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Item C19County of Monroe The Florida. Keys BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: C.19 Agenda Item Summary #3867 REVISED BACKUP DAY OF MEETING: Added executed revised First Amendment. BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549 None AGENDA ITEM WORDING: Approval of first amendment to the Second Amended and Restated Agreement with Aramark Uniform Services. This amendment deletes a delivery location and a service item, adds a lost article payment schedule, increases payment amounts by the CPI -U of 2.1 %, and exercise the first of two (2) optional one year renewals. ITEM BACKGROUND: This first amendment deletes a delivery location and a service item, adds a lost article payment schedule, increases payment amounts by the CPI -U of 2.1 %, and renews the first of two (2) optional one (1) year renewals PREVIOUS RELEVANT BOCC ACTION: June 21, 2017 BOCC approved the Second Amended and Restated Agreement necessary to correct certain errors subsequently discovered in the aforementioned Agreements and to amend the Original Agreement to correct the Contractor's name and addresses, add three delivery locations, and a service item with payment amount, and add a remittance address. January 18, 2017 BOCC approved an Amended and Restated Agreement to correct errors in the Original Agreement and to add a delivery location, service items, and a Notice Requirement address change. November 22, 2016 BOCC approved and entered into a piggybacked agreement with the City of Key West for uniform services with Aramark Services, Inc. CONTRACT /AGREEMENT CHANGES: First Amendment Agreement with Aramark- delete a delivery location, delete a service item, add a lost article payment schedule, increase payment amounts by the CPI -U of 2.1 %, renew the first of (2) optional renewals STAFF RECOMMENDATION: Approval DOCUMENTATION: REVISED EXECUTED AND STAMPED First Amendment Agreement - Aramark 2 20 18 062117 Second Amended and Restated Agreement - Aramark 01 -18 -17 Amended and Restated Agreement - Aramark 11 -22 -16 Original Agreement - Aramark FINANCIAL IMPACT: Effective Date: Retroactive to 01/01/2018 Expiration Date: 12/31/2018 Total Dollar Value of Contract: $32,000.00 plus Social Services and Solid Waste Management and Lost Articles Charges Total Cost to County: $32, 000.00 plus Social Services & Solid Waste Management Current Year Portion: $24,000.00 plus Social Services & Solid Waste Management Budgeted: yes Source of Funds: Ad Valorem and gas tax CPI: yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: yes Additional Details: 01/18/17 001 -20501 • FACILITIES MAINTENANCE 01/18/17 102 -22500 • ROAD DEPARTMENT 01/18/17 504 -23501 FLEET MGT SVC ADMIN 01/18/17 147 -20503 UN1NC PARKS & BEACHES 01/18/17 101 -20505 • CORRECTION FACILITIES 01/18/17 001 -20502 • HIGGS BEACH MAINTENANCE 01/18/17 401 -22502 • CARD SOUND ROAD Total: REVIEWED BY: Patricia Eables Kevin Wilson William DeSantis Budget and Finance Maria Slavik Kathy Peters Completed Completed Completed Completed Completed Completed $15,315.00 $7,657.50 $3,318.25 $2,552.50 $2,552.50 $613.00 $0.00 $32,008.75 02/06/2018 2:24 PM 02/06/2018 3:26 PM 02/06/2018 3:51 PM 02/06/2018 3:56 PM 02/06/2018 4:28 PM 02/06/2018 4:29 PM Board of County Commissioners Pending 02/21/2018 9:00 AM FIRST AMENDMENT AGREEMENT BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM SERVICES This First Amendment Agreement is made and entered into this 21 day of February, 2018, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and ARAMARK UNIFORM SERVICES, a division of Aramark Uniform & Career Apparel, LLC, ( "CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida, whose principal address is 115 N. First Street, Burbank, CA 91502, and whose Florida address for purposes of this Agreement is 235I Blount Road, Pompano Beach, FL 33069, with a remittance address of AUS Central Lockbox, P.O. Box 731676, Dallas, TX 75373 -1676. WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dated November 22, 2016, (hereinafter "Original Agreement "), to provide uniform services for various Monroe County departments; and WHEREAS, the COUNTY and CONTRACTOR amended and restated the Original Agreement on January 18, 2017, . ( "Amended and Restated Agreement "), to correct errors in the Original Agreement and to add a delivery location, service items, and a Notice Requirement address change; and WHEREAS, on June 21, 2017, the BOCC approved the Second Amended and Restated Agreement to correct subsequently discovered errors in the Original Agreement, as amended and restated on January 18, 2017, as to the contractor's name and address, added other delivery locations, added another item number for women's cargo shorts and payment amount, and added a remittance address; and WHEREAS, this Amendment is to amend the Second Amended and Restated Agreement to delete a delivery location, delete a service item, add a lost article payment schedule, increase payment amounts by the CPI -U of 2.1%, and renew the first of two (2) optional one (1) year renewals, and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this First Amendment Agreement; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with the Second Amended and Restated Agreement, Paragraph 2, H.c. shall be amended to read as follows: 2. SCOPE OF SERVICES: 21 G. REPAIRS, REPLACEMENTS AND DEFECTS f. Any items that are ruined or spoiled, beyond normal wear and tear, which is caused by an employee of the County/Using Agency, shall be replaced by the Contractor and the replacement costs shall be borne by the Using Agency. H. LOST ITEMS C. Items lost by a Using Agency will be replaced by Contractor at the Using Agency's expense per the attached schedule. Item #1- Shirts: Long Sleeve Contractor Item # GS0007 35 % Cotton 65 % Polyester $14.50 each Item #lA - Shirts: Long Sleeve Contractor Item # GSO448 100 % Cotton $30.00 each Item #2 - Shirts: Short Sleeve Contractor Item #GSOD19 35 % Cotton 65 % Polyester $16.68 each - Item #2A- Shirts: Short Sleeve Contractor Item # GSO449 100 % Cotton $30.00 each Item #3 — Pants: Long Contractor Item # GP0002 35 % Cotton 65 % Polyester $1$.50 each Item 0A —Pants: Long Contractor Item # GP0171 100 % Cotton $22.00 each Item #4 — Pants: Shorts Contractor Item # GP0096 35 % Cotton 65 % Polyester $20.00 each Item #5 — Pants: Cargo Shorts Contractor Item # GPO730 35 % Cotton 65 % Polyester $20.00 each Item #6 - Shirts: Men's Sport DriFit Polo Contractor Item # GS1724 100 Polyester $24.00 each Item #7 - Shirts: Women's Sport DriFit Polo Contractor Item # GS1957 100% Polyester $27.60 each Item #9 — Pants: Women's Flat Front Long Contractor Item # GP1036 35 %p Cotton 65 % Polyester $26.45 each Item #10 — Shirt Short Sleeve: Safety Yellow Contractor Item # GS0897 100% Polyester $59.00 each 2 Item #11— Shirt Long Sleeve: Safety Yellow 100% Polyester Item #12— Pants: Long Cargo Pants 35 % Cotton 65 % Polyester Item #13— Pants: Long Women's Cargo Pants 35 % Cotton 65 % Polyester Item #14 — Shorts: Women's Cargo 35 % Cotton 65 % Polyester Contractor Item # GS0896 $59.00 each Contractor Item # GP0621 $23.00 each Contractor Item # GP1037 $26.45 each Contractor Item # GPOS49 $3450 each 2. In accordance with the Second Amended and Restated Agreement, Paragraph 2, N. shall be amended to read as follows: N. SERVICE LOCATIONS • Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: Facilities Maintenance Department Higgs Beach Road Department Social Services Fleet Department • Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities • Cudjoe Key Transfer Station MM 21.5, 740 Blimp Road Cudjoe Key, FL 33042 Department Included: • Big Pine Key Community Park Center 31009 Atlantis Boulevard Big Pine Key, FL 33043 Departments Included: Monroe County Solid Waste Management Facilities Maintenance Department Parks & Beaches 3 • Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: • Long Key Transfer Station MM 68, U.S. 1 (Gulf) Long Key, FL 33001 Department Included: • Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: • Plantation Key Garage Complex 87831 Overseas Highway Islamorada, FL 33036 Departments Included: • Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Departments Included: • Key Largo Transfer Station MM 100.3, 1180 State Road 905 (Gulf) Key Largo, FL 33037 Department Included: Correction Facilities Facilities Maintenance Department Parks & Beaches Social Services Fleet Department Monroe County Solid Waste Management Correction Facilities Fleet Department Social Services Facilities Maintenance Department Parks & Beaches Road Department Monroe County Solid Waste Management • Murray E. Nelson Government and Cultural Center 102050 Overseas Highway -- MM 102 Key Largo, FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches 3. In accordance with Paragraph 4 of the Second Amended and Restated Agreement, the Contract amounts shall be adjusted by 2.1% 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 31 of the previous year. Effective retroactive to January 1, 2018, payment amounts in Paragraph 3. D. will be as follows: 3. PAYMENTS TO CONTRACTOR D. PAYMENT AMOUNT Item #1— Shirts: Long Sleeve 35 % Cotton 65 % Polyester Item #lA — Shirts: Long Sleeve 100 % Cotton Item #2 — Shirts: Short Sleeve 35 % Cotton 65 % Polyester Item #2A- Shirts:Short Sleeve 100 % Cotton Item #3 — Pants: Long 35 % Cotton 65 % Polyester Item #3A — Pants: Long 100 % Cotton Item #4 —Pants: Shorts 35 % Cotton 65 % Polyester Item #5 Pants: Cargo Shorts 35 % Cotton 65 % Polyester Item #6 — Shirts: Men's Sport DriFit Polo 100% Polyester Contractor Item # GS0007 $2.246 per person per week/$0.204 ea Contractor Item # GSO448 $2.655 per person per week/$0.241 ea Contractor Item #GS0019 $2.246 per person per week/$0.204 ea Contractor Item # GSO449 $2.675 per person per week/$0.243 ea Contractor Item # GP0002 $1.572 per person per week/$0.143 ea Contractor Item # GPO171 $3.369 per person per week/$0.306 ea Contractor Item # GP0096 $1.572 per person per week/$0.143 ea Contractor Item # GP0730 $2,675 per person per week/$0.243 ea Contractor Item # GS1724 $2.246 per person per week/$0.204 ea Item #7 — Shirts: Women's Sport DriFlt Polo Contractor Item # GS1957 100% Polyester $2.246 per person per week/$0.204 ea Item #9 — Pants: Women's Flat Front Long Contractor Item # GP1036 35 % Cotton 65 % Polyester $2.246 per person per week/$0.204 en Item #10 —Shirt Short Sleeve: Safety Yellow Contractor Item # GS0897 100% Polyester $3594 per person per week/$0.327 ea Item #11— Shirt Long Sleeve: Safety Yellow Contractor Item # GS0896 100% Polyester $3.594 per person per week/$0.327 ea Item #12— Pants: Long Cargo Pants Contractor Item # GP0621 35 % Cotton 65 % Polyester $3.145 per person per week/$0.286 ea Item #13— Pants: Long Women's Cargo Pants Contractor Item # GP1037 35 % Cotton 65 % Polyester $3.145 per person per week/$0.286 ea Item #14 — Shorts: Women's Cargo Contractor Item # GPOS49 35 % Cotton 65 % Polyester $2.675 per person per week/$0.243 ea MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE. 4. In accordance with paragraph 4 of the Second Amended and Restated Agreement, the County exercises its first of two (2) options to renew this Agreement for an additional one (1) year period and amends paragraph 4 as follows: 4. TERMS OF AGREEMENT This Agreement shall commence retroactive to January 1, 2018, and ends upon December 31, 2018, unless terminated earlier under paragraph 18 of this Agreement. 5. Except as set forth in paragraphs I through 4 of this First Agreement to the Second Amended and Restated Agreement, in all other respects, the terms and conditions set forth in the Original Restated Agreement, as amended, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) Attest: KEVIN MADOK, CLERK By: Deputy Clerk Date: M0N E COUNTY ATTORNEY`S OMCE PRO,VEDASTO -- PATRICIA EAGLES - ASSISTANT ATf RNEY DATE' for Signature (j Date Print N Nam BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Date: CONTRACTOR: ARAMARK UNIFORM SERVICES, A division of ARAMARK UNIFORM & CAREER APPAREL. LLC Sig re of person authorized to le o tion ly bind rpor� Date: I C K Print Title 6 NMI Sign d ure Date Print Name Address: Telephone Number SECOND AMENDED AND RESTATED AGREEMENT BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM SERVICES This Second Amended and Restated Agreement is made and entered into this 21 st day of June, 2017, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and Aramark Uniform Services, a division of Aramark Uniform & Career Apparel, LLC. ("CONTRACTOR'), a foreign corporation authorized to do business in the State of Florida, whose Principal Address is 115 N. First Street, Burbank, CA 91502, and whose Florida address for purposes of this Agreement is 2351 Blount Road, Pompano Beach, FL 33069 with a remittance address of AUS Central Lockbox, PO Box 731676, Dallas, TX 75373 -1676. WHEREAS, COUNTY desires to provide uniforms for Monroe County Departments of Social Services, Public Works and Engineering, Fleet, Parks and Beaches, and Solid Waste Management; and WHEREAS, CONTRACTOR desires and is able to provide uniform services to COUNTY; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide uniform services to COUNTY, and WHEREAS, the COUNTY and CONTRACTOR previously entered into an Agreement dated November 22, 2016, (hereinafter "Original Agreement "), to provide uniforms for the aforementioned Departments, except for Solid Waste Management, and WHEREAS, the COUNTY and CONTRACTOR previously amended and restated the Original Agreement on January 18, 2017 "Amended and Restated Agreement "), to correct errors in the Original Agreement and to add a delivery location, service items, and a Notice Requirement address change, and WHEREAS, this Second Amended and Restated Agreement is necessary to correct certain errors subsequently discovered in the aforementioned Agreements and to amend the Original Agreement to amend the Contractor's name and addresses, add three delivery locations, and a service item with payment amount and WHEREAS, under Paragraph 2, Scope of Services, Section N, Service Locations, three service locations for the Solid Waste Management Department need to be added, and WHEREAS, under Paragraph 3, Payments to the Contractor, Section D, Payment Amount, additional uniform items with payment amounts to be added, and WHEREAS, the Contractor's Trade Name, Legal Name and principal place of business needs to be corrected, and WHEREAS, the Contractor's remittance address needs to be added, and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, any addenda and the restated agreement. 