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Item C07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 16, 2008 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person:John W. King, 292-4431 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Mowrey Elevator Service, Inc. doing business as Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County. ITEM BACKGROUND: Mowrey Elevator Service d/b/a Oracle Elevator was the only bidder at the bid opening held on November 13, 2007; they have provided elevator service under contract with the County for many years. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATIONS: Approval TOTAL COST: $28,512.00 per Year service rnaint. BUDGETED: Yes X No _ $5,400.00 per year annual inspections Repairs: Regular Hours $136.00; OT $231.00 Parts: Cost + 30% COST TO COUNTY: same SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH $ Year $ C APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # M E M O R A N D U M DATE: November 30, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item Award Bid and Execute a Contract with Mowrey Elevator Service, Inc. d/b/a Oracle Elevator Company of Florida for Complete Elevator Service Maintenance, Monroe County On November 15, 2006, the BOCC approved the last renewal option with Mowrey Elevator, Inc. This renewal terminated November 21, 2007. The County put the contract out to bid on November 13, 2007 with one bid being submitted from Oracle Elevator Company owned by Mowrey Elevator Service, Inc., a Florida corporation. I hereby request approval to award bid and execute a contract with Mowrey Elevator Service, Inc., doing business as Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County. JWK/jbw Enclosures d 0 d LL uw z u � 2 0 o av 78CT s . p ou��ic� d �� CL Z L L O E {. Lu M 0 o-=o 6°' _ I— ! oC a 0 LL ¢ M O 4 L u ui 0 V co0. 04 4A- 0 0 W �Oui N �N W Z NmM �fl N o -0 V Z M ZZO ` W Z a c g' d z U) a YL LL TO 0 o&m W u o ■. v co O m z W H IAW - t_ a c a t go m W Q j p IL > A t 2 M �-2 s W z > a F' UA z w n' y s e� IL z O � 0 O 0 Q � s t - '= o _ v a 0. ul A W m ww $ u LL ~ U 0 v co ?t m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Mowrey Elevator Service, Contract Inc., d/b/a Oracle Elevator # Company of Florida Effective Date: (_ 1--Cl — 017 Expiration Date: bk Contract Purpose/Description: Complete elevator service maintenance for Monroe County, Florida Contract Manager Jo B. Walters 4549 (Name) 1--1 b —0e for BOCC meeting on—lrif87 Total Dollar Value of Contract: Repairs: Reg $136/hour; OT $231/hour; Parts:Cost+30% kL Facilities Maint/Stop #4 (Department/Stop #) Deadline,'^" '"" CONTRACT COSTS $28,512 maint Current Year Portion: $ 23,760+repairs $5,400 inspect Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-_ Grant: $ N/A -_ County Match: $ N/A - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above e . maintenance, utilities, 'an CONTRACT REVIEW Changes Division Director D to 11010 Needed Yes❑ NoZ Reviewer ��, Risk Manag en t j Ye No O.M.B./Purchas n -I,'- -17>-b7Yes No County Attorney I e 0'r Yes❑ Nog] () Comments: �}G�aE C�YIMl11ld.leC �"� !►1rLYI ��?od� Gl�tc OMB Form Revised 2/27/01 MCP #2 O 0- � CS 7 etc. Date Out COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA AGREEMENT FOR COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of , 2007, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MOWREY ELEVATOR SERVICE, INC., a Florida corporation, whose address is 2315 Stirling Road, Fort Lauderdale, Florida 33313, D/B/A ORACLE ELEVATOR COMPANY OF FLORIDA ("CONTRACTOR"). WHEREAS, COUNTY desires to provide complete elevator service maintenance for Monroe County facilities, and WHEREAS, CONTRACTOR desires and is able to provide complete elevator service maintenance to Monroe County facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide complete elevator service maintenance to Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF THE WORK: A. The Contractor shall furnish all labor and equipment, including emergency telephone monitoring to 911 dispatch, to provide routine examination, lubrication, cleaning, adjustment, replacement of parts, and performance of applicable code -required safety tests on traction elevators or annual relief pressure tests on hydraulic elevators and any other service, repair, and maintenance sufficient to ensure the safe operation of the elevators in accordance with Florida Statute Chapter 399 and the Elevator Safety Code for Elevators and Escalators AS NM A17.1. B. The Contractor shall be a Certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statue Section 399.061 for required inspections. C. The Contractor shall respond within four- hours of notification of service, twenty-four hours per day, seven days per week. The Contractor shall provide a contact person to ensure twenty-four- hour service. Agreement 2-1 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA D. The Contractor shall respond and rectify all deficiencies as deemed necessary by the Bureau of Elevator Inspection within thirty days of notification. E. The Contractor shall ensure that machine rooms are kept in a clean and safe manner at all times. F. The Contractor shall abide by the Rules and Regulations for Contractors at the Monroe County Detention Facilities when servicing saine. G. Monroe County Elevators to be serviced are as follows: Serial Number Facility Address # Landings 3998 Monroe County Courthouse Annex 502 Whitehead Street, Key West 4 37419 Monroe County Courthouse Annex 502 Whitehead Street, Key West 4 37641 Plantation Key Courthouse US #1 and Hi h oint Road, Plantation Key 2 39503 J. Lancelot Lester Justice Building 530 Whitehead Street, Key West 3 40616 Plantation Key Ellis Building 88800 Overseas Highway, Plantation Key 2 46473 Marathon Government Center 2798 Overseas Highway, Marathon 2 46502 Monroe County Courthouse Annex 502 Whitehead Street, Key West 3 46899 Monroe County Detention Center 5510 College Road, Stock Island 3 46900 Monroe County Detention Center 5510 College Road, Stock Island 3 46945 Records Storage Facility 