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Item E15 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~Y Meeting Date: November 19. 2008 Division: Public Works Bulk Item: Yes -1L No - Department: Facilities Maintenance Staff Contact Person:John W, Kim!. 292-4431 AGENDA ITEM WORDING: Approval to amend the agreement with Weathertrol Maintenance Corp. for the central air conditioning maintenance and repair for the Lower Keys Facilities adding two new facilities. ITEM BACKGROUND: The Freeman Justice Center and the Big Pine Key Park Community Center have recently been completed and turned over to Monroe County. AlC maintenance and repair must be provided for these facilities. In order to pay for services for the two new buildings, the contract total amount needs to be increased from $45,000 to $70,000. PREVIOUS RELEVANT DOCC ACTION: On July 18, 2007, the BOCC awarded bid and execution of a contract with Weathertrol 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; and on July 16,2008, the BOCC approved the first renewal option for this contract CONTRACT/AGREEMENT CHANGES: Add the Freeman Justice Center and Big Pine Key Park Community Center to Lower Keys locations to be serviced; and increase total contract amount from $45,000 to $70,000. STAFF RECOMMENDATIONS: Approval TOTAL COST: $70.000 (entire contract) BUDGETED: Yes ~ No - COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes_ No .x. AMOUNT PER MONTH_ Year - APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included - Not Required~_ DISPOSITION: AGENDA ITEM # Revised 2/05 M E M ORAN D UM DA TE: October 22, 2008 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item ~ November 19,2008 BOCC Meeting Approval to Amend Agreement - Weathertrol Maintenance Corp, for Central Air Conditioning Maintenance and Repair for the Lower Keys Weathertrol is the County's current contractor for Lower Key facilities AlC maintenance and repair. Two new facilities have recently been completed and added to the County's building inventory in the Lower Keys, and provisions must be made to service them. To provide service for these new buildings additional funds will also be needed; therefore, the contract amount will need to be increased from $45,000 to $70,000. J hereby recommend approval to amend the agreement with Weathertrol Maintenance Corp. for the central air conditioning maintenance and repair for the Lower Keys Facilities. JWKJjbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Weathertrol Maintenance Contract #_ Corp Effective Date: 7/30/08 Expiration Date: 7/29/09 Contract PurposelDescription: Amend contract for Lower Keys facilities central ale maintenance and repair to add two new locations and increase the N-T-E arnowtt to $70,000/year Contract Manager: Jo B. Walters 4549 Facilities Maint 1 #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11119/08 AJ;:enda Deadline: 11/04/08 CONTRACT COSTS Total Dollar Value of Contract: $ 70,000 Current Year Portion: $ Budgeted? Yesr8J NoD Account Codes: 001-20501-530-340-_ Grant: $ 001-20505-530-340-_ COwtty Match: $ - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dolJlU" vatue above) (ell.. maintenance, utilities, janitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out Dateln Needed Division Director \~ YesD NoB: Risk Management fb~..l>~ YesD No[3"" tJu.. ~ n.'l-~Q .M,B.IPurchJmg ,O-g~YesDNo County Attorney \',\t'\\()~ YesD N~ r-- Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACTAMENDMffiNT CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR- LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA THIS AMENDMENT hereinafter "Amendment" is made and entered into this _day of , 2008, between MONROE COUNTY (hereinafter "COWlty" 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 4'" 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 CONSIDERA TlON 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 foUowing: MONROE COUNTY COURTHOUSE Jackson Square Complex, 500 Whitehead Street, Key West MONROE COUNTY COURTHOUSE ANNEX, aJkJB JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX Jackson Square Complex, 502 Whitehead Street, Key West (including 1986 Jail Addition) J. LANCELOT LESTER .roSTICE BIDLDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson Square Complex, 530 Whitehead Street, Key West .roVENILE DETENTION 502 Whitehead Street, Key West . 