2. SCOPE OF SERVICES: A. RENTAL SERVICE a. Upon award of contract, the COUNTY shall furnish the Contractor with a list of employee's names, with the employee's department, and size, color, style, material and type of uniforms required. The County may add other Department employees to the Scope of Service upon thirty (30) days' notice to the Contractor. b. The Contractor shall supply no more than eleven (11) new clean shirts and eleven (11) new clean pairs of pants or shorts, as indicated, for each employee on the list provided by the County. c. The amount of new uniforms to be distributed to County employees will be determined by the County upon award of the Contract. The County may adjust the amount of new uniforms needed by various County departments. d. The garments shall be in the sizes, color, style, and material type as referenced on the list provided to the Contractor. Failure to provide the correct size, color, style, material and type may result in the COUNTY rejecting the uniform provided. e. Each week, the Contractor shall obtain soiled uniforms from the locations described in the section titled Service Locations, below. Soiled uniforms shall be replaced with the exact size, color, style, and material type amount of clean garments. Failure to provide the exact size, color, style, material and type may result in the COUNTY rejecting the clean garments provided and adjusting payment accordingly. i. There shall be weekly pickup and delivery of the same items laundered and pressed. ii. All items will be laundered, pressed (if appropriate or requested), repaired, maintained, and replaced by the Contractor. f. Replacement costs for worn or damaged items shall be borne by the Contractor. If the COUNTY request for certain items of worn and damaged clothing to be replaced, the CONTRACTOR shall replace in the next delivery. g. All the garments shall be, and at all times, remain the property of the Contractor. B. DIRECT PURCHASE a. All items listed shall be made available for direct purchase by the Department/Using Agency or employee. Laundering, repair, maintenance, and replacement of the items purchased by the Department/Using Agency or employee are at the cost and the responsibility of the Using Agency or employee. C. MEASUREMENTS AND FITTING a. It shall be the responsibility of the Contractor to measure each employee to ensure proper fit. b. Measurements shall be completed within thirty (30) days from notification of award. c. Measuring shall include physical measurement taken by the Contractor and shall include trying on sample uniforms of the exact style, material type and size of that being ordered. d. Location for measuring will be at the Service Locations, but is at the discretion of each Department/Using Agency and may be revised accordingly. e. No verbal measurements will be acceptable. f. Uniforms that do not fit properly will not be accepted and shall be replaced by the Contractor at no cost to the COUNTY. g. Normal working hours varies by Department/Using Agency and no measuring shall be done outside normal working hours. D PATCHES & LOGOS a. Each shirt shall have two (2) areas of embroidery; one on the right side of the chest with County logo and "Public Works ", "Engineering ", "Social Services ", "Solid Waste Management" or whichever is applicable for that department below the logo, and one on the left side of the chest indicating the employee's name. b. Be attached to the uniform shirt by stitching only. c. Be designed and located per each Department/Using Agency's instructions. d. Shall be approved by each Department/Using Agency prior to use. e. Be removed when garment is no longer in service by the Department/Using Agency. f. The name should be I" tall by 3%" long; logo with "Monroe County" should be 2 %" round, as shown in the example below: E. EMPLOYEE ADDITIONS, SUBTRACTIONS OR LEAVES OF ABSENCE a. The Monroe County Department of Public Works and Engineering designee (Contract Monitor) will inform the Contractor of any additions or deletions from the employee list as they occur. b. All new employees shall be measured for uniforms within two (2) working days of notification. c. New employees shall be measured at a location of the Department/Using Agency's choice. d. Delivery shall be within two (2) working days of measure. e. When an employee is on leave in excess of ten (10) working days, charges shall be suspended if the Contractor has been given five (5) working days' notice. f. In the event of an unforeseen leave situation, an employee can give five (5) working days' notice to the Contractor upon realization that the employee will be out for ten (10) working days or more. g. The Contractor will charge the employee for uniforms through the five (5) day notice period only. Uniforms will not be delivered to employees on leave until written notice of return to work is received. Said notice will be given at least five (5) working days prior to the employee's return to work. F. PICK -UP AND DELIVERY a. The COUNTY shall designate a person(s) who will be responsible to sign for all uniforms picked up and delivered within their respective departments (County's Designated Representative), and notify the Contract Monitor of any and all changes covering contract services, i.e., adding or deleting an employee, etc. b. Upon delivery, an employee of the Contractor, in the presence of the County's Designated Representative, will count the number and types of garments delivered, and shall provide the County with a receipt stating the number and types of garments delivered, which receipt shall be acknowledged by the signature of the County's Designated Representative as to accuracy and receipt. At the same time, and the same locations, the Contractor shall collect and count, in the presence of the County's Designated Representative, all the garments previously supplied, which have become soiled, for laundering and subsequent re- delivery, and shall provide the County with a receipt both as to the numbers and types of garments collected, which receipt shall be acknowledged by the signature of the County's Designated Representative as to accuracy and receipt. These receipts must be signed by the County's Designated Representative or the invoice cannot be processed for payment. c. Pick -up and delivery shall be made one (l) time per week. d. The location, day and estimated time shall be agreed upon by the Contractor and Department/Using Agency. e. The agreed upon location, day and estimated time (under normal circumstance) shall not change without prior mutual agreement. f. Deliveries shall be made between the hours of 7:00 am and 4:00 pm except on Saturdays, Sundays, holidays or when the Department/Using Agency or location is closed. g. Holidays or a change in work hours may cause the pick -up and delivery day to change temporarily. The COUNTY and CONTRACTOR shall establish a schedule for deliver and pick -up in advance based upon known COUNTY Holidays or change in work hours. h. Items returned each week must equal the number of items picked up. i. Shortages must be noted on the delivery sheet at the time of delivery. j. Uniforms not returned by the Contractor from the preceding week shall be deducted from the invoice. 4 k. Upon the Department/Using Agency's request, the Contractor may be required to provide a weekly count on all items. I. The Department/Using Agency has forty -eight (48) hours to call in any discrepancies in the Uniform delivery. Contractor shall promptly make corrections to Uniform delivery. Contractor's failure to do so shall result in the invoices being deducted accordingly. m. Uniforms for employees shall be clipped together and labeled with the employee's name. n. Delivery tickets shall accompany each weekly delivery and shall include, but not be limited to, the employee's name, identification number, garment inventories, sizes, soil pickup, and clean delivery amounts. G. REPAIRS, REPLACEMENTS AND DEFECTS a. Repairs for rented or leased items (zippers, buttons, split seams, rips, tears, etc.) shall be the responsibility of the Contractor. b. It is the responsibility of the Department/Using Agency or employee to tag each repair with a completed service request tag, provided by the Contractor. c. All items shall be submitted with the weekly rental service and repaired or replaced by the next delivery. d. Should the repair not be completed within a one (1) week time frame, the Contractor shall not charge for that item or it will be deducted from the invoice until repairs are accomplished. e. Worn out, faded, damaged or size changed garments shall be replaced by the Contractor on an as needed basis as directed by the County at no additional cost to the County. f. Replacement costs shall be borne by the Contractor. g. All items to be replaced shall be returned to the Contractor. h. There will be no fee or charge for returned items should any garment being returned to Contractor be deemed unusable by Contractor. i. Failure to replace any item within thirty (30) days, as stated above, shall constitute a breach of contract on the part of the Contractor and shall be grounds for termination of said contract. H. LOST ITEMS a. Any item not returned the following week shall be considered as missing and so noted on the pick -up /delivery sheet. All items not so noted shall be considered as returned by the Contractor. b. Any item not returned within two (2) weeks after being picked up shall be considered lost and the Contractor shall replace it free of charge upon the next delivery. c. Items lost by a Using Agency will be replaced by Contractor at the Using Agency's expense per the amortization schedule. d. The Using Agency shall assume responsibility for documenting losses. I. DEFECTS a. The items provided by the Contractor during initial start-up shall be new and free from defects. b. After initial start-up, any defective item shall be replaced at no additional cost to the Department/Using Agency with a new item. J. COLORS a. Colors shall be chosen from the manufacturer's standard colors by each Department/Using Agency. b. The mixing of colors of items for a single Department/Using Agency and /or employee may be chosen by a Department/Using Agency and shall be acceptable to the Contractor. K. LAUNDERING REQUIREMENTS a. Items shall be laundered to the highest industry standards with hypoallergenic detergents, neatly pressed (if required) and returned to each Department/Using Agency each week. Whenever possible the detergents should be green and environmentally friendly: biodegradable, phosphate free and made from renewable resources. b. Items that have stains such as grease, oil, paint, dirt, etc. require removal of the stain. c. It shall be the employee's choice if there is to be starch used. d. Items with excessive spots or stains shall be replaced with a new garment and at no extra cost, at the discretion of the Department/Using Agency. L. DICONTINUED STYLES a. Should a style be discontinued during the contract period, the Contractor shall locate and recommend a comparable style to the Department/Using Agency within five (5) working days after notification of discontinued style. b. A sample may be requested before final approval by the County. M. SPECIALIZED GARMENTS a. It shall be the responsibility of the Contractor to provide garments for all employees. b. If an employee cannot wear the style or standard sizes known within the industry, the Contractor shall provide garments, as needed, from another source. c. The Department/Using Agency shall approve all special sized garments and any additional cost incurred to obtain them. N. SERVICE LOCATIONS • Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: • Monroe County Courthouse Annex Facilities Maintenance Department Higgs Beach Road Department Social Services Fleet Department 6 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department • Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities • Cudjoe Key Transfer Station MM 21.5, 740 Blimp Road Cudjoe Key, FL 33042 Department Included: Monroe County Solid Waste Management • Big Pine Key Community Park Center 31009 Atlantis Boulevard Big Pine Key, FL 33043 Departments Included: Facilities Maintenance Department Parks & Beaches • Marathon PublicVorks 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: Convection Facilities Facilities Maintenance Department Parks & Beaches Social Services Fleet Department • Long Key Transfer Station MM 68, U.S. 1 (Gulf) Long Key, FL 33001 Department Included: Monroe County Solid Waste Mana eg ment • Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: • Plantation Key Garage Complex 87831 Overseas Highway Islamorada, FL 33036 Departments Included: • Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Departments Included: Correction Facilities Fleet Department Social Services Facilities Maintenance Department Parks & Beaches 7 Road Department • Key Largo Transfer Station MM 100.3, 1180 State Road 905 (Gulf) Key Largo, FL 33037 Department Included: Monroe County Solid Waste Management Murray E. Nelson Government and Cultural Center 102050 Overseas Highway — MM 102 Key Largo, FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches Card Sound Road Toll Authority 11180 State Road 905 Key Largo, FL 33037 Department Included: Road Department O. SUBMITTALS a. The Contractor shall be responsible to provide in their proposal, as an additional alternate item, a system, or insurance, to allow for the replacement of damaged or lost garments. b. Bid prices shall include all installation, preparation, i.e. prep charges, swing suit, name tag, County emblems, and style /color, replacement of worn out or damaged garments, and shall be on a "per employee" basis. Shirts shall be white, light brown, or light blue. Pants and/or shorts shall be light brown, dark brown, or dark blue. There will be no additional fee or charge for these services when uniforms are replaced for any reason and /or new employees are added. c. Should Monroe County require additional services or items provided by Contractor but said services and /or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and /or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the contract parameters will be adhered to. d. Should Monroe County require additional services or items that can be provided by Contractor, those items must be itemized, including unit cost and mark up percentage, and submitted with this bid package proposal. e. The balance of the product- line shall be made available and will be used for both lease and purchased items. Submit two (2) catalogs with the bid package for this purpose. Contractor shall supply catalogs after award to each Using Agency. f. Sample swatches must be included with the bid response. Sample swatches should be 4 "X4" of fabric and colors available for each Item being bid. Each sample shall be labeled with bidder's name, bid number and bid. 3. PAYMENTS TO CONTRACTOR A. COUNTY's performance 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; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. C. 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. D. PAYMENT AMOUNT Item #1 - Shirts: Long Sleeve Contractor Item # GS0007 35 % Cotton 65 % Polyester $2.20 per person per week/$0.20 ea Item #1A - Shirts: Long Sleeve Contractor Item # GSO448 100 % Cotton $2.60 per person per week/$0.24 ea Item #2 - Shirts: Short Sleeve Contractor Item #GS0019 35 % Cotton 65 % Polyester $2.20 per person per wcek/$0.20 ea Item #2A- Shirts: Short Sleeve Contractor Item # GSO449 100% Cotton $2.62 per person per week/$0.24 ea Item #3 —Pants: Long Contractor Item # GP0002 35 % Cotton 65 % Polyester $1.54 per person per week/$0.14 ea Item 0A — Pants: Long Contractor Item # GPO171 100 % Cotton $3.30 per person per week/$0.30 ea Item #4 — Pants: Shorts Contractor Item # GP0096 35 % Cotton 65 % Polyester $1.54 per person per week/$0.14 ea Item #5 — Pants: Cargo Shorts Contractor Item # GP0730 35 % Cotton 65 % Polyester $2.62 per person per week/$0.24 ea Item #6 - Shirts: Men's Sport DriFit Polo Contractor Item # GS1724 100% Polyester $2.20 per person per week/$0.20 ea Item #7 - Shirts: Women's Sport DriFit Polo Contractor Item # GS1957 100% Polyester $2.20 per person per week/$0.20 ea Item #8 — Shorts: Women's Cargo Contractor Item # GP1038 35 % Cotton 65 % Polyester $2.62 per person per week/$0.24 ea Item #9 — Pants: Women's Flat Front Long Contractor Item # GP1036 . 35 % Cotton 65 % Polyester $2.20 per person per week/$0.20 ea Item #10 — Shirt Short Sleeve: Safety Yellow Contractor Item # GS0897 9 100% Polyester Item #11— Shirt Long Sleeve: Safety Yellow 100% Polyester Item #12— Pants: Long Cargo Pants 35 % Cotton 65 % Polyester Item #13— Pants: Long Women's Cargo Pants 35 % Cotton 65 % Polyester Item #14 — Shorts: Women's Cargo 35 % Cotton 65 % Polyester ,$3.52 per person per week/$0.32 ea Contractor Item # GS0896 $3.52 per person per week/$0.32 ea Contractor Item # GP0621 $3.08 per person per week/$0.28 ea Contractor Item # GPI 037 $3.08 per person per week/$0.28 ea Contractor Item # GP0849 $2.62 per person per week/$0.24 ea MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE. 4. TERMS OF AGREEMENT This Agreement shall commence on January 01, 2017, and ends upon December 31, 2017, 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 thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI -U) for the year ending December 31 of the previous year. 