41b Ave., Miami, Florida, 33110.
WHEREAS, the parties hereto did on July 18,2007 enter in to a Central Air Conditioning
Repair and MaintenaDce Agreement (hereinafter "Original Agreement''); and
WHEREAS. the parties hereto did on May 21,2008 enter into an agreement amendment
to increase the contract amount from $25,000 to $45,000; and
WHEREAS, the parties hereto did on July 16, 2008, enter into a first renewal agreement
of the original agreement. as amended; and
WHEREAS, construction of two new County facilities in the Lower Keys has been
completed: those buildings need to be added to Paragraph 2, subparagraph F; and
WHEREAS, the County's central air conditioning repair and maintenance requirements
will surpass the contracts "not to exceed" cap; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and;
WHEREAS, both parties desire to amend the Original Agreement: now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 2, subparagraph F oftbe Original Agreement is amended to read as fol1oWll:
"The facilities are located tbrouahout the Lower Keys area. Buildings to be serviced
shall include, but shall not be limited to. the following:
MONROE COUNTY COURTHOUSE
Jackson Square Complex, 500 Whitehead Street, Key West
MONROE COUNTY COURTHOUSE ANNEX, alkfa JUDGE JEFFERSON
B. BROWNE COURTROOM COMPLEX
Jackson Square Complex, 502 Whitehead Street, Key West
(including 1986 Jail Addition)
J. LANCELOT LESTER JUSTICE BUILDING
INCLUDING CLERK'S RECORDS STORAGE FACILITY
Jackson Square Complex, 530 Whitehead Street, Key West
JUVENILE DETENTION
502 Whitehead Street, Key West
- 1-
KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY)
700 Fleming Street. Key West
GATO BUILDING
1100 Simonton Street, Key West
HARVEY GOVERNMENT CENTER
1200 Truman Avenue, Key West
HARVEY CENTER NUTRITION SITE
1200 Truman Avenue, Key West
TAX COLLECTOR/DMV OFFICES
3439 South Roosevelt Boulevard, Key West
MONROE COUNTY DETENTION FACILITY
5501 College Road, Key West
SHERIFF'S ADMINISTRATION BUILDING
5525 College Road, Key West
STOCK ISLAND FIRE STATION
2nd Street and McDonald Avenue. Stock Island
BAYSHORE MANOR
5200 College Road. Key West
BIG COPPITT FIRE STATION
28 Emerald Drive, Big Coppitt Key
SHERIFF'S SUB-STA nON
us Highway I, Cudjoe Key
FIRE STATION
Key Deer Boulevard, Big Pine Key
BIG PINE OPERATIONS SHOP
Stiglitz Property
South Street, Big Pine Key
BIG PINE KEY LIBRARY (one-story CBS Building)
Big Pine Key Shopping Center. Big Pine Key
TAX COLLECTORlSHERIFF'S OFFICE
Big Pine Key Shopping Center. Big Pine Key
HOUSE AT OLD MARINER'S RESORT
Sands Road at Old Mariner's Resort, Big Pine Key
FREEMAN JUSTICE CENTER
302 Fleming Street, Key West
-2-
BIG PINE KEY PARK COMMUNITY CENTER
31009 Atlantis, Big Pine Key
2. Paragraph 3, subparagraph G of the Agreement is amended to read as follows:
G. "The total contract sum shall not exceed Seventy Thousand and no/loo Dollars
($70,000.00) per year; this amount shall not be exceeded without amendment to the
contract and approval of the Board of County Commissioners."
3. In all other respects. the original agreement dated July 18, 2007. as amended and
renewed, remains in full force and effect.
HEREOF, the parties have hereunto set their hands and seal, the day and year
BOARD OF COUNTY COMMISSIONERS
. KOLHAGE, CLERK / OFMONROE COUNT , LORIDA
~ ,e
ayor
Date
MOV 1 9 2008
-6~
Witnesses
WE~NCECORP.