1 . KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY) 700 Fleming Street, Key West GATO BUILDING IlOO Simonton Street, Key West HARVEY GOVERNMENT CENTER 1200 Truman Avenue, Key West HARVEY CENTER NUTRITION SlTE 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 ADMlNISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE ST A nON 2nd Street and McDonald A venue, Slock Island BAYSHORE MANOR 5200 College Road, Key West BIG COPPlTT FIRE STATION 2g Emerald Drive, Big Coppin Key SHERIFF'S SUB-STATION US Highway I. Cudjoe Key FIRE STATlON 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 T AX COLLECTOR/SHERIFF'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 FREEl\1AN JUSTICE CENTER 302 Fleming Street, Key West .2- BIG PINE KEY PARK COMMUNITY CENTER 31009 Atlantis. Big Pine Key 2. Paragraph }, subparagraph G of the Agreement is amended to read as follows: G. "The total contract sum shall not exceed Seventy Thousand and no/IOO Dollars ($70,000.00) per year; this amount shaH 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By _____ Deputy Clerk Mayor Date 1rra47it~ WEG~NC[CORP. By ~ Title -t),/A-EC-7Pa- c;pt!. ~t/~ /..vcs- r Witnesses Date /tJ- :l/-C>e, .3- . w . 1- RENEWAL AGREEMENT CENTRAL AIR CONDiTIONINO MAINTENANCE AND REPAIR- LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA THIS A DMENT hereinafter "Amendment" is made and entered into this )//'t- day of 2008, between MONROE COUNTY (hereinafter "COWlty" or "Owner"), a li' I 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 4th Ave., Miami, Florida, 331 10. WHEREAS, the parties bereto did on July 18, 2007 enter into a Central Air Conditioning Repair and Maintenance Agreement (hereinafter "Original Agreemenn; 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 panies have found the Original Agreement 10 be mutually beneficial and; WHEREAS, both panies find that it would be mutually beneficial to enter into this I" renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: l. In accocdance with Paragraph 4 of the Original Agreement, the County exercises the option to renew tae Original Agreement for the first of the two (2) one-year teltTls. This term will commence on July Jil, 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-U) for all Urban Consumers lIS reported by the U,S. Bureau of Labor Statistics for the previous year of 4.1 % with monthly payments increasing to the following Labor -Normal working hours of 8:00 a.m, to 5:00 p.m. Monday through N <i. Friday, excluding holidays: c' II) ~'.J _I $ 93,17 per hour, m~hanjc ,~...:. M .:J ~ c, -~'r3?-~ $ 176,45 per hour, mechanic plus helper r,' ::II: L;: '-' Go. ey, . '.. l.D '-:u~~ Overtime rate for hours other than the nonnal working hours as stated i.. N ;:::S~ above, including holidays: ,. 0- ~ LLJ ;~uo (,I) ~ ~ $ 139.75 per hour, mechanic f! ... 0 1", C :J: $ 368,77 per hour, mechanic plus helper . - 2. In all other respects, the original agreement dated July I g, 2007 and amended May 21, 2008 remains in full force and effect. IN WITNESS WHEREOF', the parties have hereunto set !heir hands and seal, the day and year first written above. (SEAL) .. -:' . .,_ -~', BOARD OF COUNTY COMMISSIONERS A TrE~;r: DANNVL ~6LHAGE. CLERK OF MONROE COUNTY, FLORIDA By ~L.r.dc. Uv~t4J By 17n4'~.()r~ J Deputy Clerk Mayo~ Gharles "SOnlt) "M'CO) . 0'"'1- \~-O~ M a.. (' '\ 0 1)'\ C:s..~.....Q. ('0 Dare :~=~-' Title ~~~?"4- ~ "'S/ttV8*S . CONTRACT AMENDMENT CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR- LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA THIS A DMENT hereinafter "Amendment" is made and entered into this :;/4t day of 2008, between MONROE COUNTY (hereinafter "County" or "Owner"), a politic subdivision of the State of Florida, whose address is 1l 00 Simonton Street, Key West F., 33040 and WEATHERTROL MAINTENANCE CORP. (hereinafter "Contractor"). a Florida Corpontion whose address is 7250 NE 411I Ave., Miami. Florida, 3311 O. WHEREAS, the parties hereto did on July 18. 