530 Whitehead Street Key West 3 47143 Monroe County Detention Center 5510 College Road, Stock Island 2 47144 Monroe County Detention Center 5510 College Road, Stock Island 2 47274 Monroe County Detention Center 5510 College Road, Stock Island 2 47275 Monroe County Detention Center 5510 College Road, Stock Island 2 47276 Monroe County Detention Center 5510 College Road, Stock Island 2 47834 Marathon Airport 9400 Overseas Highway, Marathon 2 50030 Sheriff's Administration Building 5525 Colle e Road, Stock Island 3 50031 Sheriff's Administration Buildin 5525 College Road Stock Island 3 51768 Harvey Government Center 1200 Truman Avenue, Key West 3 56110 Plantation Key Detention Facility 53 Hi h oint Road, Plantation Key 2 56216 Key West Courthouse Dumbwaiter 500 Whitehead Street, Key West 3 56599 ARFF Building — Key West Key West International Airport 2 56691 Monroe County Courthouse 500 Whitehead Street, Key West 4 60239 Gato Building 1100 Simonton Street, Key West 2 61607 Depart ent of Juvenile Justice 5525 College Road, Stock Island 3 61608 Department of Juvenile Justice 5525 College Road, Stock Island 3 74025 Sheriffs Aviation Hangar 10100 Overseas Highway, Marathon 2 Freeman Justice Center The Contractor shall be responsible to obtain any necessary permits during the term of this contract. 3. THE CONTRACT SUM The County shall pay to the Contractor for the performance of said service on a per month in arrears basis on or before the 30t" day of the following month in each of twelve months. The Contractor shall invoice the County monthly for elevator service and Agreement 2-2 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA maintenance performed under the Specification contained herein. The Contractor amount shall be as stated by the contractors bid as follows: Serial Number Facility # Landings Capacity Lbs Amount per Month Amount per Inspection 3998 Monroe County Courthouse Annex 4 2500 $88.00 $200.00 37419 Monroe County Courthouse Annex 4 4000 $88.00 $200.00 37641 Plantation Key Courthouse 2 2500 $88.00 $200.00 39503 J. Lancelot Lester Justice Building 3 2000 $88.00 $200.00 40616 Plantation Key Ellis Building 2 2100 $88.00 $200.00 46473 Marathon Government Center 2 3500 $88.00 $200.00 46502 Monroe County Courthouse Annex 3 4000 $88.00 $200.00 46899 Monroe County Detention Center 3 4000 $88.00 $200.00 46900 Monroe County Detention Center 3 4000 $88.00 $200.00 46945 Records Storage Facility 3 4000 $88.00 $200.00 47143 Monroe County Detention Center 2 2500 $88.00 $200.00 47144 Monroe County Detention Center 2 2500 $88.00 $200.00 47274 Monroe County Detention Center 2 4000 $88.00 $200.00 47275 Monroe County Detention Center 2 2500 $88.00 $200.00 47276 Monroe County Detention Center 2 2500 $88.00 $200.00 47834 Marathon Airport 2 1 2000 $88.00 $200.00 50030 Sheriff's Administration Building 3 3500 $88.00 $200.00 50031 Sheriff's Administration Building 3 3500 $88.00 $200.00 51768 Harve Government Center 3 2500 $88.00 $200.00 56110 Plantation Key Detention Facility 2 750 $88.00 $200.00 56599 ARFF Building - Key West 2 2500 $88.00 $200.00 56216 E'-ey West Courthouse Dumbwaiter 3 150 $88.00 $200.00 56691 Monroe County Courthouse 4 2500 $88.00 $200.00 60239 Gato Building 2 2100 $88.00 $200.00 61607 Department of Juvenile Justice 3 4500 $88.00 $200.00 61608 Department of Juvenile Justice 3 4500 $88.00 $200.00 74025 Sheriff's Aviation Hangar 2 2000 $88.00 $200.00 Freeman Justice Center B. Repairs for normal working hours beyond the $500.00 1unit (as defined below) between 8:00 a.m. and 5:00 p.m. Monday through Friday excluding holidays shall be $136.00 per hour. In any month in which the total for Repairs (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and will be responsible for said amount. In any month in which Repairs (as defined above) exceed $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice. C. Emergency service calls after hours stated above including holidays shall be $231.20 per hour. Agreement 2-3 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY. FLORIDA D. The cost of parts beyond those included in the $500.00 limit as described above shall be the manufacturers cost plus 30%. The cost of parts below the $500.00 limit shall be the manufacturers cost plus 30%. The manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any freight charge, regardless of the cost associated therewith. 4. PAYMENTS TO CONTRACTOR A. COUNTY' S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Connnissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance, 5. TERM OF AGREEMENT This Agreement shall cornmence on November 29 , 2007 and ends upon November 28 , 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 mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial tern of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Cormrnerce 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. Agreement 2-4 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each parry 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 terrn of the Agreement and for four years following the tenzunation of this Agreement. If an auditor employed by the COUNTY or Clerk detennines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by .this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners fiom any and all claims for bodily injury (including death), personal injury, and property damage (including properly owned by Monroe County) and any other losses, damages, and expenses (including attomey's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful 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 this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: Agreement 2-5 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100, 000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $100, 000.00 per person, $300, 000.00 per occurrence, and $50, 000. 00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $300, 000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 9. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe COUNTY. 