By ~~ ----/
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IS RENEWAL AGREEMENT
CENTRAL AIR CONDlTIONfNG MAfNTENANCE AND REPAIR ~
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
THIS A DMENT hereinafter "Amendment'. is made and entered into this )V"f.
day of 2008, between MONROE COUNTY (hereinafter "County" or
"Owner"), a lit' 1 subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West Fl., 33040 and WEATHERTROL MAINTENANCE CORP. (hereinafter
"Contractor''), a Florida Corporation whose address is 7250 NE 4111 Ave., Miami, Florida.
3311 0,
WHEREAS, the parties hereto did on July 18, 2007 enter into a Central Air
Conditioning Repair and Maintenance Agreement (hereinafter "Original Agreement~); and
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement
amendment to increase the contract amount from $25,000 to $45,000; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and;
WHEREAS, both parties find that it would be mutually beneficial to enter into this 1st
renewal agreement; now therefore
rN 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 first of the two (2) one-year
terms. This term will commence on July 30,2008 and terminate July 29, 2009;
and the amount shall be adjusted in accordance with the percentage change in
the U.S. Department of Commerce Consumer Price Index (CPI-V) for all Urban
Consumers as reported by the U.S. Bureau of Labor Statistics for the previous
year of 4_1 % with monthly payments increasing to the following
A.I
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Labor-Norma~ work.ing hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays:
$ 93.17 per hour, mechanic
$ 176.45 per hour, mechanic plus helper
'"7G ~o Overtime rate for hours other than the normal work.ing hours as stated
;,~:S~ ahove, including ho(idays:
:~uo
~ ~ $ 139.75
... 0
Q;,: $ 368.77
per hour, mechanic
per hour, mechanic plus helper
2_ In all other respects, the original agreement dated July 18, 2007 and amended
May 21 , 2008 remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(SEAL) . . .C 's.
A 1TE~:r: OANNfL i<:OLHAGE, CLERK
By ~LLDO_Q.. ~~t.4J
Deputy Clerk
Date O~- \l.o-o<9.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 1JJJA1~~
MayOl' Ckarle:s "S".,,~ .. M"CO)
Mo-ri.o bi CS.....~Q.('c.)
WEr:;.RTROL MArNTENANCE CORP.
By ~~
Title ,p/.-&!G;r,1L ~ 8'$~..vI!!it$S
CONTRACT AMENDMENT
CENTRAL AIR CONDmONING MAINTENANCE AND REPAIR-
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
. ,XHIS J\.MENDMENT hereinafter "Amendment" is made and entered into this I~y
of 11671Mt..LJ1/1.-.. 2008, between MONROE COUNTY (hereinafter "County" or "Owner"),
a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West
Fl.. 33040 and WEATHERTROL MAINTENANCE CORP, (hereinafter "Contractor"), a
Florida Corporation whose address is 7250 NE 41b Ave., Miami, Florida, 33110.
WHEREAS, the parties hereto did on July 18, 2007 enter in to a Central Air Conditioning
Repair and Maintenance Agreement (hereinafter "Original Agreement''); and
WHEREAS. the parties hereto did on May 21, 2008 enter into an agreement amendment
to increase the contract amount from $25,000 to $45,000; and
WHEREAS, the parties hereto did on July 16. 2008, enter into a first renewal agreement
of the original agreement, as amended; and
WHEREAS, construction of two new County facilities in the Lower Keys has been
completed; those buildings need to be added to Paragraph 2, subparagraph F; and
WHEREAS, the County's central. air conditioning repair and maintenance requirements
will surpass the contracts ''not to exceed" cap; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and;
WHEREAS, both parties desire to amend the Original. Agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 2, subparagraph F of the Original Agreement is amended to read as follows:
"The facilities are located throughout the Lower Keys area. Buildings to be serviced
shall include. but shall not be limited to, the following:
MONROE COUNTY COURTHOUSE
Jackson Square Complex, 500 Whitehead Street, Key West
MONROE COUNTY COURTHOUSE ANNEX, alkJa .roDGE JEFFERSON
B. BROWNE COURTROOM COMPLEX
Jackson Square Complex, 502 Whitehead Street. Key West
(including 1986 Jail Addition)
J. LANCELOT LESTER JUSTICE BUILDING
INCLUDING CLERKIS RECORDS STORAGE FACILITY
Jackson Square Complex, 530 Whitehead Street, Key West.