2007 did enter in to a Central Air Conditioning Repair and Maintenance Agreement (hereinafter "Original Agreemmt"); and WHEREAS. under the tenns of the Original Agreement the total compensation paid to the Contractor for repair and maintenance services was not to eltCeed $25,000; and WHEREAS. the County's central air conditioning repair and llUlintcnance ~uirements 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 pIlties agree as follows: 1. Panpph 2, subparagraph F of the Original Agreement is amended to read as follows: "The w:ilities are located throughout the Lower Keys area. Buildings to be serviced shJJl include, but shall not be limited to, the following: MONROE COUNTY COURTHOUSE ANNEX, lIkIa JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX Jackson SqUllte Complex, 502 Whitehead Street, Key West (including 1986 Jail Addition) J. LANCELOT LESTER JUSTICE BUILDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson SqWln! Complex, 530 Whitehead StIftt, Key West JUVENILE DETENTION 502 Whitehead Street, Key West 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 Tl'WtWl Avenue, Key West TAX COLLECI'ORIDMV OFFICES 3439 South Roosevelt BoulevlU'd, Key West MONROE COUNTY DETENTION FACll..ITY 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-STATION US Highway I, Cudjoc 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-stnry CBS Building) Big Pine Key Shopping Center, Big Pine Key TAX COLLECFORlSHERIFF'S OFFICE Big Pine Key Shopping Center, Big Pine Key HOUSE AT OLD MARlNJ:R'S RESORT Sands Road at Old Mariner's Resort, Big Pine Key 2. Paragraph 3, subparagraph G of the original Agreement is amcnd~ to read as follows: G. "The total contract sum shall not exceed Forty-Five Thousand and noll00 Dollars ($45,000,00) per year; this amount shall not be excocd~ without amendment to the oontnu:t and approval of the Board of County Commissioners." - . . 3. Paragraph 4 of the Original Agn:ement is amended to read as follows: 4. TERJd OF AGREEMENT This Agreement shall commence on Iuly 30, 2007 and tenninates on July 29, 2008, unless tenninated elllier 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 panies, exen;isable upon wriUCn notice given at least ]0 days prior to the end of the initiat tenn, Unless the context clelJly indicates otherwise, ~fcrcnccs to the "tenn" of this Agreement shall mean the initial tenn of one (I) 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.V computation at December 31 of the previous year, 4. In all other respects, the original agreement dated July 18, 2007 remains in fuU foree ,- and effect. ~'..~ .. ,~tNESS WHEREOF, the parties have nereunto set their hands and seal, the day and .:,~rst.written above. (S~ Y COMMISSIONERS A;'f: DANN~CLERK COUNTY, FLORIDA BY~~ By Deputy erk "Sonny" McCoy Date MA't' 2 1 200a :~RP. . Title ~..~/~ ?J1.r.~. .... 'f"~ Date :1: ;I :J CI Cl ):r - ,'- % :II: I" roved a. to form by: ~n~: ~ "::l r'T\C~ N '''l', C:t~'r"" '"'..' ,:;:!~:. -.l . n ~.=-:. ';~ :-. ~ :-J' L~ c.,~ '_ :z: ..., n :";';'~"';;.'. N :':) ~ 1~ .. ;,) ~ 'f"~~ ? ,.., CENTRAl. AIR CONDITIONING foAA1NTENANCE AND REPAIR COPY LOWER KEYS FACILITIES, MONROE COUNTY. FLORIDA AGREEMENT FOR CENTRAL AIR CONDmONING 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 lea bdivision of the State of Flonda, whose address is 1100 Simonton Street, Key West. Florida 33040. and WEATHERTROL MAINTENANCE CORP. ("CONTRACTOR"). a Florida corporaJion, whose address is 1250 NE 41il Avenue, Miami. Florida 33130. WHEREAS, COUNTY desires to provide central air corniitioning 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. -rm: AGREEMENT The Agreement consists of thls document and its exhibiu only. 1. SCOPE OF THE WORK A. Routine repairs and maintenance of all county maintained central air conditioning W1its in the Lower Keys area. B. Emergency repairs of aU county maintained central air conditioning units in the Lower Keys area. The CONTRACTOR shall be available 24 hours per day, 3~5 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 contli.ct person and phone number for building and equipment access. C. The CONTRACTOR shall have 8CCe!S to a supply ohll parts and conlrOls normally nec~ for the emergency repairs of all county maintained AgrHllMll1t 1 May 2001 CENTRAL AIR CONDl:fIONING 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 fonn, 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 el(ceeds $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 quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices el(cceding $500 must accompany requests fOf' 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, 5'00 Whitehead Street, Key West MONROE COUNTY COURTHOUSE ANNEX Jackson Square Complex, 510 Whitehead Street, Key West (including 1986 [ail Addition) J. LANCELOT LESTER JUSTICE BUILDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson Square Complel(, 530 Whitehead Street, Key West JUVENUE DETENTION 500 Whitehead Street, Key WeSt KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY) 700 Fleming Street, Key West Agfllllmen! 