11. NONDISCRIMINATION The parties 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 Agreement 2-6 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA action on the part of any party, effective the date of the court order. The parties 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State govermnent. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perforin work in accordance with these specifications throughout the term of this Agreement. Agreement 2-7 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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, reconir lends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall 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 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, comnussion, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY' S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terns of this contract. 16. 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 Department 3583 South Roosevelt Boulevard Key West, FL 33040 FOR CONTRACTOR: As�c,l Agreement 2-8 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY' S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY' S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION a. The COUNTY may tenninate this Agreement with or without cause prior to the cominencement of work. b. The COUNTY or CONTRACTOR may tenninate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the tern s of the contract upon termination. 19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terns or a tern of this Agreement by or between any of them the issue shall be subnutted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terns, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining teen, 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 teens, covenants, conditions and provisions of this Agreement would prevent the Agreement 2-9 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA accoinplishinent 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 in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either parry relating to the fonnation, 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; Agreement 2-10 Octobei- 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terns, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Agreement 2-11 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 36. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when perfonming 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. 37. LEGAL OBLIGATIONS AND RESPONSIBILITIES AND 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 unposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Agreement 2-12 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. 39. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day.and date fist written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk Date: Witnesses for CONTRACTOR: Signature Da Signature /',-� .- (-) q.- C, 7 Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: Mayor Mario Di Gennaro Date: '0 qSig4ae of ers- - Lon a thorized to legally bind Corporation Date:. Print Name Address: 23� (3 Telephone Number G� -1�bs-a7113 O M z m Agreement 2-13 October 2007 12/14/2007 10:35 3052953672 FACILITIES PAGE 02/04 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA NON -COLLUSION AFFIDAVIT I,�2Az t`41 E L of the city of... .ice 7-- L_ G' L~ according to law on my oath, and under penalty of perjury, depose and say that: 1. IBM C �• t6►i r� L 1 IEtZ of the firm of rC L-�14`fb j the bidder making the Proposal for the project described in the Notice for Calling for bids for: .fit... b`�.3�'1'��-- C.�lt�•�` �G1�rl F-1'�t-4._!�{�.QC1� and that I executed tlbe said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of rostrieting eompetition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise requiTed by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor-, and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit am true and correct, and made with full knowledge that Monroe County relies upon the truth of the statcmcnt_s contained in this affidavit in awarding contracts for said project l— ate) COUNTY OF: _ Y Du0md PERSONALLY APPEARED BEFORE ME, the undersigned authority,-��?.eXl _ who, after first being swdme (name of indivi ual signing) affixed his% er signature the Space proiidcd above on this ay of 20 LILLIAN NAZARIO MY COMMISSION 9 DD616904 "�4 d EXpI[tBS: Nove+r+hc 21.2010 //-1 1#a9000TARY if, hla+y L11KLYIII AMm_ Ca 1. / NOTARY PUBLI My Commission Expires: f V,?T acpz f Bid Daeumants 3-4 October 2007 12/14/2007 10:35 3052953672 FACILITIES PAGE 03/04 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO 10 1990 'MONROB QOUNTY. FLQRMA ETHICS CLAUSE 'EL_ r\ )6fp . warrants that Y►'`t 5 not elnpIoycd, retained or otherwise bead act on his/its behalf any former County officer or employee in, violation of Section 2 of Ordinance No, 10- 1990 or azay County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gik or consideration paid to the former County officer or employee. STATE OF __If Q'Y1 COUNTY OF -&V uZO-,,Ca PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (mare of individual aignvzg)�in the space provided above ou this of Y NOTAOLP UBLIC My commission expires: hryu•nrVdv v. �1"i l.1LL1AN NAZARIO MY COMMISSION M DNI6904 OMB - MCP FORM #4 ,p riires; 1C zi, rpm 1-M1Mh1,WGTAKV fl. NWmy Nsenmu A!Z C, Co, Bid Documents 3-5 October 2007 12/14/2007 10:35 3052953672 FACILITIES PAGE 04/04 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.. 2. Inform employees about the dangers of drug abuse in the workplace, the busincss's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3_ Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1.). 4. In the statctnent specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo colntendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a Sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug4ree workplace through implementation of this $ecti pn. As the person authorized to sigrr the statement, I certify that this firm complies fully with the above requirements. Dare OTvM - MCP#f5 Bld Document$ 3-6 October 2007