JUVENILE DETENTION
502 Whitehead Street, Key West
-1 -
KEY WEST LIBRARY (MAY lULL RUSSELL LIBRARY)
700 Fleming Street, Key West
GATO BUILDING
1100 Simonton Street, Key West
HARVEY GOVERNMENT CENTER
1200 Truman Avenue, Key West
HARVEY CENTER NUTRITION SITE
1200 Truman Avenue, Key West
TAX COLLECl'ORIDMV OFFICES
3439 South Roosevelt Boulevard, Key West
MONROE COUNTY DETENTION FACILITY
5501 College Road. Key West
SHERIFF'S ADMINISTRATION BUILDING
5525 College Road, Key West
STOCK ISLAND FIRE STATION
2nd Street and McDonald Avenue, Stock Island
BAYSHORE MANOR
5200 College Road. Key West
BIG COPPITr FIRE STATION
28 Emerald Drive, Big Coppitt Key
SHERIFF'S SUB-STATION
US Highway I, Cudjoe Key
FIRE STATION
Key Deer Boulevard, Big Pine Key
BIG PINE OPERATIONS SHOP
Stiglitz Property
South Street, Big Pine Key
BIG PINE KEY LIBRARY (one-story CBS Building)
Big Pine Key Shopping Center, Big Pine Key
TAX COLLECTORlSHERlFF'S OFFICE
Big Pine Key Shopping Center, Big Pine Key
HOUSE AT OLD MARINER'S RESORT
Sands Road at Old Mariner's Resort, Big Pine Key
FREEMAN JUSTICE CENTER
302 Fleming Street, Key West
-2-
..... _,. I. ~
BIG PINE KEY PARK COMMUNITY CENTER
31009 Atlantis. Big Pine Key
2. Paragraph 3, subparagraph G of the Agreement is amended to read as follows:
G. ''The total contract sum shall not exceed Seventy Thousand and no/1 00 DoHars
($70,000.00) per year; this amount shall not be exceeded without amendment to the
contract and approval of the Board of County Commissioners."
3. In all other respects, the original agreement dated July 18, 2007, as amended and
renewed, remains in full force and effect.
voz:t
HEREOF, the parties have hereunto set their hands and seal, the day and year
e.
Date NOV 1 9 2008
~1itt~
Witnesses
Date I (). 2. J- 0)/
p~ OF COUNTY COMMISSIONERS
V;;~7'~~
Title 1?/~G)'Z.7I.4... d~ 4p~r--'~sr
-3 -
--oil
CONTRACf AMENDMENT
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR-
LOWER KEYS FAClLITIES, MONROE COUNTY, FLORIDA
MENT hereinafter "Amendment" is made and entered into this ;a/K
day of 2008, between MONROE COUNTY (hereinafter "County" or
"Owner''), a pol' cal subdivision of the State of Plorida, whose address is 1100 Simonton
Street, Key W PI., 33040 and WEATllERTROL MAINTENANCE CORP. (hereinafter
"Contractor"), a Plorida Corporation whose address is 7250 NE 4th Ave., Miami, Florida,
33110.