2 May ZOOT CENTRAL AIR CONDITIONING MAINTENANce AND REPAIR !.OWER KEYS FACilITIES, MONROE COUNTY, FLORIDA 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 COLLECTORIDMV OmCES 3439 South Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 550 [ College Road, K.ey West SIIERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE ST A nON 2nd Street and McDonald Avenue, Stock Island BA YSBORE MANOR 5200 College Road, Key West BIG COPPITf FIRE STATION 28 Emerald Drive. Big Coppitt Key SHERIFF'S SUB-ST AnON us Highway I, Cudj~ Key FIRE STATION Key Deer Boulevard. Big Pine Key BIG PINE OPERA nONS 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 CQLLECTORlSHERlFF'S OFFICE Big PLne Key Shopping Center, Big Pine Key HOUSE AT OLD MARINER'S RESORT Sands Road at Old Mariner's Resort, Big Pine Key Ag,..rnent 3 MaV 2007 CENTRAL AIR CONDITlONING MAINTENANCE AND REPAIR LOWER KEYS IOACILlTlES. MONROE COUNTY. FLORIDA 3. PAYMENTS TO CONTRACTOR A. COUNTY'S perfonnance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; paymem will be made' after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrcan. 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. D. The actual cost of parts and materials purchased from the manufacturer plus 10"/. to fulfill the obligations of the Contract A manufacturer's invoice must accompany all requests for payment for any patt wbich exceeds $$00.00, 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 ~uire sbipping or transportation of pans whether the part is under warranty or not, and may be requested at tlte discretion of the 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 !.!Sed by the contractor to fulfill the obligation of the ConlraCt. The labor costs will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor- Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, eJ<<:luding holidays: $M.J.Q.... per hour, me<:tumic S ...l.22jQ per hour. lTIe(:Mnic plus helper Overtime rate for hours other than the normal working hours as stated above. includinj: holidays: $JJm per hour. mechlUlic S~ per hour, rm:chanic plus helper Such costs must be documented for each repair and/or maintenance job IIld included with I.ll Applications for Payment. ,o,g- " May 2001 CENTRA~ AIR CONDITIONING MAINTENANce AND R.EPAIR ~OWEA l(EYS FACI~ITIES, MONROE COUNTY. FLORIDA F. Freon for recharging systems; R-22 18.00 per pound R-t2 S&QQ per pound R-IL $79.00 per pound 134 A $18.00 per pound 408 A $35",00 per pound 404 A $25".00 per pound 123 $22.20 per pound Materials: Supplies and Replacement Parts: Manufacturer's Invoice plus 200/0, Freon evacuatioll and disposal shall be a part of the Contractor's rate. and shall not be billed as an additional item. 'J1I1! Colltrtlctor ,haJJ slIbm/l wltll all inVfJkes till! Applicatiott f(H' Payme"t /01'''' attru:1I1!d. G, Total Compensation to CONTRACTOR under this Agn:ement shall not exceed TWENTY-FIVE THOUSAND AND NO/I 00 DOLLARS ($25,000,00) unless pre-approved emergency work requiring additional funds is implemented. H. Expenses for traveL, lodging, per diem and other authorized eJ(penses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. ... TERM OF AGREEMENT This Agreement shall commence on July 30,2007, and ends upon July 29, 2008, unless terminated earlier under paragraph L8 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to all additional two (2) one year periods at terms and conditions mlJtUally agreeable to the parties, ex:m;isabte upon written notice given at leilSt 30 days prior to the end of the initial term. Unless the context cle8fly indicates otherwise, references to the ""term" ot'this A~ement shall mean the initial term of two (2) years. The Contract amount shall be adjusted annuatly in accordance with the percentage change in the U.S. Department of Commerce Co~r 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 December 31 afthe previous year. Ag........ent 5 May 2007 CENTRAL AIR CONDITIONING MAINTENANCE A.NO REPAIR LOWER KEYS FA.CILITlES, MONROE COUNTY, FLORIDA S. ACCEPTANCE OF CONDmONS BY CONTRACIOR CONTRACTOR has, and shall maintain throughout the tenn of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the COUNTY upon execution oft.l1.is Agreement. 