Item D7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 17, 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of Amendment to Agreement with Diversified Cleaning Services
Corporation, Inc. to exercise option to extend agreement for janitorial services
for the Monroe County Tourist Development Council administrative offices
through to July 20, 2003.
ITEM BACKGROUND:
BOCC approved original agreement at their meeting of July 21, 1999
PREVIOUS REVELANT BOCC ACTION:
BOCC approved FY 2002 Budget at their meeting of September 19, 2001
CONTRACT/AGREEMENT CHANGES:
One year extension to Agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $345.00 per month ($40.00 additional for interior window cleaning
when required) BUDGETED: Yes ~ No
COST TO COUNTY: $345 per month/TOURIST PAY
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~
,-)
OMB/Purchasing ~ Risk Management.-X !) \.....-
r- __~"'J~/?V~
- ;'
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
To Follow
Not Required_
AGENDA ITEM # ~ /
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Diversifed Cleaning Contract #
Services Corporation, Effective Date: 4/17/02
Inc. Expiration Date: 7/20103
Contract Purpose/Description:
Approval of Amendment to Aqreement with Diversified Cleaninq Services Corporation,
Inc. to exercise option to extend aqreement for ianitorial services for the Monroe County
Tourist Development Council administrative offices throuqh to July 20.2003.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 4/17/02 Agenda Deadline: 4/3/02
Total Dollar Value of Contract: $ 345 p.m.
Budgeted? Yes[8J No D Account Codes:
Grant: $
County Match: $
- -
----
- -
----
-
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, 'anitorial, salaries, etc.)
CONTRACT REVIEW
Changes
_D}Je In Needed
Division Director ..?/$2?fi; pesO No[Zl..---
Risk Management Llz:71 02.. YesO NoU(l,l~c'--Lr"'''-- \1~~y,---.jJ~,,,,--- 2
O.M.B./Purchasing c~i)'ll0)5es[;}No~ ~* Q ~
County Attorney "2...\'2.S/0&-.. YesD No~ '- S.Hutton
Date Out
~~a
l//;
. '- 1 ----fI-
001 cJ' ~ CC'''1A.;v~'-J2
~ H~
ADDENDUM TO AGREEMENT
THIS ADDENDUM is entered into this day of , 2002, by and
between the BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida,
hereinafter referred to as the COUNTY and Diversified Services Corporation, Inc.,
hereinafter "Contractor".
WITNESSETH
WHEREAS, there was a contract entered into on July 21, 1999, between the
parties, to provide janitorial services for the Monroe county Tourist Development
Council administrative facilities; and
WHEREAS, original agreement allows for an extension of agreement for an
additional (1) one year period beyond the initial award period;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree to hereby amend the agreement entered into on July 21, 1999, as
follows:
1. Paragraph 2. TERM, shall read, there shall be an additional term of this
contract for a period of one (1) year commencing July 21, 2002, and terminating on July
20, 2003;
2. The remaining provisions of the contract dated July 21, 1999 shall remain
in full force and effect.
Attest: DANNY L. KOLHAGE, Clerk
Board of County Commissioners of
Monroe County
BY:
Deputy Clerk
Mayor/Chairman
(CORPORATE SEAL)
Attest:
Diversified Services Corporation, Inc.
BY:
Witness
President
Witness
/\PPROVED AS TO FORM ,
[::D$~'..S,U.'Fi''1~.t
c 'suf.~.~~,T~t'-!
D.A TF ,.>...,....,~,.,.,..;ilJ~~~__J/",l.' ~_~~. ,..~-.
AGREEMENT
THIS AGREEMENT, made and entered into this '2\ day of -:f'c.J ~ ' 1999,
between the Monroe County Board of County Commissioner (CO NTY), and
Diversified Services Corporation, Inc. (CONTRACTOR).
WITNESSETH
WHEREAS, the County wishes to enter into an agreement with Diversified
Services Corporation, Inc. to provide janitorial services for the Monroe County Tourist
Development Council administrative facilities;
NOW and THEREFORE, the parties hereto, for the mutual promises and
consideration hereinafter set forth, agree as follows:
I. SCOPE OF WORK
The CONTRACTOR shall provide janitorial services at 1201 White Street,
Suite 102, Key West, FL as follows:
Twice weekly maintenance of Administrative Office, approx 4,000 sq. ft.,
includes vacuuming carpets, light dusting, maintaining hard floors in rest
rooms (3) and kitchen area, cleaning of interior side of entrance door
weekly/other interior door windows when needed, cleaning rest rooms,
trash removal to outside. Supplies should include but not be limited to
toilet tissue, paper hand towels, hand soap.