WHEREAS, the parties hereto did on July 18, 2007 did enter in to a Central Air
Conditioning Repair and Maintenance Agreement (hereinafter "Original Agreement"); and
WHEREAS, under the terms of the Original Agreement the total compensation paid
to the Contractor for repair and maintenance services was not to exceed $25,000; and
WHEREAS, the County's central air conditioning repair and maintenance
requirements will surpass the contracts "not to exceed" cap; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and;'
WHEREAS, both parties desire to amend the Original Agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. Paragraph 2, subparagnph F of the Original Agreement is amended to read as
follows:
"The facilities are located throughout the Lower Keys area. Buildings to be serviced
shall include, but shall not be limited to, the following:
MONROE COUNTY COURTHOUSE ANNEX, aIkIa JUDGE
JEFFERSON B. BROWNE COURTROOM COMPLEX
Jackson Square Complex, 502 Whitehead Street, Key West
(including 1986 Jail Addition)
J. LANCELOT LESTER JUSTICE BUILDING
INCLUDING CLERK'S RECORDS STORAGE FACn..ITY
Jackson Square Complex, 530 Whitehead Street, Key West
JUVENILE DETENTION
502 Whitehead Street, Key West
KEY "WEST LIBRARY (MAY HILL RUSSELL LmRARY)
700 Fleming Street, Key West
GATO BUILDING
1100 Simonton Street, Key West
HARVEY GOVERNMENT CENTER
]200 Truman Avenue, Key West
HARVEY CENTER NUTRITION SITE
1200 Truman Avenue, Key West
TAX COLLECTOR/DMV OFFICES
3439 South Roosevelt Boulevard, Key West
MONROE COUNTY DETENTION FACILITY
5501 College Road, Key West
SHERIFF'S ADMINISTRATION BUILDING
5525 College Road, Key West
STOCK ISLAND FIRE STATION
2nd Street and McDonald Avenue, Stock Island
BAYSHORE MANOR
5200 College Road, Key West .
BIG copprrr FIRE STATION
28 Emerald Drive, Big Coppitt Key
SHERIFF'S SUB-STATION
US Highway 1, Cudjoe Key
FIRE STATION
Key Deer Boulevard, Big Pine Key
BIG PINE OPERATIONS SHOP
Stiglitz Property
South Street, Big Pine Key
BIG PINE KEY LmRARY (one-story CBS Building)
Big Pine Key Shopping Center, Big Pine Key
TAX COLLECTORlSHERIFF'S OmCE
Big Pine Key Shopping Center, Big Pine Key
HOUSE AT OLD MARINER'S RESORT
Sands Road at Old Mariner's Resort, Big Pine Key
2. Paragraph 3, subparagraph G of the original Agreement is amended to read as
follows:
G. "The total contract sum shall not exceed Forty-Five Thousand and nollOO
Dollars ($45,000.00) per year; this amount shall not be exceeded without
amendment to the contract and approval of the Board of County
Commissioners."
.' .
3. Paragraph 4 of the Original Agreement is amended to read as follows:
4. TERM OF AGREEi\1ENT
This Agreement shall commence on July 30, 2007 and tenninates on July 29, 2008,
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 tenns and conditions mutually agreeable to the parties,
exercisable upon written notice given at least 30 days prior to the end of the initial
tenn. 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.
4. In all other respects, the original agreement dated July 18., 2007 remains in full force
~~'.G~~:.ffect.
" ,.s;;'~ . "')!\ WHEREOF, the parties have hereunto set their hands and seal, the day and
/:'/1 c-".., fi . - '\ be
1""[~1'.-' I ~ avo.
l@A~ ."C~,: ~? ;; 1 f)J BOARD OF COUNTY COMMISSIONERS
.\. '\..;; , if L KOLHAGE, CLERK OF MONR OUNTY, FLORIDA
By
Date
:'~E:RP
Title "~,,4 ~~I6U:h'"
ed as to form by:
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAiR
LOWER KEYS FACILITIES. MONROE COUNTY, FLORIDA
COPY
AGREEMENT
FOR CENTRAL AIR CONDITIONING MAINTENANCE
AND REPAIR - LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
This Agreement is made and entered into this 1Ft!.. day of , 2007,
between MONROE COUNTY, FLORIDA ("COUNTY"), a pol lca bdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
WEATHERTROL MAINTENANCE CORP, ("CONTRACTOR"). a Florida
corporation, whose address is 7250 NE 4l!l Avenue, Miami, Florida 33130.
WHEREAS, COUNTY desires to provide central air conditioning maintenance
and repair services to COUNTY Lower Keys Facilities;: and
WHEREAS, CONTRACTOR desires and is able to provide central air
conditioning maintenance and repair services to COUNTY Lower Keys Facilities; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
central air conditioning maintenance and repair services to COUNTY Lower 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 and its exhibits only.
1. SCOPE OF THE WORK
A.