6. FINA.'lCJAL RECORDS OF CONTRAcrOR CONTRACTOR shall maintain aU books, tecords, and documents directly pertinent to perfonnance under this A~clmnt in ~ordance with generally accepted IlCcoLJnting principles consistendy applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of e~h other party to this Agreement for public records purposes during the term of the Agreement lII1d for foW' years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk. determines that monies paid to CONTRACTOR pursuant to this Agreement were spent fur purposes not authorized by this Agreemet1t, the CONTRACTOR shall repay the monies together with interest calculated punuant to Sec. 55.0J, 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. aU documents. papers, Letters or other mat.erials 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; Ind the COUNTY shaH have the right [0 unilaterally cancel this Agreemem IJpon violation of this provision by CONTRACTOR.. 8_ ROLD HARMLESS AND INSURANCE CONTRACTOR covenants and agn:es to indemnify and hold harmtess Monroe County BoaId of County Commisslonern from any and all claims for bodily injury (including death), personal injW"}l. 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 otner wrongful act of omission of CONTRACTOR. its employees. or agents. The extent of liablHty is in [\0 way limited to, rcdU(;ed. or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to compty with the requirements of this section shall be cause for imm~iale termination of this agreement. Prior to execution of this ~grell'rnent, CONTRACTOR shall furnish the COUNTY Certift(llteS of lnsurance indicating the minimum coverage limitations in the following amounts: "G_nl 6 May 2001 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY. FLORIDA WORKERS COMPENSATION AND EMPLOYER'S LlABIL TlY INSURANCE. Where applicable, coverage to apply for all empbyees at a minimum 3tatutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABlUTY INSURANCE. Motor vehicle liability insurance, including applicable no~fault coverage, with limits of liability of not less than SJOO.oao.OO per occurrence, combined single limit for Bodily Injury Liability and Propcny Damage Liability. Covc"'l!e shall include alt owned vehicles. all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LlABIUTY. Commercial general liability covel'llge with limits of liability of not less than UOO. 000. 00 per occurret'lce combined single limit for Bodi~y Injury Liability and Property Damage Liability. In addition. the Contractor shall obtain Employers' Liability InsutlUlce with limits of not less than $ t 00,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits. $100,000 Bodily Injury by Disease, each employee All cO\l~rages shall be provided. CERTIFICATES OF INSURANCE. Original Certificates of [nsurance shall be provided to the COUNTY at the time of execution of this Agreement and certifJed copies provided if requested. Each policy certificate shall be endorsed with So provision dlat 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 Ftorida. [f requested by the County Administrator. the insurance coverage ~all be primary insurance with respect to the COUNTY. its officials, employees, agents and volunteers. 9. NON-W AlVER OF IMMUNITY Notwithstanding me provisions of Sec. 286.28. Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, iClf~illSW'lICWe coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall an)' Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At alt times IUld foc all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of COUNTY Commissioners of Monroe COr....NTY. No staU:mcnt 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 CmTNTY Commissioners of Monroe COUNTY. Ag........,,\ 7 May 2001 CENTRAL AJR CONOlDONINO MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY, FLORICA n. N..2~DlSCRIMINA lION COUNTY and CONTRACTOR agree that there will be no discrimination against 3l'1)' person, and it is expressly IJnderstood that upon a determination by a cowt of competent jurisdiction that discrimination has occurred, this Agreement automatically tenninates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with aU Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Righ.ts Act of 1964 (PL 88.352) wnich prohibits discrimination on the basis of taCC, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss, 1681-1683. and 1685-1686), which prohibits discrimination OCl the basis of sex; 3) Section 504 of the Rthabilitatiol1 Act of t 973. as amended (20 use s. 794). which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of [975. as amended (42 use ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The DNg Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, tl':IOtoting to nondiscrimination on the basis of drog abuse: 6) The Comprehensive A[cohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Al;t of 1970 (PL 91-616), as amended, relating to nondiscrimination on dlc: basis of alcohol 1Ibu.1lC or alcoholism; 7) The ?ublic Health Service Act of 1912, $S. 523 and 527 (42 use 55. 69Qdd-3 and 290ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VUI of the Civil Rights Act of 1968 (42 use s. et seq.). as amended. relating to nondiscrimination in the sale. rental or financing of how ins; 9) The: Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of diwi(ity: (0) Any other nondiscriminacion provisions in an)' federal or state statutes which mllY apply to COUNTY and CONTRACTOR to. or the subject matter of, this Agreement. 12, ASSIGNMENT/SUBCONTRACf CONTRACTOR shall not assign or subcontract its obligations under this agreement to omers, except in \\Iriting and with the prior written approval of the Board of CoWlty Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incotpOrated by reference into any assignment or subcontract and any assignee or sub shall comply with aU of !he proviSions of this agreemeClL Unless expressly provided for therein. such approval shall in no manner or event be deemed to impose B11yadditional obligation upon the boarci. 13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS [n providing all services/goods pursuant to this agreement, CONTRACTOR shill 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 tM Federal and State government. Any violation of said statutes. AlI.-.nent 6 May 2007 CENTRAL AIR CONDITIONING 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 shill I possess proper licenses to petionn work in accordance with tltese specifications throughout the term afthis AgTCcment. 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 perfOMnllllCe 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 Ix required to comply with the standards of conduct for publk: officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to. solicitation or acceptance of gifts; doing bWliness with one's agency; unauthorized compensation; misuse of public position. conflicting employment or contractual relationship; lIIld disclosure or use of certain infonnation. Upon ex:ecution of this contract, lllId thereafter as changes may require, the CONTRACTOR shall ootify the COUNTY of lllIY financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses. recommends. 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 011 a voluntary bllSis. COUNTY and CONTRACTOR warrant that, in respect to itself. it has neither employed nor retained any company or person. other than a bona fide employee working solely for it., to solicit or secure this Agreement and that it has not paid or agreed to pay any person. company. corporation. individual, or firm. other than a bona fide employee working solely for it. any fee. commission. percentage. gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the rignt to tenninate this Agreement without liability and, at its discretion, to offset from manics owed, or otherwise recover, the full amount of such fee. commissioCl, percentage, gi ft, 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 wltTl1nts and represents that it has no obligation or indebtedness that