The CONTRACTOR shall clean all interior windows upon request by the
Monroe County Tourist Development Council Administrative Office for an
additional sum of money outlined in paragraph 3, Payment.
2. TERM
The term of this agreement shall be for a period of three (3) years to
commence on July 21, 1999 and terminate on July 20th, 2002. This
agreement may be extended for an additional one (1) year term thereafter
at the option of COUNTY.
3. PAYMENT
The COUNTY shall pay to the CONTRACTOR for the performance of said
service on or before the 15th day of the following month. The
CONTRACTOR shall invoice the COUNTY monthly for janitorial services
performed under the Specifications contained herein.
The contract amount shall be as stated by the CONTRACTOR'S proposal as
follows: four thousand one hundred and forty dollars per year to be paid three
hundred and forty five dollars ($345.00) per month for the above mentioned
scope of services an additional charge of forty dollars ($40.00) will apply for
the cleaning of all interior windows as and when required. Monroe County's
performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC.
4. Termination: The contract can be terminated by either party without cause
with 60 days notice. BOCC may terminate immediately for cause
Diversified eleaning Services Agreement
pursuant to paragraph 7, below. If not otherwise terminated, the contract
shall end on July 20th, 2002.
5. Accounting: Records of Diversified Services Corporation, Inc. pertaining
to this project shall be kept on generally recognized accounting principals,
acceptable to Monroe County, and shall be available to the BOCC or to an
authorized representative for audit. Contractor shall retain all related
records for a period of three years after termination of this agreement.
6. Breach of Services: The parties agree to full performance of the
covenants contained in this contract, and the BOCC reserves the right at
its discretion, provided such breach is material, to terminate the services
provided in this contract for any misfeasance, malfeasance, or
nonperformance of the contract terms or negligent performance of the
contract terms by Diversified Services Corporation, Inc.
7. Indemnification and Hold Harmless: Diversified Services Corporation,
Inc. agrees to indemnify and hold Monroe County and the Monroe County
Tourist Development Council harmless for any and all claims, liability,
losses and causes of action which may arise out of its fulfillment of the
agreement. It agrees to pay all claims and losses, including related court
costs, and shall defend all suits filed due to the negligent acts, errors or
omissions of Diversified Services Corporation, Inc. employees and/or
agents.
8. Insurance: Upon execution of this agreement, the CONTRACTOR shall
furnish the Owner Certificates of Insurance indicating the following
minimum coverage limitations:
a. Comprehensive General Liability insurance with minimum limits of
$300,000.00 per occurrence.
b. Automobile Liability covering all vehicles to be used in the
fulfillment of the obligations of the CONTRACTOR, with limits of $50,000
per persons, $100,000 per accident for bodily injury, $25,000 for property
damage, and $5,000 medical payments.
c. Worker's Compensation as required by CH 440 F.S. and
Employer's Liability with a limit of no less than $100,000 per accident.
d. Surety bond with minimum limits of $10,000.00 per occurrence.
Monroe County and Monroe County Tourist Development Council are to
be named additional insured on both the General Liability and Auto
Liability Policies. The minimum coverage limitations must be maintained
through the contract.
9. Taxes: The BOCC and TOC are exempt from Federal Excise and
State Florida Sales Tax.
10. Finances Charges: The BOCC and TDC will not be responsible for any
finance charges.
2
Diversified eleaning Services Agreement
11. Relation of BOCC/TDC: It is the intent of the parties hereto that
Diversified Services Corporation, Inc. shall be legally considered as an
independent contractor and that neither it nor its employees or agents
shall, under any circumstance, be considered servants or agents of the
BOCC and TDC shall at no time be legally responsible for any negligence
on the part of said successful proposer, its employees or agents, resulting
in either bodily or personal injury or property damage to any individual,
firm, or corporation.
12. Assignment: Diversified Services Corporation, inc. shall not assign,
transfer, convey, sublet or otherwise dispose of this proposal, or of any or
all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior consent of
the BOCC and TDC.