Routine repairs and maintenance of all county maintained central air
conditioning units in the Lower Keys area.
Emergency repairs of all county maintained central air conditioning units
in the Lower 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.
B.
c.
The CONTRACTOR shall have access to a supply of all parts and controls
normally necessary for the emergency repairs of all county maintained
Agreement
May 2007
CENTRAL AIR CONDlJ"IONING MAINTENANCE AND REPAIR
lOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
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, plus percentage
indicated in section 4 of the bid form, 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
discretion of the Senior Director of Public Facilities Maintenance, or his
designee. All parts and materials shall be of equal or greater quatiry 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 a proposal/quote for replacement
equipment in an amount that could exceed Five Thousand Dollars
($5,000). Any proposal over $5,000 must be approved and signed by the
Division Director and/or the County Administrator.
F. The facilities are located throughout the Lower Keys area. Buildings to be
serviced shall include, but shall not be limited to, the following:
JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX
Jackson Square Complex, 500 Whitehead Street, Key West
MONROE COUNTY COURTHOUSE ANNEX
Jackson Square Complex, 510 Whitehead Street, Key West
(including 1986 Iail Addition)
J. LANCELOT LESTER JUSTICE BUILDING
lNCLUDING CLERK'S RECORDS STORAGE FACll..ITY
Jackson Square Complex, 530 Whitehead Street, Key West
JUVENILE DETENTION
500 Whitehead Street, Key West
KEY WEST LffiRARY (MAY Hll..L RUSSELL LIBRARY)
700 Fleming Street, Key West
Agreement
2
May 2007
CENTRAL AIR CONDITIONING MAINTEfllANCE AND REPAIR
LOWER KEYS FACILITIES. MONROE COUNTY, FLORIDA
GATO BUll..DING
ItOO Simonton Street, Key West
HARVEY GOVERNMENT CENTER
1200 Truman Avenue, Key West
HARVEY CENTER NUTRITION SITE
1200 Truman Avenue, Key West
TAX COLLECTORIDMV OFFICES
3439 South Roosevelt Boulevard, Key West
MONROE COUNTY DETENTION FACILITY
5501 College Road, Key West
SHERIFF'S ADMINISTRATION BUILDING
5525 College Road, Key West
STOCK ISLAND FIRE ST A TION
2nd Street and McDonald Avenue, Stock Island
BA YSHORE MANOR
5200 College Road, Key West
BIG copprrr FIRE STATION
28 Emerald Drive, Big Coppitt Key
SHERIFF'S SUB-STATION
US Highway I, Cudjoe Key
FIRE ST AnON
Key Deer Boulevard, Big Pine Key
BIG PlNE OPERATIONS SHOP
Stiglitz Property
South Street, Big Pine Key
BIG PINE KEY LmRARY (one-stot)' CBS Building)
Big Pine Key Snapping Center, Big Pine Key
TAX COLLECTORlSHERlFF'S OFFICE
Big Pine Key Shopping Center, Big Pine Key
HOUSE AT OLD MARINER'S RESORT
Sands Road at Old Mariner's Resort, Big Pine Key
Agreemenl
3
May 2007
CENTRAL AlR CONDITIONING MAJNTENANCE AND REPAIR
LOWER KEYS FACILmeS. MONROE COUNTY. FLOR.IDA
3. P A VMENTS TO CONTRACTOR
A. COUNTY'S perrormance and obligation to pay under this agreement. is
contingent upon annual appropriation by the Board of County Comrnissionen.
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payme[1( will be made after delivery and inspection by
COUNTY and upon submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUN"TY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears.
Acceptability to the Clerk IS based on generally accepted accounting
principles and such Jaws, rules and regulations as may govern the Clerk's
disbunal of funds.
D. The acrual cost of pans and materials pu.rchased from the manufacturer plus
20% to fulfill the obligations of the Contract. A manufacrurer's invoice must
accompany all tequests for payment for any part which exceeds $500.00, and
may be requested at the discretion of the Senior Director, rublic facilities
Maintenance, or his designee, for any p<ll"t, regardless of the cosl Freight
invoices over $500.00 must accompany all orders that requite shipping or
tranSpOrtation of IJ8.l!5 whether the part is under warranty or nol., and may be
relJuested at the discretion of che Senior Director, Public Facilities
Maintenance. or his designee, for any freight charge. regardless of the coSt
associated (see 2.E.).