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses 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 party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest 10 calculated pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and pen reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 1 l 9, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONES 305- 292 -3470 BRADLEY - BRIANO MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 8. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier tennination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the 12 Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY 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 $1.000.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1.000.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNT COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance 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. 13 11. NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination 'by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibits 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 COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 22. ASSIGNMENT /SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services /goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this 14 Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals 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 Section 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE 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 1100 Simonton Street 2 " Floor, Room 2 -216 Key West, FL 33040 And FOR CONTRACTOR Aramark Uniform Services, a division of Armark Uniform & Career Apparel, LLC 2351 Blount Road Pompano Beach, FL 33069 Phone: (954) 590 -5160. Ext. 105 Fax: (954) 369-9029 Fournier - Jeremy @aramark.com Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 Jeremy Fournier, General Manager 15 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION a. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. The parties may, but are not required to, give the other party an opportunity to cure the default within seven (7) days upon written notice of the said default. b. Either party may terminate this agreement without cause upon sixty (60) days written notice. 19. GOVERNING LAW, VENUE, INTERPRETATION. COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of 16 this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 23. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida 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. 25. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If 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. 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement.. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT 17 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. 29. 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. 30. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 31. 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. 32. 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. 33. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. ATTESTATIONS 18 I 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. 35. 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. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. 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. 38. 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." 39. 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. 40. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract, agreement. 41. 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. 19 42. Except as set forth herein of this Amended and Restated Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as restated herein remain in full force and effect. -%AwL ".Aec "- t!(SI IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this and Restated Agreement on the day and date first written above in four (4) each of which shall, without proof or accounting for the other counterparts, be th iginal contract. �==wttest:;. IN MADOK, CLERK Deputy Clerk Date: Zi, y, l Witnesses for CONTRACTOR: 1 Si ature o? Dat Signature Date o ..a- cr cv Q V tV LU O ec= v p L� Vo lit cc J e� 2 L 0 I, BOARD OF COUNTY COMMISSIONERS B MX;UNT�3 LOI By: 5 Mayor Da te:_< . z4, 7 - 17 V CONTRACTOR: ARAMARK UNIFORM SERVICES, A division of ARAMARK UNIFORM & Sign re of person authorized to leg6fly bind o ovation Date: 2,= - 7 CrGh� - ziv�vt ►� — � /V I Print Namet Tit�j 3s 3Ja,� /�" Address: c►m �o Tana c.�n �G 3 � Telephone Number MONROE COUNTY ATTORNEY'S OFFICE /, APgOV�D AS TO EORK, n PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: 20 AMENDED AND RESTATED AGREEMENT BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM SERVICES T ", Amended and Restated Agreement is made and entered into this day of 2017, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Aramark Services, Inc. ( "CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida, whose Principal Address is 1101 Market Street, Philadelphia, PA 19101, and whose Florida address for purposes of this Agreement is 2351 Blount Road, Pompano Beach, FL 33069. WHEREAS, COUNTY desires to provide uniforms for Monroe County Departments of Social Services, Public Works and Engineering, Fleet, and Parks and Beaches; and WHEREAS, CONTRACTOR desires and is able to provide uniform services to COUNTY; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide uniform services to COUNTY, and WHEREAS, the COUNTY and CONTRACTOR previously entered into an Agreement dated November 22, 2016, (hereinafter "Original Agreement "), to provide uniforms for the aforementioned Departments, and WHEREAS, this Amended and Restated Agreement is necessary to correct certain errors subsequently discovered in the earlier Agreement and to amend the Original Agreement to add a delivery location, add service items with payment amounts, and a Notice Requirement address change; and WHEREAS, under Paragraph 2, Scope of Services, Section N, Service Locations, a service location for the Fleet Department needs to be added, and WHEREAS, under Paragraph 3, Payments to the Contractor, Section D, Payment Amount, additional uniform items with payment amounts to be added, and WHEREAS, under Paragraph 16, Notice of Requirement, FOR COUNTY, the address needs to be changed, and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1.- THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only. 2. SCOPE OF SERVICES: A. RENTAL SERVICE a. Upon award of contract, the COUNTY shall furnish the Contractor with a list of employee's names, with the employee's department, and size, color, style, material and type of uniforms required. The County may add other Department employees to the Scope of Service upon thirty (30) days' notice to the Contractor. b. The Contractor shall supply no more than eleven (I1) new clean shirts and eleven (11) new clean pairs of pants or shorts, as indicated, for each employee on the list provided by the County. c. The amount of new uniforms to be distributed to County employees will be determined by the County upon award of the Contract. The County may adjust the amount of new uniforms needed by various County departments. d. The garments shall be in the sizes, color, style, and material type as referenced on the list provided to the Contractor. Failure to provide the correct size, color, style, material and type may result in the COUNTY rejecting the uniform provided. e. Each week, the Contractor shall obtain soiled uniforms from the locations described in the section titled Service Locations, below. Soiled uniforms shall be replaced with the exact size, color, style, and material type amount of clean garments. Failure to provide the exact size, color, style, material and type may result in the COUNTY rejecting the clean garments provided and adjusting payment accordingly. i. There shall be weekly pickup and delivery of the same items laundered and pressed. ii. All items will be laundered, pressed (if appropriate or requested), repaired, maintained, and replaced by the Contractor. f. Replacement costs for worn or damaged items shall be borne by the Contractor. If the COUNTY request for certain items of worn and damaged clothing to be replaced, the CONTRACTOR shall replace in the next delivery. g. All the garments shall be, and at all times, remain the property of the Contractor. B. DIRECT PURCHASE a. All items listed shall be made available for direct purchase by the Department/Using Agency or employee. Laundering, repair, maintenance, and replacement of the items purchased by the Department/Using Agency or employee are at the cost and the responsibility of the Using Agency or employee. C. MEASUREMENTS AND FITTING a. It shall be the responsibility of the Contractor to measure each employee to ensure proper fit. b. Measurements shall be completed within thirty (30) days from notification of award. c. Measuring shall include physical measurement taken by the Contractor and shall include trying on sample uniforms of the exact style, material type and size of that being ordered. d. Location for measuring will be at the Service Locations, but is at the discretion of each Department /Using Agency and may be revised accordingly. e. No verbal measurements will be acceptable. f. Uniforms that do not fit properly will not be accepted and shall be replaced by the Contractor at no cost to the COUNTY. g. Normal working hours varies by Department/Using Agency and no measuring shall be done outside normal working hours. D. PATCHES & LOGOS a. Each shirt shall have two (2) areas of embroidery; one on the right side of the chest with County logo and "Public Works ", "Engineering ", "Social Services ", or whichever is applicable for that department below the logo, and one on the left side of the chest indicating the employee's name. b. Be attached to the uniform shirt by stitching only. c. Be designed and located per each Department /Using Agency's instructions. d. Shall be approved by each Department/Using Agency prior to use. e. Be removed when garment is no longer in service by the Department /Using Agency. f. The name should be 1" tall by 3'/2" long; logo with "Monroe County" should be 2 %2" round, as shown in the example below: �uet;�c wri�tss. E. EMPLOYEE ADDITIONS, SUBTRACTIONS OR LEAVES OF ABSENCE a. The Monroe County Department of Public Works and Engineering designee (Contract Monitor) will inform the Contractor of any additions or deletions from the employee list as they occur. b. All new employees shall be measured for uniforms within two (2) working days of notification. c. New employees shall be measured at a location of the Department/Using Agency's choice. d. Delivery shall be within two (2) working days of measure. e. When an employee is on leave in excess of ten (10) working days, charges shall be suspended if the Contractor has been given five (5) working days' notice. f. In the event of an unforeseen leave situation, an employee can give five (5) working days' notice to the Contractor upon realization that the employee will be out for ten (10) working days or more. g. The Contractor will charge the employee for uniforms through the five (5) day notice period only. Uniforms will not be delivered to employees on leave until written notice of return to work is received. Said notice will be given at least five (5) working days prior to the employee's return to work. F. PICK -UP AND DELIVERY a. The COUNTY shall designate a person(s) who will be responsible to sign for all uniforms picked up and delivered within their respective departments (County's Designated Representative), and notify the Contract Monitor of any and all changes covering contract services, i.e., adding or deleting an employee, etc. b. Upon delivery, an employee of the Contractor, in the presence of the County's Designated Representative, will count the number and types of garments delivered, and shall provide the County with a receipt stating the number and types of garments delivered, which receipt shall be acknowledged by the signature of the County's Designated Representative as to accuracy and receipt. At the same time, and the same locations, the Contractor shall collect and count, in the presence of the County's Designated Representative, all the garments previously supplied, which have become soiled, for laundering and subsequent re- delivery, and shall provide the County with a receipt both as to the numbers and types of garments collected, which receipt shall be acknowledged by the signature of the County's Designated Representative as to accuracy and receipt. These receipts must be signed by the County's Designated Representative or the invoice cannot be processed for payment. c. Pick -up and delivery shall be made one (1) time per week. d. The location, day and estimated time shall be agreed upon by the Contractor and Department/Using Agency. e. The agreed upon location, day and estimated time (under normal circumstance) shall not change without prior mutual agreement. f. Deliveries shall be made between the hours of 7:00 am and 4:00 pm except on Saturdays, Sundays, holidays or when the Department/Using Agency or location is closed. g. Holidays or a change in work hours may cause the pick -up and delivery day to change temporarily. The COUNTY and CONTRACTOR shall establish a schedule for deliver and pick -up in advance based upon known COUNTY Holidays or change in work hours. h. Items returned each week must equal the number of items picked up. i. Shortages must be noted on the delivery sheet at the time of delivery. j. Uniforms not returned by the Contractor from the preceding week shall be deducted from the invoice. k. Upon the Department/Using Agency's request, the Contractor may be required to provide a weekly count on all items. 1. The Department/Using Agency has forty -eight (48) hours to call in any discrepancies in the Uniform delivery. Contractor shall promptly make corrections to Uniform delivery. Contractor's failure to do so shall result in the invoices being deducted accordingly. m. Uniforms for employees shall be clipped together and labeled with the employee's name. n. Delivery tickets shall accompany each weekly delivery and shall include, but not be limited to, the employee's name, identification number, garment inventories, sizes, soil pickup, and clean delivery amounts. 