would impair its ability to fulfill the tenns of this contract. Ao_nl 9 May 2007 CENTRAL AIR CONDITIONING MAINTENANCE ANO REPAIR LOWER KEYS FACIUTIES. MONROE COUNTY, FLORIDA 16. NOTICE REOUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the ocher party by certified mail, returned receipt requested. to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County Weathertrol Maintenance~orp. Public Facilities Maintenance Attention: AvTt'PJO TPIflttj"p5,ee. z.. 3583 South Roosevelt Boulevard 7250 NE 4th Avenue Key West, n 33040 Miami. Florida 33138 17. ~ COUNTY is exempt from payment of Florida State Sales and Use taXes. CONTRACTOR shall not be eKempted by virtue of the COUNTY'S eJU!mption from paying sales tax to its suppliers for materials used to fulfill its obligations l!nder this contraCt, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Numbet' in securing such materials. CONTRACTOR shall be responsible for any IIlId all taxes. or payments of withholding, re[ated to sel'\'ices rendered under this agreement. 18. TERMINATION A. The COUNTY may terminlite this Agreement with or without cause prior [0 the begiMing of the manufacture of the furnishings. 8, The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (1) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either pe.rty to perfonn the obligations enumerated under this Agreement. C, Either or the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so, 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agr=ment shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be pcrfonned entirely in the State. In the event that any cause of action or administnltive proceeding is LnstiUlted 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. "0-"" 10 May 2001 '-, CENTRAL A!R CONDiTIONING MAINTENANCE AND ~EPAIR LOINER KEYS FACIUTIES, MONROE COUNTY, FLORIDA 20. MEDIATION The COUNTY and CONTRACTOR agree that. in the event of conflicting interpretations of tN: terms or a term of this Agreement by or between any of them the issue shaJ I be submitted to mediation prior to the institution of any other administrative or legit proceeding. Mediation proceedings initilUed and conducted pursuant to this Agreement shall be in BCcordance with the Florida Rul~s of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Zl. SEVERABILITY If any term, covenant., condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be dectued invalid or unenforceable tAl any extent by a court of competent jurisdiction. the remaining terms, covenants, conditions and proviSions of this Agreement., shall not be affected thereby; and each remaining term. covenant, condition and provision of this Agreement shall be valid and shall be enforceable ID 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 an)' stricken provision witn a valid provision that comes Il.S close as possible to the intent of the stricken provision. 22. ATIORNEY'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 partjl relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and anomey's fees, in appellate proceedings. Each pany agrees to pay its own court costs. investiglUive, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. -wmnICATION 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 represenratives of each of COCNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COuNTY and CONTRACTOR. then any party shall have the right to seck such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution. performance. or breach of this Agreement. COUNTY and CONTRACTOR agree to participate, kJ the emnt required by the other JIog....mem 11 May 2007 CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LO'wVER KEYS FACILITIES, MONROE COUNTY, FLORIDA part), in all proceedings, hearings, processes. meetings, and other activities related to the substance of this Agreement or provision of the services under this AgreemenL COnny and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to tbis Agreement. 15. BINDING EFFECT The tenns, covenants., conditions, and provisions of this Agreement shall bind and inure to the benefit of COlJNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26, AUTHORITY Each party represents and warrants to the other that the eXe(;ution, delivery and perfonnance of this Agreement have been duly authorized by all necessary COlf!