E. The cOSt of labor used by the contractor to fulfill the obi igation of the
Contract. The labor costs will be calcuJared using the unit prices seC forth in
the Comractor's bid as follows:
Labor - Normal working hours of 8:00 a-m. to 5:00 p.m. Monday through
Frida)', excluding holidays:
$~ per hour, mechanic
$ l69.50 per hour, mechanic plus helper
Overtime rate for hours other than the normal working hours as
Staled above. including holidays:
$ 13425 per hour, mechanic
$ 35425 per hour, mechaniC plus helper
Such costs musC be documented for each repair and/or maintenance job and
included wLth all Applications for Payment.
Aqreel7lent
4
May 2007
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOlNER KEYS FACILITIES, MONROE COUN1'/', FLORIDA
F. Freon for recharging systems;
R-22 $8.00 per pound
R.12 $60.00 per pound
R-Il $70.00 per pound
134 A $18.00 per pound
408 A $35.00 per pound
404 A 525.00 per pound
123 $22.20 per pound
Materials: Supplies and Replacement PartS: Manufaccurer's fnvoice plus 20"10.
rreon evacuation and disposal shall be a part of the Contractor's rate. and
shall not be billed as an additional item.
The Conuacwl' shall submit witJI all invoices the Application for Payment
fol'''' attached.
G. Total Compensation to CONTRACTOR under this Agreement shall not
exceed TWENTY.FlVE THOUSAND ANTI NO(IOO DOLLARS
($25,000.00) unless pre-approved emergency work requinng additional funds
is implemented.
H. Expenses for travel. lodging, per diem and ocher authorized expenses shall be
paid pursuant to Florida Statute 112.061 and Monroe County Ordinance.
4. TERM OF A.GREEMENT
This Agreement shall commence on July 30, 2007, and ends upon July 29. 2008, 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 mUtlUllly agreeable to the parries. exercisable
upon written notice given at least 30 days prior to the end of the initial tenn. Unless the
context clearly indicates otherwise. references to the '1erm~ of this Agreement shall mean
the initi.a.1 term of two (2) years.
The Contract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CP[.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 D~mber 31 of the previous year.
Agreemenl
5
May 2QQ7
CENTRAL AIR CONOfTJONING WlINTHIANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNT'!', FLORIDA
5. ACCEPTANCE OFCONDmONS BY COllrfRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement.
appropriate licenses. Proof of such licenses shall be submitted to the COUNlY' upon
execution of this AgreemenL
6. fL'iANClAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books. w;ords, 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 r.erm of the Agreement and
for follf years following the termination of this Agreement. ff an auditor employed by the
COUNTY or Clerk determine<> that monies paid to CONTRACfOR pursuant to trus
Agreement were spent for purposes not authorized by this Agreement. the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.0J, FS, running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
The COliNTY 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 HA.RJ\U.ESS AND INSl1R.ANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless M.onroe County
Board of Councy Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of. in connection with. or by reason of services provided by CONTRACTOR
occasioned by the negligence. errors, or other WTOngful act of omission of
CONTRACTOR., its employees, or agents.
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
thlS agreement.
Prior to execution of this agreement. CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
"-<lraemenl
B
May 200 7
CENTRAL AIR CONDITIONING MAlNTENANCE AND REPAIR
LOWER KEYS FACilITIES, MONROE COUNTY, FLORIDA
WORKERS COMPENSATION AND EMPLOYER'S UABILTlY fNSURANCE
Where applicable. coverage to apply fOf all employees at a minimum statutory limits as
required by E'lorida Law,
COtvfPREHENSIVE AUTOMOB(LE VEHICLE UAfHLlTY rNSURANCE, Mocer
vehicle liability insurance, including applicable no-fault coverage. with limits of liability
of nor less than $100000,00 per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability Coverage shaH include all owned vehicles. all
non-o"-ned vehicles, and all hired vehlcles,
COMMERCLAL GENERAL LIABILITY Commercial general liability coverage with
limits of liability of not less than $JOO 000,00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability,
In additioll, the Contractor shall obtain Employers' Llability Insurance with limits of not
less than $100,000 Bodily Injury by Accident, $500,000 Bodily (njury by Disease, policy
limits, $100,000 Bodily Injury by Disease, each employee
All coverages shall be provided.