4 G. REPAIRS, REPLACEMENTS AND DEFECTS a. Repairs for rented or leased items (zippers, buttons, split seams, rips, tears, etc.) shall be the responsibility of the Contractor. b. It is the responsibility of the Department/Using Agency or employee to tag each repair with a completed service request tag, provided by the Contractor. c. All items shall be submitted with the weekly rental service and repaired or replaced by the next delivery. d. Should the repair not be completed within a one (1) week time frame, the Contractor shall not charge for that item or it will be deducted from the invoice until repairs are accomplished. e. Worn out, faded, damaged or size changed garments shall be replaced by the Contractor on an as needed basis as directed by the County at no additional cost to the County. f. Replacement costs shall be borne by the Contractor. g. All items to be replaced shall be returned to the Contractor. h. There will be no fee or charge for returned items should any garment being returned to Contractor be deemed unusable by Contractor. i. Failure to replace any item within thirty (30) days, as stated above, shall constitute a breach of contract on the part of the Contractor and shall be grounds for termination of said contract. H. LOST ITEMS a. Any item not returned the following week shall be considered as missing and so noted on the pick -up /delivery sheet. All items not so noted shall be considered as returned by the Contractor. b. Any item not returned within two (2) weeks after being picked up shall be considered lost and the Contractor shall replace it free of charge upon the next delivery. c. Items lost by a Using Agency will be replaced by Contractor at the Using Agency's expense per the amortization schedule. d. The Using Agency shall assume responsibility for documenting losses. I. DEFECTS a. The items provided by the Contractor during initial start-up shall be new and free from defects. b. After initial start -up, any defective item shall be replaced at no additional cost to the Department/Using Agency with a new item. J. COLORS a. Colors shall be chosen from the manufacturer's standard colors by each Department/Using Agency. b. The mixing of colors of items for a single Department/Using Agency and/or employee may be chosen by a Department/Using Agency and shall be acceptable to the Contractor. K. LAUNDERING REQUIREMENTS a. Items shall be laundered to the highest industry standards with hypoallergenic detergents, neatly pressed (if required) and returned to each Departrnent/Using Agency each week. Whenever possible the detergents should be green and environmentally friendly: biodegradable, phosphate free and made from renewable resources. b. Items that have stains such as grease, oil, paint, dirt, etc. require removal of the stain. c. It shall be the employee's choice if there is to be starch used. d. Items with excessive spots or stains shall be replaced with a new garment and at no extra cost, at the discretion of the Department/Using Agency. L. DICONTINUED STYLES a. Should a style be discontinued during the contract period, the Contractor shall locate and recommend a comparable style to the Department/Using Agency within five (5) working days after notification of discontinued style. b. A sample may be requested before final approval by the County. M. SPECIALIZED GARMENTS a. It shall be the responsibility of the Contractor to provide garments for all employees. b. If an employee cannot wear the style or standard sizes known within the industry, the Contractor shall provide garments, as needed, from another source. c. The Department/Using Agency shall approve all special sized garments and any additional cost incurred to obtain them. N. SERVICE LOCATIONS • Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: Facilities Maintenance Department Higgs Beach Road Department Social Services Fleet Department • Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department • Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities •. Big Pine Key Community Park Center 31009 Atlantis Boulevard 6 Big Pine Key, FL 33043 Departments Included: • Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: • Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: Plantation Key Garage Complex 87831 Overseas Highway Islamorada, FL 33036 Departments Included: Monroe County Public Works 300 Magnolia Street Facilities Maintenance Department Parks & Beaches Correction Facilities Facilities Maintenance Department Parks & Beaches Social Services Fleet Department Correction Facilities Fleet Department Social Services Key Largo FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches Road Department • Murray E. Nelson Government and Cultural Center 102050 Overseas Highway — MM 102 Key Largo, FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches • Card Sound Road Toll Authority 11180 State Road 905 Key Largo, FL 33037 Department Included: Road Department O. SUBMITTALS a. The Contractor shall be responsible to provide in their proposal, as an additional alternate item, a system, or insurance, to allow for the replacement Of damaged or lost garments. b. Bid prices shall include all installation, preparation, i.e. prep charges, swing suit, name tag, County emblems, and style /color, replacement of worn out or damaged garments, and shall be on a "per employee" basis. Shirts shall be white, light brown, or light blue. Pants and/or shorts shall be light brown, dark brown, or dark blue. There will be no additional fee or charge for these services when uniforms are replaced for any reason and/or new employees are added. c. Should Monroe County require additional services or items provided by Contractor but said services and/or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the contract parameters will be adhered to. d. Should Monroe County require additional services or items that can be provided by Contractor, those items must be itemized, including unit cost and mark up percentage, and submitted with this bid package proposal. e. The balance of the product line shall be made available and will be used for both lease and purchased items. Submit two. (2) catalogs with the bid package for this purpose. Contractor shall supply catalogs after award to each Using Agency. f. Sample swatches must be included with the bid response. Sample swatches should be 4 "X4" of fabric and colors available for each Item being bid. Each sample shall be labeled with bidder's name, bid number and bid. 3. PAYMENTS TO CONTRACTOR A. COUNTY's performance and obligation to pay under this agreement, is contingent upon annual appropriation by Board of County Commissioners. B. 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: C. 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. D. PAYMENT AMOUNT Item #1 - Shirts: Long Sleeve Contractor Item # GS0007 35 % Cotton 65 % Polyester $2.20 per person per week/$0.20 ea Item #lA - Shirts: Long Sleeve 100 % Cotton Contractor Item # GSO448 $2.60 per person per week/$0.24 ea Item #2 - Shirts: Short Sleeve 35 % Cotton 65 % Polyester Item #2A- Shirts: Short Sleeve 100 % Cotton Contractor Item #GS0019 $2.20 per person per week/$0.20 ea Contractor Item # GSO449 $2.62 per person per week/$0.24 ea Item #3 —Pants: Long 35 % Cotton 65 % Polyester Item #3A — Pants.: Long 100 % Cotton Item #4 - Pants: Shorts 35 % Cotton 65 % Polyester Item #5 - Pants: Cargo Shorts 35 % Cotton 65 % Polyester Item #6 - Shirts: Men's Sport DriFit Polo 100% Polyester Item #7 - Shirts: Women's Sport DriFit Polo 100 % Polyester Item #8 — Shorts: Women's Cargo 35 % Cotton 65 % Polyester Item_ #9 — Pants: Women's Flat Front Long 35 % Cotton 65 % Polyester Item .#10 —Shirt Short Sleeve: Safety Yellow 100% Polyester Item #11- Shirt Long Sleeve: Safety Yellow 100% Polyester Item #12— Pants: Long Cargo Pants 35 % Cotton 65 % Polyester Item #13— Pants: Long Women's Cargo Pants 35 % Cotton 65 % Polyester Contractor Item # GP0002 $1.54 per person per week/$0.14 ea Contractor Item # GPO171 $3.30 per person per week/$0.30 ea Contractor Item # GP0096 $134 per person per week/$0.14 ea Contractor Item # GP0730 $2.62 per person per week/$0.24 ea Contractor Item # GS1724 $2.20 per person.per, week/$0.20 ea Contractor Item # GS1957 $2.20 per person_ per week/$0.20 ea Contractor Item # GP1038 $2.62 per person per week/$0.24 ea Contractor Item # GP1036 $2.20 per person per week/$0.20 ea Contractor Item # GS0897 $3.52 per person per week/$0.32 ea Contractor Item # GS0896 $152 per person per week/$0.32 ea Contractor Item # GP0621 $3.08 per person per week/$0.28 ea Contractor Item # GP1037. $3.08 per person per week/$0.28 ea MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE. 4. TERMS OF AGREEMENT This Agreement shall commence on January 01, 2017, and ends upon December 31, 2017, 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 thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the'initial term of one (1) year. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI -U) for the year ending December 31 of the previous year. 5. ACCEPTANCE OF CONDITIONS BY, CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses 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 party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of 10 i. the contract term and following comp_ letion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required b.y'the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the - County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE .CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, .FLORIDA STATUTES, TO. 'TIIE _- CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING RECORDS, BRIAN . BRADLEY__.AT PHONE# -3.05-292-347W. BRADLEY BRIANC MONROECOUNTY- FL.GOV. MONROE COUNTY ATTORNEY'S OFFICE ,1111 12 Street, SUITE - 405, KEY. WEST FL 33040. & HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty. or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the 11 term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include "the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. Prior to execution of this 'Agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at 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 $1,060,600.6.0 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than 51,000.000.00 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. 12 MONROE COUNTY BOARD OF COUNT COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON- WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance 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 CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibits 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 COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT /SUB CONTRACT 13 CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services /goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE 'REOUIREMENT 14 Any notice required c delivered or mailed, postage requested, to the following: permitted under this agreement shall be in writing and hand prepaid, to the other party by certified mail, returned receipt FOR COUNTY Monroe County Facilities Maintenance Department 1100 Simonton Street 2 nd Floor, Room 2 -216 Key West, FL 33040 And Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 FOR CONTRACTOR Aramark Services, Inc. 2351 Blount Road Pompano Beach, FL 33069 Phone: (954) 590 -5160 x 105 Fax: (954) 369 -9029 Fourn ier- Jeremy @ aramark.coin Jeremy Fournier, General Manager 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION . a. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. The parties may, but are not. required to, give the other party an opportunity to cure the default within seven (7) days upon_ written notice of the said default. b. Either party may terminate this agreement without cause upon sixty (60) days written notice. 19. GOVERNINGLAW, VENUE ;° INTERPRETATIONXOSTS; ANUFEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the 15 Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 23. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which. would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida 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. 25. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ZG. ADMUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and 16 I i 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. 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to- this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. 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. 29. _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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. 30. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state 'funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 31. 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. 32. 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 17 constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON - RELIANCE BY NON- PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. 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. 35. 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. 36. . EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. 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. 38. 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 287.01.7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 18 39. 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. 40. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 41. 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. 42. Except as set forth herein of this Amended and Restated Agreement, in all other respects, the terms. and conditions set forth in the Original Agreement as restated herein remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this ie ded and Restated Agreement on the day and date first written above in four (4) Me& ea ch of which shall, without proof or accounting for the other counterparts, be an h. e. 'nal contract. BOARD OF COUNTY COMMISSIONERS �MADOK, CLERK OF MONROE COUNTY, FLOIDA QQ 2.� B s . era Clerk Mayor Date:_ ` Witnesses for CONTRACTOR: Es,�ih✓y� ��. Signatuire' Date Date:. °' - 7 CONTRACTOR: AR t VICES., INC. Signat e' of person authorized to legally bind C� oration Dafe: � /� ► 7 r te . Print Name 23 S� & Titl� � 3a6g Address: 7 1 �—Y— 940 Telephone Number MO OE COUNTY ATTORNEY'S OFFICE q PROVEp AST EOM PATRICIA FABLES 19 A$SI$TANT CO NTY ATfOflNEY DATE.. -r- --,= -AMY R '' '_ FAVI'UN PA C LERK o «ours tau r- COMP OL R NROE COUNTY, FLORIDA DATE: December 12, 2016 TO; Doug Sposito, Director ✓ Project Management ATTN. Ann Riger, Contracts Administrator FROM. Cheryl Robertson Executive Aide to the Clerk-,off Court & Comptroller At the''' November 22, 2q 1 $oard of County: Coriiinissioner's .meeting the Board granted;'.approvaan I d execution of. the follo�vtng Ttexi. F36 Appxoval .to piggyback tlxe City; of Key Agree Wesfi'Unifazxi :Services inet�t and execute a' contract for Uniform. Services with A;rartiark Corporation for Public Works /Engineering.Divison,.Monroe County: Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc:. County Attorney Finance File 500 Whitehead Street Suite lol, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax. 