\jTY 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 10 apply for, seek., and obtain federal and state funds to further the purpose of this A.greement: provided that all applications, requests, grant proposals, and funding solicitalions shall be approved by each pany prior to submission. 28. PRIVlLEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinan<:es. and rules and pensions and relief, disability, workers' compensation, and other benefits which appty tD the activity of officers, agents, or emplayees of BnY public agents or emptoyees af 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 perfonnance af such functions and duties of such officers, agents, volunteers, ar employees outside the territorial Limits oflhe COUNTY. Z9. LEGAL OBLIGATIONS AND RESPONSIBn.ITIES This Agn:ement is noC intended to, nor shall ic 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 thereofby any participating entity, in which case me perfonnance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is nat intended to, nor shall it be construed as. authorizing the delegation of the constitutional ar statutory duties of the COlJNTY. except to the extent pennitted by the Flarida constitution, state statute, and case law. Agl'llement 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 ~nefit 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 COJ'.;"TRACTOR 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 LIABn.ITY No covenant or agreement contained herein shall be deemed 10 be a covenant or agreement of any member, officer, agent or empJoYfle of Monroe County in his or her indivkdual capacity, and no member, officer, agent or employee of Monroe County shall be Iiabte personally on this Agreement or be subject to any personal liability or accountability by reason of the cx.ecution of this Agreement. 33. EXE~UTION IN COlJ!\Ii"TERP ARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together snail constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may CllCCl.lte this Agreement by singing any such counterpart. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings arc not a part of this Agreement arui will not be used in the interpretlltion or any provision orthis Agreement. Ag.....ent t3 May 2007 CENTRAL "\R CONOlTICN1NG MAINTENANCE AND FlEF'ArR LOWERKEVS FACILITIES, MONROE COUNTY, FLORIDA IN WITh'ESS WHEREOF, COUNTY and CONTRACTOR hereto have e:\ecuted this Agreement on the day and date first written above in four (4) counu:rpans. each of which stlall, withollt proof or accDunting for the other counterparts. be deemed an original contract. BOARD OF COUNTY COMMISSIONERS OFMONROECOUNT~ By: ~ik :~~r Mario D.hierttT Zoo7 of on authorized to bi C07fti? t q' b7 /.((tJL-c dt9te.;J>4 Print Name Address: 7~J'b ~ 4Avt' H(A/.A.C . Fir :3"3,3r Telephone Number gcr 'to.t ft)d CI j. ~j) , Date It) "'t C. Q hl ..J cc: (.;J c;-, &! <'( .~ w z: ~:'i:.~ ~. , a: - IY. ~ '-:uo u -' ,U ...... I >-3'-'-' G- Q ~ ~u~ ILEENE W, CASSEl. ~ -< % ASS I ST"NT JOUNTY ATTORNEY i c 0 "'" :J: Dal. fit J'lfo7 klreemen1 14 May 20D1 ...-,..-,. CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR LOWER KEYS FACILITIES, MONROE COUNTY. FLORIDA APPLICATION FOR PAYMENT DETAILS DATE: AAAIV AL TIME: DEPARTURE TIME: LOCA nON: PARTS AND MATERIALS COSTS * ITI:M OESCRIPT[ON UNIT PRtCE QUANTITY SUB-- TOTAL I 2 3 4 5 PARTS &. MATERIALS SUB- TOTAL - % INCREASE PAATS 6: MATERIAlS TOTAL FREON COSTS - LBS OF -@ PER POL1-t'D FREON TOTAL LABOR A..'ffi EQUIPMENT COSTS HOURS @ LABOR &. EQUIPMENT TOTAL TOTAL DESCRIPTION OF WORK Dale Authorized Signature I Title . Conttac\lor mu.o! provide & IXlpy ofllle ManufflCluTer's Invoice for puts over SSOO.OO, and may be requited to provide Manufacturer's Invoice focall parts provided. Conlnc&Or must provide copy offrei&hl invoi~e for lrlln<pottation/5hippma CO&lS over $500.00, and ll1&Y be required to provide IIIl invoice for any freight charge, regardless of the cost. 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Q 0 ,...... w Z Q .. l- =< .... ~ 0 ... ..... I-~QE "',"-: Q 0 I o(rc.....< I~ -1 0 .., 00 WOtool.. ~t :lI' 0 EO 3-1IIro-E I .~ 0 1:"3 ... ~;~.- J ~ ~~; '" .' " f', ~ :,t, u.:f.'. ~ 0' - v. ::.- J"':...1l: - ~. ~~ 11'0 ~~~ ? ~/ {,':' ! .L_.... " ~~