CERTIHCA TES OF rNSURANCE. 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, [f requested by the CounIy Administrator.
the insurance coverage shall be primary insurance with respect to the COUNTY, its
officials, employees. agents and volumeers,
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 2&6.28, 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 elCtent of
liability coverage, nor shall any Agreement entered into by the COlJt-,'TY be required to
contain any provision for waiver,
HI. lNDEPENDENT CONTRACTOR,
At all limes and for all purposes under this agreement CONTRACTOR is an independent
and nO! an employee of the Board of COUl'ITY Commissioners of Monroe CO lTNTY ,
No swement 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.
Af,jn>emenl
7
May 2007
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNTY. FLORIDA
II. NONDISCRIMINATI~
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is eltpressly understood that upon a determination by a court of competenr
jurisdiction that discrimination has occurred, this Agreemem automatically terminates
without any further action on the part of any party, effective the da1e of the court order.
COUNTY or CONTRACTOR agree to comply with all rederal and Florida statUtes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: I) 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 DC of the Education
Amendment of 1972, as amended (20 USC ss. \681-l683, 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 55. 6101-6107)
which prohibits discTiminat.ion on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscriminat.ion on the
basis of drug abuse: 6) The CDmprehensive 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, 5.5. 523 and 527 (42 USC 55. 690dd-3 and 290ee-3), as amended,
relaring to confidentiality of alcohol and drug abuse patienl records; 8) Title VUI of the
Civil Rights Act of ['168 (42 USC s. er seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 use ;. 1201 Nore), as maybe amended from rime to rime, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions
in any Federal or stare statures which may apply to COUNTY and CONTRACTOR to. or
the subject maner 0[, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract itS obligations under thi:; agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approvaJ shaJI be subjecI
to such conditio[l$ and provisions as the Board may deem necessary. This paragraph shall
be incorporared 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.
lJ. COMPLIANCE WITH LAW AND LICENSE REOUlREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and Stale government. ordinances, rules and reguiations
pertaining 10, or regulating the provisions of, such services. including those now in effecI
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigra.tion laws of the Federal and State government. Any violation of said SUtUles.
Agreement
8
May 2007
CENTRAL AIR CONDITlONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES. MONROE COUNTY. FLORIDA
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 (0 perfonn work in accordance with these specificarions throughour rhe
term afthis Agreement.
14. DISCLOSURE AND CONFLICT OF lNTEREST
CONTRACTOR represents that it, its directors, principles and employees. presently have
no interest and shall acquire no interest, either direct or indirect, which would coni1ict iI1
any manner with lhe performance of services required by this contract, as provided in
Sect. 112.31 \, el seq., Florida Statutes. COUNTY agrees that officers and employees of
the COUNTY recognize and will be required to comply with the SWldards of conduct for
public officers and employees as delineated in Section l12.3 t 3, florida Statutes,
regarding, but nor 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 informarion.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, wpervises, or requires for cOLmseling.. assistance. evaluation. or treatment.
This provision shal! apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
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 sollcit 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 t:h.e 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 wanants and represents that ir has no obligation
or lndebtedness that would impair its ability to fulfill the terms of this contracr.
<<Q"'~m.nt
9
May 2C07
CENTRAL AIR CONDITIONING MAINTEIIlANCE AND REPAIR
LOWER KEYS FACIUTlES, MONROE COUNTY, FLORIDA
16. NOTICE REQUIREMENT
Any notice required or permined under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail. returned receip:l
requested, to the following:
FOR COUNTY:
Monroe County
Public Facilities Maintenance
3583 South Roosevelt Boulevard
Key West, FL 33040
FOR CONTRACTO R:
WealhertroJ Majnlenanc~orp.