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax 305- 289 -6025 88820 Overseas Highway, Plantation Key FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 4 AGREEMENT BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM SERVICES This Agreement is made and entered into this day of 2016, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Aramark Services, Inc. ( "CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida, whose Principal Address is 1101 Market Street, Philadelphia, PA 19101 and whose Florida's address is 2351 Blount Road, Pompano Beach, FL 33069. WHEREAS, COUNTY desires to provide uniforms for Monroe County Departments of Social Services, Public Works and Engineering, Fleet, and Parks and Beaches; and WHEREAS, CONTRACTOR desires and is able to provide uniform services to COUNTY; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide uniform services to 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, the bid documents, exhibits, and any addenda only. 2. SCOPE OF SERVICES: A. RENTAL SERVICE a. Upon award of contract, the COUNTY shall furnish the Contractor with a list of employee's names, with the employee's department, and size, color, style, material and type of uniforms required. The County may add other Department employees to the Scope of Service upon 30 day notice to the Contractor. b. The Contractor shall supply no more than eleven (11) new clean shirts and eleven (11) new clean pairs of pants or shorts, as indicated, for each employee on the list provided by the County. c. The amount of new uniforms to be distributed to County employees will be determined by the County upon award of the Contract. The County may adjust the amount of new uniforms needed by various County departments d. The garments shall be in the sizes, color, style, and material type as referenced on the list provided to the Contractor. Failure to provide the correct size, color, style, material and type may result in the COUNTY rejecting the uniform provided. e. Each week, the Contractor shall obtain soiled uniforms from the locations described in section titled Service Locations, below. Soiled uniforms shall be replaced with the exact size, style, and material type amount of clean garments. Failure to provide the exact size, color,.style, material and type may result in the COUNTY rejecting the clean garments provided and adjusting payment accordingly. i. There shall be weekly pickup and delivery of the same items laundered and pressed. ii. All items will be laundered, pressed (if appropriate or requested), repaired, maintained and replaced by the Contractor. f. Replacement costs for worn or damaged items shall be borne by the Contractor. If the COUNTY request for certain items of worn and damages clothing to be replaced, the CONTRACTOR shall replace in the next delivery. g. All the garments shall be, and at all times, remain the property of the Contractor. B. DIRECT PURCHASE a. All items listed shall be made available for direct purchase by the Department/Using Agency or employee. Laundering, repair, maintenance and replacement of the items purchased by the Department/Using Agency or employee are at the cost and the responsibility of the Using Agency or employee. C. MEASUREMENTS AND FITTING a. It shall be the responsibility of the Contractor to measure each employee to ensure proper fit. b. Measurements shall be completed within thirty (30) days from notification of award. c. Measuring shall include physical measurement taken by the Contractor and shall include trying on sample uniforms of the exact style, material type and size of that being ordered. d. Location for measuring will be at the Service Locations, but is at the discretion of each Department/Using Agency and may be revised accordingly. e. No verbal measurements will be acceptable. f. Uniforms that do not fit properly will not be accepted and shall be replaced by the Contractor at no cost to the COUNTY. g. Normal working hours varies by Department/Using Agency and no measuring shall be done outside normal working hours. D. PATCHES & LOGOS a. Each shirt shall have two (2) areas of embroidery; one on the right side of the chest with County logo and "Public Works ", "Engineering ", "Social Services ", or whichever is applicable for that department below the logo, and one on the left side of the chest indicating the employee's name. b. Be attached to the uniform shirt by stitching only. c. Be designed and located per each Department/Using Agency's instructions. d. Shall be approved by each Department/Using Agency prior to use. e. Be removed when garment is no longer in service by the Department/Using Agency. f. The name should be 1" tall by 3'h" long; logo with "Monroe County" should be 2 %" round. As shown in the example below: E. EMPLOYEE ADDITIONS, SUBTRACTIONS OR LEAVES OF ABSENCE a. The Monroe County Department of Public Works and Engineering designee (Contract Monitor) will inform the Contractor of any additions or deletions from the employee list as they occur. b. All new employees shall be measured for uniforms within two (2) working days of notification. c. New employees shall be measured at a location of the Department /Using Agency's choice. d. Delivery shall be within two (2) working days of measure. e. When an employee is on leave in excess of ten (10) working days, charges shall be suspended_ if the Contractor has been given five working days' notice. f. In the event of an unforeseen leave situation, an employee can give five (5) working days' notice to the Contractor upon realization that the employee will be out for ten (10) working days or more. g. The Contractor will charge the employee for uniforms through the five (5) day notice period only. Uniforms will not be delivered to employees on leave until written notice of return to work is received. Said notice will be given at least five (5) working days prior to the employee's return to work. F. PICK -UP AND DELIVERY a. The COUNTY shall designate a person(s) who will be responsible to sign for all uniforms picked up and delivered within their respective departments (County's Designated Representative), and notify the contract monitor of any and all changes covering contract services, i.e., adding or deleting an employee, etc.. b. Upon delivery, an employee of the Contractor, in the presence of the County's Designated Representative, will count the number and types of garments delivered, and shall provide the County with a receipt stating the number and types of garments delivered, which receipt shall be acknowledged by the signature of the County's Designated Representative as to accuracy and receipt. At the same time, and the same locations, the Contractor shall collect and count, in the presence of the County's Designated Representative, all the garments previously supplied, which have become soiled, for laundering and subsequent re- delivery, and shall provide the County with a receipt both as to the numbers and types of garments collected, which receipt shall be acknowledged by the signature of the County's Designated Representative as to accuracy and receipt. These receipts must be signed by the County's designated representative or the invoice cannot be processed for payment. c. Pick -up and delivery shall be made one (1) time per week. d. The location, day and estimated time shall be agreed upon by the Contractor and Department /Using Agency. e. The agreed upon location, day and estimated time (under normal circumstance) shall not change without prior mutual agreement. f. Deliveries shall be made between the hours of 7:00 am and 4:00 pm except on Saturdays, Sundays, holidays or when the Department /Using Agency or location is closed. g. Holidays or a change in work hours may cause the pick -up and delivery day to change temporarily. The COUNTY and CONTRACTOR shall establish a schedule for deliver and pick -up in advance based upon known COUNTY Holidays or change in work hours. h. Items returned each week must equal the number of items picked up. i. Shortages must be noted on the delivery sheet at the time of delivery. j. Uniforms not returned by the Contractor from the preceding week shall be deducted from the invoice. k. Upon the Department /Using Agency's request, the Contractor may be required to provide a weekly count on all items. 1. The Department/Using Agency has 48 hours to call in any discrepancies in the Uniform delivery. Contractor shall promptly make corrections to Uniform delivery. Contractor's failure to do so shall result in the invoices being deducted accordingly. m. Uniforms for employees shall be clipped together and labeled with the employee's name. n. Delivery tickets shall accompany each weekly delivery and shall include, but not limited to, the employee's name, identification number, garment inventories, sizes, soil pickup and clean delivery amounts. G. REPAIRS, REPLACEMENTS AND DEFECTS a. Repairs for rented or leased items (Zippers, buttons, split seams, rips, tears, etc.) shall be the responsibility of the Contractor. b. It is the responsibility of the Department /Using Agency or employee to tag each repair with a completed service request tag, provided by the Contractor. c. All items shall be submitted with the weekly rental service and repaired or replaced by the next delivery. d. Should the repair not be completed within a one (1) week time frame, the Contractor shall not charge for that item or it will be deducted from the invoice until repairs are accomplished. e. Worn out, faded, damaged or size changed garments shall be replaced by the Contractor on an as needed basis as directed by the County at no additional cost to the County. f. Replacement costs shall be borne by the Contractor. g. All items to be replaced shall be returned to the Contractor. h. There will be no fee or charge for returned items should any garment being returned to Contractor be deemed unusable by Contractor. i. Failure to replace any item within 30 days, as stated above, shall constitute a breach of contract* on the part of the Contractor and shall be grounds for termination of said contract. H. LOST ITEMS a. Any item not returned the following week shall be considered as missing and so noted on the pick -up /delivery sheet. All items not so noted shall be considered as returned by the Contractor. b. Any item not returned within two (2) weeks after being picked up shall be considered lost and the Contractor shall replace it free of charge upon the next delivery. c. Items lost by a Using Agency will be replaced by Contractor at the Using Agency's expense per the amortization schedule. d. The Using Agency shall assume responsibility for documenting losses. I. DEFECTS a. The items provided by the Contractor during initial start -up shall be new and free from defects. b. After initial start -up, any defective item shall be replaced at no additional cost to the Department/Using Agency with new item. J. COLORS a. Colors shall be chosen from the manufacturer's standard colors by each Department/Using Agency. b. The mixing of colors of items for a single Department/Using Agency and /or employee may be chosen by a Department/Using Agency and shall be acceptable to the Contractor. K. LAUNDERING REQUIREMENTS a. Items shall be laundered to the highest industry standards with hypoallergenic detergents, neatly pressed (if required) and returned to each Department/Using Agency each week. Whenever possible the detergents should be green and environmentally friendly: biodegradable, phosphate free and made from renewable resources. b. Items that have stains such as grease, oil, paint, dirt, etc. require removal of stain. c. It shall be the employee's choice if there is to be starch used. d. Items with excessive spots or stains shall be replaced with a new garment and at no extra cost, at the discretion of the Department/Using Agency. L. DICONTINUED STYLES a. Should a style be discontinued during the contract period, the Contractor shall locate and recommend a comparable style to the Department/Using Agency within five (5) working days after notification of discontinued style. b. A sample may be requested before final approval by the County. M. SPECIALIZED GARMENTS a. It shall be the responsibility of the Contractor to provide garments for all employees. b. If an employee cannot wear the style or standard sizes known within the industry, the Contractor shall provide garments, as needed, from another source. c. The Department /Using Agency shall approve all special sized garments and any additional cost incurred to obtain them. N. SERVICE LOCATIONS Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: Facilities Maintenance Department Higgs Beach Road Department Social Services • Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department • Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities • Big Pine Key Community Park Center 31009 Atlantis Boulevard Big Pine Key, FL 33043 Departments Included: Facilities Maintenance Department Parks & Beaches • Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: + Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: • Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Correction Facilities Facilities Maintenance Department Parks & Beaches Road Department Social Services Correction Facilities Social Services Departments Included: Facilities Maintenance Department Parks & Beaches Road Department �. Murray E. Nelson Government and Cultural Center 102050 Overseas Highway — MM 102 Key Largo, FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches • Card Sound Road 'Poll Authority 11180 State Road 905, Key Largo, FL 33037 Department Included: Road Department O: SUBMITALS a. The Contractor shall be responsible to provide in their proposal, as an additional alternate item, a system, or insurance, to allow for the replacement of damaged or lost garments. b. Bid prices shall include all installation, preparation, i.e. prep charges, swing suit, name tag, County emblems, and style /color, replacement of worn out or damaged garments, and shall be on a "per employee" basis. Shirts shall be white, light brown, or light blue. Pants and /or shorts shall be light brown, dark brown or dark blue. There will be no additional fee or charge for these services when uniforms are replaced for any reason and /or new employees are added. c. Should Monroe County require additional services or items provided by Contractor but said services and /or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services, and /or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the. contract parameters will be adhered to. d. Should Monroe County require additional services or items that can be provided by Contractor, those items must be itemized, including unit cost and mark up percentage, and submitted with this bid package proposal. e. The balance of the product line shall be made available and will be used ,for both .lease and purchased items. Submit two (2) catalogs with the bid package for this purpose. Contractor shall supply catalogs after award to each Using Agency. f. Sample swatches must be included with the bid response. Sample swatches should be 4 "X4" of fabric and colors available for each Item being bid. Each sample shall be labeled with bidder's name, bid number and bid. 3. PAYMENTS TO CONTRACTOR A. COUNTY's performance 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; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. C. 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. D. PAYMENT AMOUNT Item #1 - Shirts: Long Sleeve 35 % Cotton 65 % Polyester Item #lA - Shirts: Long Sleeve 160 % Cotton Item #2 - Shirts: Short Sleeve 35 % Cotton 65 % Polyester Item #2A - Shirts: Short Sleeve 100 % Cotton Item #3 - .Shirts: Polo 50 % Cotton 50 % Polyester Contractor Item # $2.20 per person per week/$0.20 ea Contractor Item # $2.60 per person per.weekl$0.24 ea Contractor Item # $2.20 per person per week/$0.20 ea Contractor Item # $2.62 per person per week/$0.24 ea Contractor Item # $2.20 per person per week/$0.20 ea Item 94 — Pants: Long 35 % Cotton 65 % Polyester Item #4A — Pants: Long 100 % Cotton Item #5 — Pants: Shorts 35 % Cotton 65 % Polyester Item #5A — Pants: Pants will be cut to Shorts 100 % Cotton Item 96 — Pants: Cargo Shorts 35 % Cotton '65 % Polyester Item #6A — Pants: Cargo Shorts 100 % Cotton Item #7 - Shirts: Men's Sport DriFit Polo 100% Polyester Item #8 - Shirts: Women's Sport DriFit Polo 100% Polyester Item #9 — Shorts: Women's Cargo 35 % Cotton 65 % Polyester Item #9A — Shorts: Women's 35 % Cotton 65 % Polyester Item #10 — Pants: Women's Trill Flat Long 25 % Cotton 75 % Polyester Item #11— Shirt: Safety Contractor Item # $1.54 per person per week/$0.14 ea Contractor Item # $3.30 per person per week/$0.30 ea Contractor Item # $1.54 per person per week/$0.14 ea Contractor Item # $3.30 per person per week/$0.30 ea Contractor Item # $2.62 per person per week/$0.24 ea Contractor Item # $2.62 per person per week/$0.24 ea Contractor Item # $2.20 per person per week/$0.20 ea Contractor Item # $2.20 per person per week/$0.20 ea Contractor Item # $2.62 per person per week/$0.24 ea Contractor Item # $2.62 per person per week/$0.24 ea Contractor Item # $2.20 per person per week/$0.20 ea Contractor Item # 100% Polyester $3.52 per person per week/$0.32 ea MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE. 4. TERMS OF AGREEMENT This Agreement shall commence on January 01, 2017, and ends upon December 31, 2017, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI -U) for the year ending December 31 of the previous year. 5. ACCEPTANCE OF CONDITIONS...BY.CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses 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 party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of,. all documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied.within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF _ THE CONTTbkCTOR HAS QUESTIONS REGARDING...-THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, .TO THE CONTRACTOR'S.-DUTY. TO PROVIDE PUBLIC RECORDS RELATING TO THIS CO e4 CT, CONTACT THE CUSTODIAN OF. PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY- BRIAN(D,,MONROECOUNTY- FL.GOV, MONR6E COUNTY ATTORNEY'S OFFICE 111112 TH :Street, SUITE 408, KEY WEST,..FL 33040. S. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at 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 x'1.000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage 'Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than S1.000;000.00 occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNT C0111JUI MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 9. NON- WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this. Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance 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 CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT /SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE - WITH -LAW AND LICENStREQU12ElY A= 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 government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT -OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15.. PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16.. N OT.I Ch --k ~ ! WRE]VMN 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: F OR COUNTY Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 And Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 FOR CONTRACTOR_ : Aramark 2351 Blount Road Pompano Beach, FL 33,069 Phone: 954 590 -5160 005 Fax: '954 369 -9029 Foirii ier -Jerem y(�at`amarlc:com Jeremy Fournier, General Manager 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18., TERMINATION A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. The parties may, but are not required to, give the other party an opportunity to cure the default within Seven (7) days upon written notice of the said default. B. Either party may terminate this agreement without cause upon sixty (60) days written notice. 19. GOVERNING LAW., VENUE. INTERPRETATION. COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or. between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY if any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: l) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4),The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties .to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida 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. m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at ,a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required bylaw. . 27.. CLAIMSFOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding. solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, -have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 38. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the. County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, a$_kRroof or accounting for the other counterparts, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS ..AVILIN, CLERK OF ONROE FLOIDA K erk Mayor IA ! t:4 Date: 1- J 1 (P Witnesses for CONTRACTOR; Signature Date Signature Telephone Number Date STATE OF FLORIDA COUNTY OF On this day of A6 -&. 29&', before me the undersigned notary public, personally appeated _� (mown. to me to be fife person r h&d 66e ts�:si6b ibed above or who produced I' rr ,. as 'identffl ton;, =and achnowiedged. that' W.she s,; the person who executed' the above "contra . with Monroe. Codfity for Uniform Service's for the purposes.therein contained.. Nota, Pubite ' i'rcnt Nan,ie MONROE COUNTYA"i ORNEY .p is wzaROOwcuEt ,APPROVED AS TO FORM: My comet $_ t` tcs; WCOMMfS MfFF9M1 Seal CHRIS INE Ul. LII�IBERT- BARROWS ASSIST r ?; ica� BDlxiedllYU YPI16bCt1fldWr<t1h1� T NT COUNTY ATTORNEY Date _`I / I Ui e'. Print Name 4 Address: 4�N , a CERTIFICATE OF LIABILITY INSURANCE 12/0 /20 6 page 1 of 1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certaln,policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - - CONTACT Willis of Pennsylvania, Inc. c/o 26 Century Blvd. PHONE FAX CNQ -EXL) •877 -945- 7378Crp 858-.550- E -MAID �S CertifJ,Ca,teS@FTi 11is.COm _. .._ P. O. Box 305191 Nashville, TN 37230 -5191 INSURER(S)AFFORDING COVERAGE NAIC0 .... INSURERA:ACE American Insurance Company 22667 -003 INSURED INSURERS: Indemnity Insurance Company of North Amer,43575 -001 Aramark Uniform & Career Apparel, LLC "ACE Fire _Underwriters Insurance Company -. 20702 -001 Including WearGuard and Crest Divisions �INSURERC: INSURERO: - 115 N. First Street Burbank, CA 91502 INSURER E: -- Ve ddor✓9 Liability INSURER F: 5 I COVERAGES CERTIFICATE NUMBER: 25029338 REVISION NUMBER:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED - TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE DDL SUBI POLICYNUMBER FO �ICYEFF - "-POLICYE %P LIMITS A ,X: COMMERCIAL GENERAL LIABILITY CLAIMS -MADEa OCCUR y HDOG27852130 1 0/1/2016 10/1/2017 OOFF CC TT UR �� RENCE S 1 -.000 000 ❑❑ EACH PREMISE5gEa - $Inc lu ded - r X MEDEXP(Any one person) S _ -51 000 Licitfor Law Liability_ -- Ve ddor✓9 Liability PERSONAL BADVINJURY 5 .GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ,$Unlimited. POLICY E] PRO .a LOC JECT PRODUCTS- COMP /OP AGG SUAhmi Ted S' OTHER:. A AUTOMOBILE LIABILITY Y ISAH09042702 '10/1/2016 10/1/2017 OOMBI(EaacddED NEDSINGLELIM17 .S 1,000,000 BODILY INJURY(Per person) 'IS _ X ANYAUTO OWNED CHEDULEO AUTOS ONLY AUTOS' HIRED NON =0WNE0 AU OS ONLY AUTQS'ONED X Sa _F - Iasur X Auto ;p4ysi a- for cal Damage - -- - BODILY INJURY(Peraccident) C. - ., ($ (Por: ccidvnt) dam` I { $ S " S UMBRELLA LIAB OCCUR EACH OCCURRENCE Is .AGGREGATE $ .._ EXCESS LIAB CLAIMS -MADE DED ftoj( h`(CiNS A B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVEYa .OFPIC,ERIMEMBER EXCLUDED? MandatorjJnNH) �! yyes, descrlba under ,DESCRIPTIONOFOPERATIONShelvw NIA (CA &MA) WLRC48605928 (AOS) WLRC4860593A. (WI) SCFC46605941 10/1/2016 0/1/2016 10/1/2016 10/1/2017 10/1/2017 10/1/2017 X' PEI 0 o f E.L. EACH ACCIDENT _ $ 1, 000, 000, E,L,DISEASE EAEMPLOYEE $ 1,000,OOQ E,L.DIS §E ..POLICY - 1,000,000 PPRO _ Y - , MENF DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ' -'- ARAMARK's General Liability and Auto Liability policies are noncancellable. Workers' Compensation notices of cancellation are in accordance with each state law. Products /Completed Operations and Contractual Liability are included under General Liability. Monroe County Board of County Commissioners is included as Additional Insured per policy terms & conditions. Above insurance is Primary and Non - Contributory to any other insurance as respects the liability arising out of Aramark's negligent act or omission. CERTIFICATE HOLDER CANCELLATION Coll:4999719 Tpl:2089987 Cert:25029338 © 1988- 2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board Of County Commissioners AUTHORIZEDREPREseNTATIVE Attn: Mr. Cary Knight - Project Manager 1100 Simonton Street, 2 -216 Key West, FL 33040 Coll:4999719 Tpl:2089987 Cert:25029338 © 1988- 2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Co unty of Monr M BOARD OF COUNTY COMMISSIONERS l� Mayor David Rice, District 4 The Florida Keys F y xti t Mayor Pro Tern Sylvia J. Murphy, District 5 „ � y r Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: C.19 Agenda Item Summary #3867 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549 None AGENDA ITEM WORDING: Approval of first amendment to the Second Amended and Restated Agreement with Aramark Uniform Services. This amendment deletes a delivery location and a service item, adds a lost article payment schedule, increases payment amounts by the CPI -U of 2.1 %, and exercise the first of two (2) optional one year renewals. ITEM BACKGROUND: This first amendment deletes a delivery location and a service item, adds a lost article payment schedule, increases payment amounts by the CPI -U of 2.1 %, and renews the first of two (2) optional one (1) year renewals PREVIOUS RELEVANT BOCC ACTION: June 21, 2017 BOCC approved the Second Amended and Restated Agreement necessary to correct certain errors subsequently discovered in the aforementioned Agreements and to amend the Original Agreement to correct the Contractor's name and addresses, add three delivery locations, and a service item with payment amount, and add a remittance address. January 18, 2017 BOCC approved an Amended and Restated Agreement to correct errors in the Original Agreement and to add a delivery location, service items, and a Notice Requirement address change. November 22, 2016 BOCC approved and entered into a piggybacked agreement with the City of Key West for uniform services with Aramark Services, Inc. CONTRACT /AGREEMENT CHANGES: First Amendment Agreement with Aramark- delete a delivery location, delete a service item, add a lost article payment schedule, increase payment amounts by the CPI -U of 2.1 %, renew the first of (2) optional renewals STAFF RECOMMENDATION: Approval DOCUMENTATION: First Amendment Agreement - Aramark (legal stamped) 062117 Second Amended and Restated Agreement - Aramark 01 -18 -17 Amended and Restated Agreement - Aramark 11 -22 -16 Original Agreement - Aramark FINANCIAL IMPACT: Effective Date: Retroactive to 01/01/2018 Expiration Date: 12/31/2018 Total Dollar Value of Contract: $32,000.00 plus Social Services and Solid Waste Management and Lost Articles Charges Total Cost to County: $32, 000.00 plus Social Services & Solid Waste Management Current Year Portion: $24,000.00 plus Social Services & Solid Waste Management Budgeted: yes Source of Funds: Ad Valorem and gas tax CPI: yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: yes Additional Details: 01/18/17 001 -20501 FACILITIES MAINTENANCE $15,315.00 01/18/17 102 -22500 ROAD DEPARTMENT $7,657.50 01/18/17 504 -23501 FLEET MGT SVC ADMIN $3,318.25 01/18/17 147 -20503 UNINC PARKS & BEACHES $2,552.50 01/18/17 101 -20505 CORRECTION FACILITIES $2,552.50 01/18/17 001 -20502 HIGGS BEACH MAINTENANCE $613.00 01/18/17 401 -22502 CARD SOUND ROAD $0.00 Total: $32,008.75 REVIEWED BY: Patricia Eables Completed 02/06/2018 2:24 PM Kevin Wilson Completed 02/06/2018 3:26 PM William DeSantis Completed 02/06/2018 3:51 PM Budget and Finance Completed 02/06/2018 3:56 PM Maria Slavik Completed 02/06/2018 4:28 PM Kathy Peters Completed 02/06/2018 4:29 PM Board of County Commissioners Pending 02/21/2018 9:00 AM FIRST AMENDMENT AGREEMENT BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM SERVICES WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement dat November 22,2016, (hereinafter "Original Agreement"), to provide uniform services for vario Monroe County departments; and 1 WHEREAS, the COUNTY and CONTRACTOR amended and restated the Original Agreement on January 18, 2017, ("Amended and Restated Agreement"), to correct errors in the Original Agreement and to add a delivery location, service items, and a Notice Requirement address change; and M WHEREAS, on June 21, 2017, the BOCC approved the Second Amended and Restated Agreement to correct subsequently discovered errors in the Original Agreement, as amended and restated on January 18, 2017, as to the contractor's name and address, added other delivery locations, added another item number for women's cargo shorts and payment amount, and added a remittance address; and WHEREAS, this Amendment is to amend the Second Amended and Restated Agreement to delete a delivery location, delete a service item, add a lost article payment increase payment amounts by the CPI-U of 2, 1%, and renew the first of two (2) optional one (1) year renewals, and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this First Amendment Agreement; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: I . In accordance with the Second Amended and Restated Agreement, Paragraph 2, H.c. shall be amended to read as follows: 2. SCOPE OF SERVICES: C Items lost by a Using Agency will be replaced by Contractor at the Using Agency's expense per the attached schedule. Item #1 - Shirts: Long Sleeve Con tractor Item GS 0007 35 % Cotton 65 % Polyester $14.50 ea Item I - Shirts: Long Sleeve Con tractor I l % Cotton $30.00 eac I tem #2 - Shirts: S Sleeve Contractor Item #GS0019 35 % Caton 65 % Polyester $16. 68 each I tem #2A- S irts :S ort Sleeve Con tractor to # GS 044 l c� Cotton $30.0 _ e ac h I tem #3 Pants: Long Con tractor I te m 35 % Cotton 65 % Polyester $18.50 each Item #3A —Pants: Long Contractor Item # GP0171 100 % Cotten $22.00 ea Item Pants: Shorts Contractor I tem # GP0096 35 % Cotton 65 % Polyester $20.00 each Item #5 Pants: Cargo Shorts Contractor Item 73 35 % Cotton 65 ° Polyester $20.00 eac Item #6 - Shirts: e 's Sport DriF P olo Contractor Item 51724 100% Polyester $24.00 each Item Shirts: Women's Sport DrlFi P olo Contractor Item # GS1 100% Polyester $27. 60 each Item Pants- Women's at Front Long Contractor Item # GPI036 35 % Cotten 65 % Polyester $26.45 each I, t 100% Polyester $59.00 each Item 1— Shirt Long Sleeve: Safety Yellow Con tractor Item #1 GS 0896 100% Polyester $59.00 each Item #1 : Long Cargo Pants Contractor Item # GP0621 35 % Cotton 65 % Polyester $23.00 each to #13— Pants- Long Women's Cargo Pants Contractor to # GPI037 35 % Cotton 65 % Polyester $26.45 each Item #14 — Shorts: Women's Cargo Contractor Item # GP0849 35 % Cotton 65 % Polyester $34.50 each 1 In accordance with the Second Amended and Restated Agreement, Paragraph 2, N. shall be amended to read as follows: N. SERVICE LOCATIONS Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: Facilities Maintenance Department Higgs each Road Department Social Services Fleet Department Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities Cudjoe Key Transfer Station MM 21.5,740 Bl Imp Road Cudjoe Key, Fl, 33042 Department Included: Big Pine Key Community Park Center 31009 Atlantis Boulevard Big Pine Key, FL 33043 Departments Included: Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: Monroe County Solid Waste Manacement, 0 Parks & Beaches Correction Facilities Facilities Maintenance Department Parks & Beaches Social Services Fleet Department 10 Long Key Transfer Station MM 68, U.S. I Coalf) Long Key, FL 33001 Department Included: Plantation Key Public Works 186 Key Heights Drive Plantation Key, M, 33070 Departments Included: I latitlatLull IX%IY -- 87831 Overseas Highway Islamorada, FL 33036 Departments Included: Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Departments Included: Key Larg Transfer Station g MM 100.3, 1180 State Road 905 (Gulf) Key Largo, FL 33037 Department Included: Monroe County Solid Waste Management C� Correction Facilities Facilities Maintenance Department Parks & Beaches Road Department Monroe County Solid Waste Management a Murray E. Nelson Government and Cultural Center 102050 Overseas Highway -.- MM 102 Key Largo, Fl, 33037 Departments Included: Facilities Maintenance Department Parks & Beaches 3. PAYMENTS TO CONTRACTOR W Item #1 s Shirts: Long Sleeve 35 % Cotton 65 % Polyester I tem # — Shirts: o Sleeve I % Cotton Item # arts: Sort Sleeve % Cotton 65 % Polyester Item #2A. Sh irts , Sh ort Sleeve 100 % Cotton Long i 35 % Cotton 65 % Polyester VIII � Item #4 — Pants: Shorts 35 % Cotton 65 % Polyester w1kinfral-KA31gal ]a NUM Item #6 — Shirti- Men's Sport DriFit Polo 100% Polyester Con tractor Item # G S 0007 $2.246 per person per week/$0 ea Contractor Item # $ 2.655 per person per week/$0.241 e C ontractor Item #GS001 $2.246 per person per week/$0.204 ea Contractor Item # GSO449 $2.675 per person per week/$0 e Contractor Item # GP0002 1.572 per person per week/$0.143 ea Contractor Item # GP0171 Contractor Item # 1.572 per person per eekl$a .1. 