13. Compliance with Laws - Nondiscrimination: Diversified Services
Corporation, Inc. shall comply with all federal, state, and local laws and
ordinances applicable to the work or payment for work thereof, and shall
not discriminate on the grounds of race, color, religion, sex, age or
national origin in the performance of work under this Agreement. This
Agreement shall be subject to all federal, state, and local laws and
ordinances.
14. Force Majeure: Diversified Services Corporation, Inc. shall not be
liable for delay in performance or failure to perform, in whole or in part, the
services due to the occurrence of any contingency beyond its control or
the control of any of its subcontractors or suppliers, including labor
dispute, strike, labor shortage, war or act of war whether an actual
declaration thereof if made or not insurrection, sabotage, riot or civil
commotion, act of public enemy, epidemic, quarantine restriction,
accident, fire, explosion, storm, flood, drought or other act of God, act of
any governmental authority, jurisdictional action, or insufficient supply of
fuel, electricity, or materials or supplies, or technical failure where
Diversified Services Corporation, Inc. has exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a
breach of this Agreement.
15. Governing LawNenue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitutes the entire agreement between the BOCC and TDC and
Diversified Services Corporation, Inc. Venue of any court action filed
relative to this agreement shall lie in Monroe County, Florida.
16. Antisolicitation: Diversified Services Corporation, Inc. warrants that no
person has been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the Monroe County
3
Diversified Cleaning Services Agreement
government or the TDC has any interest, financially or otherwise in
Diversified Services Corporation, Inc. or its subcontractors.
17 Disclosure: Diversified Services Corporation, Inc. shall be required to list
any or all potential conflicts of interest, as defined by Florida Statute 112
and Monroe County Ethics Ordinance. Diversified Services Corporation,
Inc. shall disclose all actual or proposed conflicts of interest, financial or
otherwise, direct or indirect, involving any client's interest which may
conflict with the interests of the BOCC and TDC.
18. Severability: If any provision of the Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision other than those as to
which it is invalid or unenforceable, shall not be affected thereby; and
each provision of the Agreement shall be valid an enforceable to the
fullest extent permitted by law.
19. Notice: Any notice required or permitted under this Agreement shall
be in writing and hand-delivered or mailed, postage prepaid by certified
mail, return receipt requested, to the other party as follows:
FOR COUNTY
Monroe County TDC
1201 White St., 102
Key West, Florida 33040
FOR CONTRACTOR
Diversified Services Corporation, Inc.
512 Front Street
Key West, Florida 3040
TDC/County shall give notice to Provider of any meetings on which is an
agenda item pertaining to Fishing Umbrella.
20. Ethics Clause: Contractor warrants that he/it has not employed retained
or otherwise had act on his/its behalf any former COUNTY office or
employee in violation of Section 2 or Ordinance No. 10-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of the provision the COUNTY may, at its
discretion terminate this contract without liability and may also, at its
discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present COUNTY officer or employee.
21. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for 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 public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
4
Diversified Cleaning Services Agreement
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."
J~~WITN~S-S WHEREOF, the parties have executed this agreement the day and year
,l"fir~'abg\f~wdtten .
f.'!~!;:~l\ .f(~":f"~
-', (S~ALF)ii~f' N .
~. .. . . t: '.... 'I ~-./
\. Attest; ;.r./:IN
."..::'J....~~;." ',:.-;. ~ ...
~
.~~ aak
DIV IFIED SERVICES
CORPORATION, INC.
\..~~,. -. .'
(SEAL)
Attest:
Clerk
. . ~\
"-".....Jl.~~~ ~~
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Approved as to form and legal sufficiency:
Date:
5
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
.MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Contractor to
maintain the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the Contractor's .failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction .
#4709.3
14
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
Administration Instruction
#4709.3
15
1996 Edition
ElVlPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee
Dishonesty Insurance which will pay for losses to County property or money caused by the
fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or
in collusion of others.
The minimum limits shall be:
$10,000 per Occurrence
ED!
Administration Instruction
#4709.3
44
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GLI
Administration Instruction
#4709.3
53
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
lVlONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements. ..
VLI
Administration Instruction
#4709.3
80
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition; the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WCI
Administration Instruction
#4709.3
87
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Risk Management
Date
County Administrator appeal:
Date:
Approved
Not Approved
Approved:
Not Approved:
Board of County Commissioners appeal:
Meeting Date:
Administration Instruction
#4709.2
Approved:
Not Approved:
102