Attention: Av,OPJO TON7j 'pffRc- Z.
7250 NE 4!h Avenue
Miam~ Florida 33138
17. TAXES
COUNTY is exempr from payment of Florida State Sales and Use taxes.
COl'.'TRlI.CTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppliers for materials used (Q fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use [he 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 agreemenL
18. TER.t\1JNATION
A. The COUNTY may terminate this Agreement with or without cause prior to
the beginning of the manufacOlre of the furnishings.
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 panies herew may cancel this agreement without cause by giving
the other party si:<ry (60) days 'mitten notice of its intention w do so.
19. GOVERNING LAW. VENUE. INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and constrUC:d in accordance with the laws of the
State of Florida applicable to Agreements made and w be performed entirely in the State.
In the event that any cause of action or administrative proceedin.g is instiwted for the
enforcement or interpretation of this Agreemen.t. the COUNTY and CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County. Florida.
Agreeme11l
10
May 2007
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
lOWER KEYS FACilITIES, MONROE COUNTY. FLORIDA
20. MEOlA TlON
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a tenn 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.
:n. 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 tenn.
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 fees and attorney's fees, in appellate proceedings. Each party
agrees to pay its own court costs, investigative, and out-of-pock.et expenses whether it is
the prevailing party or not, through all levels of the court system.
23. -\DJUDICATION OF DISPUTES OR DISAGREEMENTS
COL "NTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
eOl-my and CONTRACTOR. If no resolution can be agreed upon within 30 days
a.fter 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 eOuN'TY 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, perfonnance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
Allreetllllnl
11
May 2001
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
pal1)i, in all proceedings, bearings, processes. meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
eOL 'NTY 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 rerms, covenants., conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representati ves. successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the e1!:ecution, delivery and
performance of this Agreement have been duly authorized by all necessary COlJ1'.l"TY
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 slate 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 IMMUNlTIES
All of the privileges and immunities from liability, eKemptions 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 CO UNTY .
29. LEGAL OBUGATlONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entit)- 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 COlJNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
Agreement
12
May 2007
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
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 auth.ority 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. ATTEST A TIONS
COr-;TRACTOR agrees to ex:ecute 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
rc:garded as an original. all of which talcc:n together shall constitute one and the same
instrument and any of COUNTY and CONTRACTOR hereto may execute this
Agreement by singing any such counterpart.
34. SECTION HEADINGS
Section h.eadings have been inserted in this Agreement as a matter of convenience oforc:ference 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.
Agreement
13
May :ro07
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
IN WITh'ESS 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C~UNT~
By: ~A1
~~~r Mario D.Mt"fT Z007
of on authorized to
C7oratio7
t 2-q ~ 7
,
/..{( ()~ d&lfJ'A
Print Name
Address: 7':?J'b ~ 4Mr'
11(.4(,.(.(. Ii. 33,.3'
Telephone Number
gpr 90; I(!)~ (I /. l-,p I
Date
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Agr&llmanl
14
May 2007
CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNTY. FLORIDA
APPLlCA nON FOR PA VMENT DETAILS
DATE:
ARRIVAL TIME:
DEPARTURE TIME:
LOCA T10N;~
PARTS AND MATERIALS COSTS ·
ITEM DESCRIPTION
UNIT PRICE
QUANTITY
SUB-TOTAL
2
3
4
5
PARTS & MATERIALS SUB- TOTAL
_% rNCREASE
PARTS &: MATERIALS TOTAL
_LBSOF_@
FREON TOTAL
FREON COSTS
PER POUND
LABOR AND EQUIPMENT COSTS
HOURS @
LABOR & EQUIPMENT TOTAL
TOTAL
DESCRIPTION OF
WORK
Date
Authorized Signature I Title
Conlractor must provide a copy of me Manufacturer's I "voice for parts over $500.00, and may be
required. to provide Manufacturer's Invoice for all parts provided. ConlnCtOr must provide copy of freiaht 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
15
May 2001
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