3 e Contractor Item # GP0730 C ' a � IMM Is 1 1111 11 1 1 a I I tem Shirt Short Sleeve: Safety Yellow Con tractor Ite # G S 0897 100% Polyester $3.594 per person per week/$ .32'7 ea Item #11 — Shirt Long Sleeve: SafetyYellow Contractor a 100% Polyester $3.5 per person per week/$0.327 ea Item #12— P ants: 35 % Cotton 65 % Polyester $3.145 per person per week/$0.286 ea Item #13— Pants: Long Women's Cargo Pants Contractor Item # 1 35 % Cotton 65 % Polyester $3.145 per person per week/$0.286 ea Item #14 — Shorts- Women's Cargo Contractor Item # GPO849 35 % Cotton 65 % Polyester $2.675 per person per week/ ea ONROE COVNTY RESCRVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE. 4. In accordance with paragraph 4 of the Second Amended and Restated Agreement, the County exercises its first of two (2) options to renew this Agreement for an additional one (1) year period and amends paragraph 4 as follows: 4. TERMS OF AGREEMENT This Agreement shall commence retroactive to January 1, 2018, and ends upon December 31, 2018, unless terminated earlier under paragraph 18 of this Agreement, C� 5. Except as set forth in paragraphs I through 4 of this First Agreement to the Second Amended and Restated Agreement, in all other respects, the terms and conditions set forth in the Original Restated Agreement, as amended, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seats the day and year first above written. (SEAL) Attest: KEVIN MADOK, CLERK By Deputy Clerk Date: Witnesses for CONTRACTOR: Signature 11= W= Date Print Name BOARD OF COUNTY COMMISSIONERS OF ON CAE COUNTY, FLORIDA BY: ........................................... . .................................. . .......... . .. . .. . .................. . .. . .. . .. . . . . . . . . . .. . .. . . . Mayor LIM CONTRACTOR: ARAMARK UNIFORM SERVICES, A division of ARAM AFB K UNIFORM & CAREER APPAREL, LLC ......................................................................................................................................... Signature of person authorized to legally bind Corporation Date: Print Name Title ----------------- - - . . . . . . . . . . ___..m.._ ___..m........... Telephone Number N WHEREAS, COUNTY desires to provide uniforms for Monroe County Departments of Social Services, Public Works and Engineering, Fleet, Parks and Beaches, and Solid Waste Management; and WHEREAS, CONTRACTOR desires and is able to provide uniform services to COUNTY; and ITAEREAS, it serves a legitimate public purpose for CONTRACTOR to provi& uniform services to COUNTY, and R-AM—NNIMMI-I -INS -Vq---A2VQ 1 -42 IMI WHEREAS, the COUNTY and CONTRACTOR previously amended and restated the Original Agreement on January 18, 2017 "Amended and Restated Agreement to correct errors in the Original Agreement and to add a delivery location, service items, and a Notice Requirement address change, and WHEREAS, this Second Amended and Restated Agreement is necessary to correct certain errors subsequently discovered in the aforementioned Agreements and to amend the and a service item with payment amount and III W-90= Asia KIIHIMIMISIN a its K@ELMtjAW.IIppL*- WHEREAS, under Paragraph 3, Payments to the Contractor, Section D, Payment Amount, additional uniform items with payment amounts to be added, and WHEREAS, the Contractor's Trade Name, Legal Name and principal place of business needs to be corrected, and 110"17TAEAEFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, any addenda and the restated agreement. B. DIRECT PURCHASE a. All items listed shall be made available for direct purchase by the Department/Using Agency or employee. Laundering, repair, maintenance, and replacement of the items purchased by the Department/Using Agency or employee are at the cost and the responsibility of the Using Agency or employee. C. MEASUREMENTS AND FITTING a. It shall be the responsibility of the Contractor to measure each employee to ensure proper fit, b. Measurements shall be completed within thirty (30) days from notification of award. N Agency. The name should be I" tall by 3Y2." long logo with "Monroe County" should be V2" round, as shown in the example below: I. DEFECTS a. The items provided by the Contractor during initial start-up shall be new and free from defects, b. After initial start-up, any defective item shall be replaced at no additional cost • the Department/Using Agency with a new item. 1#1CONTINUED STYLES a. Should a style be discontinued during the contract period, the Contractor shall locate and recommend a comparable style to the Department/Using Agency within five (5) working days after notcation of discontinued style. b. A sample may be requested before final approval by the County. Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: Facilities Maintenance Department Higgs Beach Road Department Social Services Fleet Department N�� 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department • Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities Cudioe Key Transfer Station MM 21.5, 740 Blimp Road Cudjoe Key, Fl, 33042 Department Included: Monroe County Solid Waste Management Big Pine Key Community Park Center 31009 Atlantis Boulevard Big Pine Key, FL 33043 Departments Included: Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: Parks & Beaches Correction Facilities Facilities Maintenance Department Parks & Beaches Social Services Fleet Department • Long Key Transfer Station MM 68, U.S. I (Gulf) Long Key, FL 33001 Department Included: Monroe County Solid Waste Management Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: Plantation Key Garage Complex 87831 Overseas Highway Islamorada, Fl, 33036 Departments Included: • Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Departments Included: Correction Facilities Fleet Department Social Services Facilities Maintenance Department Parks & Beaches • Key Largo Transfer Station MM 144.3, 1180 State Read 945 (Gulf) Key Largo, FL 33437 Department Included: Monroe County Solid Waste Management Murray Er Nelson Government and Cultural Center 1 02450 Overseas Highway — MM 142 Key Largo, FL 33437 Departments Included: Facilities Maintenance Department Parks & Beaches + Card Sound Read To]] Authority 11180 State Road 945 Key Large, FL 33037 Department Included: Read Department A. performance • obligation pay unde contingent upon annual appropriation by the Board of County Commissioners. B. Florida Prompt Payment ` will delivery i inspection by COUNTY and upon submission of i er invoice by CONTRACTOR. Item #1A - Shirts: Lang Sleeve Contractor Item # GSO448 100 % Cotton $2.60 per person per week/S0.24 ea Item #2 - Shirts: Short Sleeve Contractor Item #GS0019 35 % Cotten 65 % Polyester $2.20 per person per week/$0.20 ea Item #2A- Shirts. Short Sleeve Contractor Item # GSO449 100 % Cotton $2.62 per person per week/$0.24 ea Item #3 —Pants: Long Contractor Item # GP0002 35 % Cotten 65 % Polyester $1.54 per person per week/$0.14 ea Item #3A —Pants: Long Contractor Item # GP0171 100 % Cotton $3.30 per person per week/$0.30 ea Item #4 —Pants: Shorts Contractor Item # GP0096 35 % Cotten 65 % Polyester $1.54 per person per week/$0.14 ea Item #5 — Pants. Cargo Shorts Contractor Item # GP0730 3 5 % Cotton 65 % Polyester $2.62 per person per week/$0.24 ea Item #6 ` Shirts: Men's Sport Dri1a it Polo Contractor Item # GS1724 100% Polyester $2.20 per person per week/$0.20 ea Item #7 - Shirts. Women's Sport DriFit Palo Contractor Item # GS1957 100% Polyester $2.20 per person per week/$0.20 ea Item #8 — Shorts: 'Women's Cargo Contractor Item # GP1038 5 % Cotton 65 % Polyester $2.62 per person per week/$0.24 ea Item #9 — Pants: Women's Flat Front Gang Contractor Item # GPI036 35 % Cotton 65 % Polyester $2.20 per person per week/$0.20 ea Item #10 — Shirt Short Sleeve; Safety Yellow Contractor Item # GS0897 Item #11— Shirt Long Sleeve: Safety Yellow 100% Polyester Item #12— Pants: Long Cargo Pants `, Cotton 65 ', Polyester Item #13— Pants. Bong Women's Cargo Pants 35 % Cotton 65 % Polyester Item #14 — Shorts: Women's Cargo 35 % Cotton 65 % Polyester Contractor Item # 1i Contractor Item # GP0621 $3.08 per Person per week/ 0.28 ea r v a •" J Aggirga Contractor Item. ## GP0849 $2.62 per person per week/S0.24 ea MONROE COUNTY RESERVES THE ttIGH T , . ro CHOOSE STYLE AS INDICATED ABOVE. terminated 4. TERMS OF AGREEMENT This Agreement shall commence on January 01, 2017, and ends upon December 31, 2017, unless earlier paragraph The COUNTY shall have the option to renew this Agreement for up to an additional two () one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (l) year. 5. ACCE OF +>M NS BY CONTRA CONTRACTOR / Agreement, Proof appropriate licenses. upon request. lII# calculated pursuant to Sec. 55.03, Fla. Star., running from the date the monies were paid to CONTRACTOR. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the 99 Contractor agrees and warrants that the Contractor shall hold the County harrnless, and shall indemnQA it from all losses occurring - IM 0 r W.— — vak all? V- , P, rplot County's behalf The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. a E Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement, 15.110 PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. 10TICE 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: Monroe County Facilities V?-i ance- D - h--7.2xmc* I 100 Simonton Street 2 d Floor, Room 2-216 Key West, FIL 33040 And FOR CONTRACTOR: Aramark Uniform Services, a division of Armark Uniform ♦ Career Apparel, LLC 2351 Blount Road Fax: (954) 369-9029 Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 Jeremy Fournier, General Manager I 0111HRIN 22. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of IV T as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 23. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. M The terms, covenants, conditions, and provisions • this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 30. CLAIMS FOR FIEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 34. ATTESTATIONS Wil CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement. an Ethics Statement, and a Drug-Free Workplace Statement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience • 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. 39. 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. The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 42. Except as set forth herein of this Amended and Restated Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as restated herein remain in full force and effect. IN WITNESS WHEREOF, COUNTY eA;r4i" and Restated Agreement on the count each of which shall, without pro iginat contract. (SEAS' e s 'X MADOK, CLERK Deputy Clerk Date: 1 - 7 Witnesses for CONTRACTOR: S "iatu re Date and CONTRACTOR hereto have executed this day and date first written above in four (4) of or accounting for the other counterparts, be BOARD OF COUNTY COMMISSIONERS OF M TyjFLOIDA By. Mayor Date: 24 . 7-0 1- 7 CONTRACTOR: ARAMARK UNIFORM SERVICES, A division of Al % PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: In WHEREAS, CONTRACTOR desires and is able to provide uniform services to COUNTY; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide uniform services to COUNTY, and WHEREAS, the COUNTY and CONTRACTOR previously entered into an Agreement dated November 22, 2016, (hereinafter "Original Agreement"), to provide uniforms for the aforementioned Departments, and WHEREAS, this Amended and Restated Agreement is necessary to correct certain errors subsequently discovered in the earlier Agreement and to amend the Original Agreement to add a delivery location, add service items with payment amounts, and a Notice Requirement address change; and WHEREAS, under Paragraph 2, Scope of Services, Section N, Service Locations, a service location for the Fleet Department needs to be added, and WAEREAS, under Paragraph 3, Payments to the Contractor, Section D, Payment Amount, additional uniform items with payment amounts to be added, and WHEREAS, under Paragraph 16, Notice of Requirement, FOR COUNTY, the address needs to be changed, and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only. 2. SCOPE OF SERVICES: A. RENTAL SERVICE a. Upon award of contract, the COUNTY shall furnish the Contractor with a list of employee's names, with the employee's department, and size, color, style, material and type of uniforms required. The County may add other Department employees to the Scope of Service upon thirty (30) days' notice to the Contractor. b. The Contractor shall supply no more than eleven (11) new clean shirts and eleven (11) new clean pairs of pants or shorts, as indicated, for each employee on the list provided by the County. c. The amount of new uniforms to be distributed to County employees will be determined by the County upon award of the Contract. The County may adjust the amount of new uniforms needed by various County departments. d. The garments shall be in the sizes, color, style, and material type as referenced on the list provided to the Contractor. Failure to provide the correct size, color, style, material and type may result in the COUNTY rejecting the uniform provided. e. Each week, the Contractor shall obtain soiled uniforms from the locations described in the section titled Service Locations, below. Soiled uniforms shall be replaced with the exact size, color, style, and material type amount of clean garments. Failure to provide the exact size, color, style, material and type may result in the COUNTY rejecting the clean garments provided and adjusting payment accordingly, i. There shall be weekly pickup and delivery of the same items laundered and pressed. ii. All items will be laundered, pressed (if appropriate or requested), repaired, maintained, and replaced by the Contractor. f. Replacement costs for worn or damaged items shall be borne by the Contractor. If the COUNTY request for certain items of worn and damaged clothing to be replaced, the CONTRACTOR shall replace in the next delivery. g. All the garments shall be, and at all times, remain the property of the Contractor. ♦ MEASUREMENTS AND FITTING a. It shall be the responsibility of the Contractor to measure each employee to ensure proper fit. Is. Measurements shall be completed within thirty (3 0) days from notification of award. I be 2 Y2" round, as show ki I I Lymmawella topm "jammil DEFECTS a. The items provided by the Contractor during initial start-up shall be new and free from defects. b. After initial start-up, any defective item shall be replaced at no additional cost to the Department/Using Agency with a new item. 0 DICONTINUED STYLES a. Should a style be discontinued during the contract period, the Contractor shall C� locate and recommend a comparable style to the Department[Using Agency within five (5) working days after notification of discontinued style. b. A sample may be requested before final approval by the County. Monroe County Garage Complex 3583 S. Roosevelt Blvd. Key West, FL 33040 Departments Included: Facilities Maintenance Department Higgs each Road Department Social Services Fleet Department Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included- Correction Facilities I Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: Plantation Key Garage Complex 87831 Overseas Highway Islamorada, FL 33036 Departments Included: Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches Correction Facilities Facilities Maintenance Department Parks & Beaches Social Services Fleet Department Fleet Department Social Services Parks & Beaches Road Department Murray E. Nelson Government and Cultural Center 102050 Overseas Highway — MM 102 Key Largo, FL 33037 Departments Included: Facilities Maintenance Department Parks & Beaches Card Sound Road Toll Authority 11180 State Road 905 Key Largo, FL 33037 Department Included: Road Department N 3. PATMENTS TO CONTRACTOR A. COUNTY's performance 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 ©- Florida Local Government Prompt layment Act; payment will be made after delivery and inspect up ion by COUNTY and on submission of a proper invoice b y CONTRACTOR. Item #1A - Shirts: Long Sleeve 100% Cotton Contractor Item # GSO448 Etem #2 - Shirts: Short Sleeve 5% Cotton 65 % Polyester 100 % Cotton Contractor Item #GS0019 Contractor Item # GSO449 Maki Item # —Pants: Long Contractor Item # GP0002 35 % Cotton 65 % Polyester $1.54 per person per week/$0.14 e Item #3A ants: Long Contractor Item # GP0171 100 % Cotton $3.30 per person per week/$0.30 Item # — ants: Shorts Contractor Item # GP0096 % Cotton 65 % Polyester $1.54 per person per week/$0.14 e Item #5 ants: Cargo Shorts Contractor Item 073 5 % Cotten 65 % Polyester $2.62 per person per week/$0.24 ea Item #6 - Shirts: en's Sport DriFit Polo Contractor Item 172 100% Polyester $2.20 per person per eek/$ .2 a Item Sh irts: Women's Sport DrlFit Polo Contractor Item # GS1957 100% Polyester $2.20 per person per week/$0.20 ea Item # — Shorts: Women's Caro Contractor Item # G 1 3 5 % Cotton 65 % Polyester $2.62 per person per week/$0.24 e Item #9 — ants: Women's Flat Front Long Contractor Item # GPI036 5 % Cotton 65 % Polyester $2.20 per person per week/$0.2 ea Item #10 — Shirt Short Sleeve: Safety Yellow Contractor Item # GS0897 100% Polyester $3.52 per person per week/$ !32 ea Item #1— Shirt Lang Sleeve: Safety Yellow Contractor Item # GS0896 100% Polyester $3.52 per person per week/$ .32 ea Item #12— Pants: Long Caro Pants Contractor Item # GP0621 35 % Cotton 65 % Polyester $3.08 per person per week/$0.28 e Item #13— Pants: Long Women's Cargo Pants Contractor Item # GPI037 35 % Cotton 65 % Polyester S3.08 per person per week/$0.28 ea d TE AG This Agreement shall commence on January 01, 2017, and ends upon December 31, 2017, unless terminated earlier under paragraph 18 of this Agreement. W. i •e # ) ipvtzll at "'Itur IU references clearly indicates otherwise, to the "term" of this Agreement shall mean the initial term of 0 The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPT-U) for the year ending December 31 of the previous year. 5. 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. a the contract term and following completion of the contract if the contractor does not transfer the records to the County. ��pletion of the contract, transfer, at no cost, to the Counqvm� pil 11 ij� 11 IM The first ten dollars {$10.00} of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT, Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. M tile I# I= 11 a a Fudiff] M a 15.NQ PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness, CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16.NMICE REQUIREMENI' MI Any notice required or nermitted 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 FOR CONTRACTOR: Ara ark Services, Inc. 2351 Blount Road Pompano Beach, FL ' iil Phone: (954) 590-5160 x105 Fax: (954) 369-9029 =I lgs��G�ffff Jeremy Fournier, General Manager 19.GOVE1RN1N(:'r LAW, VE.NUE, INTERPRE COSTS, AND FEIES 20MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue, shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the R Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 23.COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 26.ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and 16 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. 28. 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. 30. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. ON constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 34. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. SECTION READINGS Section headings have been inserted in this Agreement as a matter of convenience of J, 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. IN 01HUME j I 111113MR4141 The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 1"10 IMMUF 0011?�LdILIUII ellleflt LO L11C k-UHLIMAM already incurred by the termination date. 42. Except as set forth herein of this Amended and Restated Agreement, in all other respects, the terms ' and conditions set forth in the Original Agreement as restated herein remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this .d and Restated Agreement on the day and date first written above in four (4) PPAs each of which shall, without proof or accounting for the other counterparts, be 4 Date BOARD OF COUNTY COMMISSIONERS OF MON COUNTY, FLOIDA By: --------------------- ; ------- - MO CE COUNTY ATTORNEY'S OFFICE on"" y "' ' ' A PROVEP AS T FO In PATRICIA SABLES 19 ASSISTANT COUNTY ATTORNEY DATE; ---] ---� Date: 1 d - 7 Witnesses I*or ('ON'fRA(70R- DATE•- December 12, 2016 TO: Doug Sposito, Director t/ Project Management ATTN. Ann Riger, Contracts Admi FROM. Cheryl Robertson Executive Aide to the Clerk of Court & C At the Noveni ber 22, 20 16 Board 0 f CO Ullty ColatiliSSioller, S Illeet ing the Bow gi apl)i-ovLt[ dll(l execulioll of the f Item F16 App to 1)igoyback- the City A91wrilent and exccute a Contract roi• (jilif l S C�-' � of' Key West ( S el - v i ces Works/1",n& f)Ivision, Monroc C ervices with Anainark Corporation fol Niblic --ountv I Enclosed is a duplicate original of the above-mentioned,for your handling. Should you have any questions, please feelfree to contact our office, County Attorney Finance File 500 Whitehead Street Suite I ol, po B 1980 Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax, 305-852-7146 04 C r= n- AGREEMENT BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM SERVICES WHEREAS, COUNTY desires to provide uniforms for tvlonroe County Departments of Social Services, Public Works and Engineering, Fleet, and Parks and Beaches, and WHEREAS, CONTRACTOR desires and is able to provide uniform services to COUNTY; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide z1- uniform services to 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, the bid documents, exhibits, and any addenda only. G. REPAIRS, REPLACEMENTS AND DEFECTS 0 E a. Repairs for rented or leased items (Zippers, buttons, split seams, rips, tears, etc.) shall be the responsibility of the Contractor, b. It is the responsibility of the Department/Using Agency or employee to tag U. each repair with a completed service request tag, provided by the Contractor. c, All items shall be submitted with the weekly rental service and repaired or E replaced by the next delivery. d. Should the repair not be completed within a one (1) week time frame, the Contractor shall not charge for that item or it will be deducted from the invoice until repairs are accomplished. E e. Worn out, faded, damaged or size changed garments shall be replaced by the 2 Contractor on an as needed basis as directed by the County at no additional < cost to the County. 7i f Replacement costs shall be borne by the Contractor, g. All items to be replaced shall be returned to the Contractor. 0 h. There will be no fee or charge for returned items should any garment being returned to Contractor be deemed unusable by Contractor. C4 i, cm Failure to replace any item within 30 days, as stated above, shall constitute a breach of contract on the part of the Contractor and shall be rounds for 9 4.1 termination of said contract. E DEFECTS a. The items provided by the Contractor during initial start-up shall be new and free from defects. b. After initial start-up, any defective item shall be replaced at no additional cost to the Department/Using Agency with new item, DICONTINUED STYLES a. Should a style be discontinued during the contract period, the Contractor shall locate and recommend a comparable style to the Department/Using Agency within five {5) working days after notification of discontinued style. b. A sample may be requested before final approval by the County. • Monroe County Garage Complex 0 3583 S. Roosevelt Blvd. Re y West, FL 33040 Departments Included: Facilities Maintenance Department Higgs Beach Road Department Social Services • Monroe County Courthouse Annex 502 Whitehead Street Key West, FL 33040 Department Included: Facilities Maintenance Department • Monroe County Detention Facility 5501 College Road Stock Island, FL 33040 Department Included: Correction Facilities • Big Pine Key Community Park Center 31009 Atlantis Boulevard Big Pine Key, FL 33043 Departments Included: Facilities Maintenance Department Parks & Beaches • Marathon Public Works 10600 Aviation Blvd. Marathon, FL 33050 Departments Included: Correction Facilities Facilities Maintenance Department Parks & Beaches Road Department Social Services • Plantation Key Public Works 186 Key Heights Drive Plantation Key, FL 33070 Departments Included: Correction Facilities Social Services • Monroe County Public Works 300 Magnolia Street Key Largo, FL 33037 Card Sound Road Toll Authority 11180 State Road 905, Key Largo, Ft., 33037 Department Included: Road Department 3. PAYMENTS TO CONTRACTOR A. COUNTY's performance 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; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. C. 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. to 04 C E n- It 94 — Pants: Long 35 % Cotton 65 % Polyester Item #4A — Pants: Long 100 % Cotton It #5 — Pants. Shorts 35 % Cotton 65 % Polyester It #5A — Pants: Pants will be cut to Shorts 100 % Cotton Item #6 — Pants: Cargo Shorts 35 % Cotton 65 % Polyester Item #6A — Pants: Cargo Shorts 100 % Cotton It #7 - Shirts. Men's Sport DriFit Polo 100% Polyester 100% Polyester i Item #11— Shirt- Safety Contractor It # 100% Polyester $3.52 per person per week/$0.32 ea MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE. 4. TERMS OF AGREEMENT This Agreement shall commence on January 01, 2017, and ends upon December 31, 2017, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for the year ending December 31 of the previous year- 5. ACCEPTANCE OF CONDITIONS RV 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. records to the County. W electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 'rhe Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. In the event that the completion of the project to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required The first ten dollars ($10.0(I) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. Prior to execution of this Agreement, CONTRACTOR shall furnish the COUNTY Certificate-, of Insurance indicating the minimum coverape limitations in the followina amounts: 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. 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. N gen777 1150111ty C077NgU ITTIMS UL liability of not less than $1,(.)0Q00Q00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. FNAWKWAMWASNAW C4 cm n- 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 government. Any violation of said statutes., ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE 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 Key West, FL 33040 And Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 Jeremy Foumier., General Manager 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 C4 cm E n- 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. Disabilities Act of 1990 (42 U a. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of CO Y 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 COLNTY agree that each shall be, and is, empowered to apply for, r.eek- and obtain federal and state. funds to further the %mvXose of thisA- �y t--jt vided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. C4 CM r= n- 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 - cement on the day and date first written above in four (4) counterparts, each of which shall, Zoofor accounting f or the other counterparts, be deemed an original contract. . - 11 AVILIN, CLERK I / " ;� /f ^ Witnesses for CONTRACTOR. Signature ---- - ----------- Date Signature Date BOARD OF COUNTY COMMISSIONERS IC: .......... ----------------------- Mayor Date: M -son authorized to 1 Print Named ................. . ......... Address f Telephone Number STATE OF FLORIDA COUNTY OF Z2 .. . . . . ................... On this day l t before me the undersigned notary public, personally . . . . . . . . ...... N1 ON 9 — 1_1 0, CERTIFICATE OF LIABILITY Page 1 o 1 DATE I:" YYI 'AT 10 County Commissioners THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS AUTHORIZED REPREEFNTATIVS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES - Project Manager BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 33040 IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions orbe endorses If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Willis of Pennsylvania, Inc. PHONE FAX c/o 26 century Blvd. r.. I_ ®xt:. $77- 945 - 73'78 �1C,x ^': 38- 550 -x,140 tt� r MAIL P. 0. Box 305191 ADOP.E35 c rtafigateg.,.. i1las.c C� Nashville, TN 37230 -5191 INSURER {S}AEFC}RDIIVGCOVERAGE NAIL# it INSURERA. ACE American Insurance Comp ;226157 INSURED INSURERS:ind Indemnity insurance Company of North Amex 43575 -001 Ar ark ' IS Career Apparel, LLC . ...... . Including WearCuard and Creat Divisions IN.5URERC:ACE Fire Unde rites insurance Company 24702 -001 115 N. First Street Burbach, CA 91502 INSURER D. INSURER E INSURER P: COVERAGES CERTIFICATE NUMBER: 25029338 REVISION NUMBER: E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, p EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR. ADDL SUED POLICY EFF POLIGYEXP y TYPE OF INSURANCE LIMITS A X COMMERCIAL GENERAL LIABILITd Y OG27852130 10/1/2016 1()/1/2()17 BACI�OCCURREVCE s � o Opg Qpfl CLAIMS -MADE il OCCUR YtC :MI83ESfEe .ara� ce} S XlCltdded . .,, X Liquor Law ,iabzliw 4 I:. MEDEXP(Asonepersonli .J:... ,00() ,Y Vendors liability . PERSONALXADV INJURY 1, Qt Q x 0 00 GEN'L AGGREGATE LIMIT APPLIES PER: GENE LAGGREGATE $Unlimited POLICY ' PRO LDO PRODUCTS •COMPFOPAGO :10jUlimi ed JECT OTHER i a :A. '' IS 09042702 lt0 /lf 0 .6 10///2017 .:�r xtEttl% }': i a.... �.�4.4I ,_ 1,0B0,000 AUTOMOBILE LIABILITY : t 2 eS, X i ANYAUTO BODILY INJURY(Per person) OWNED ' BODILYINJURY(Peraccident) AUTOS ONLY A T S ' HIRED %QN GO U. A 7 -Iy ONLY AUTOS ,� Y ad cir UMBRELLA LIAR OCCUR EACH [OCCURRENCE 9 EXCESS LIAR CLAIMS-MADE AGGREGATE BED R .. NON$ � WORKERS COMPENSATION ACA ) WLRC48605928 : 10/l/ 20 16 ;10 /172017 X ST ATUTE � ED AND EMPLOYERS'LIABILI IS ANY PROPRIBTORIPARTNERIEXECUTIVE` (ADS) RC4860593 10J1f2016 10 ,11/2017 ELEACHACOIDENT t 11000.000 NIA OFFICER ft9EME3ER EXCLUDED? Imandato In Nil( (WI) SCP'C486G5941 10/1/2016 10/1/2017 EL Om EASE - EA EMPLOYEE £ 1.00 Q90 W: GRIPVGNOFOPE TIONSbelow EL SE- POLICYL 1,000,000 AP Et WNT 8Y JAIVL ED DESCRIPTION OFOPERATIONS ILOCATIONS I VEHICLES (ACORN 401, Additional Remarks Schedule, maybe attached it more space is required) ARAMA General Liability and Auto Liability policies are noncancellable. Workers' Compensation notices of cancellation are in accordance with each state law. Products /Completed. Operations and Contractual Liability are included Under General Liability. $ Will Monroe C ounty Board of County Commissioners is included as Additional Insured per policy terms & Sell $ conditions. Above insurance is Primary and Non- Contributory to any other insurance as respects the liability arising out of Ar ark's negligent act or omission. ryry;; CERTIFICATE HOLDER CANCELLATION 5H0ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE cc THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners AUTHORIZED REPREEFNTATIVS Attn:Mr. Cary Knight - Project Manager 11 Key West, YL 33040 RPORATIO N. All rights reser