Item C04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17. 18. 2002
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with L & N
Dependable Janitorial, Inc. for the Janitorial Services at the George Dolezal Library in Marathon.
ITEM BACKGROUND: On March 13 2002, a bid opening was held for janitorial services at all five
Monroe County Libraries. L & N Dependable Janitorial, Inc. was the only contractor to submit a bid
for the George Dolezal Library.
PREVIOUS REVELANT BOCC ACTION: On September 20, 2000, the BOCC approved to extend
services from L & N Dependable Janitorial, Inc. on a month to month basis at the Key Largo,
Islamorada, Marathon, and Big Pine Key Libraries. On July 18, 2001, the BOCC approved to advertise
for bids for janitorial services at the above four libraries, and on January 16, 2002, the BOCC approved
to reject the bids of December 12, 2001, and to re-advertise.
CONTRACT/AGREEMENT CHANGES: Award bid and establish a yearly contract with L & N
Dependable Janitorial, Inc.
STAFF RECOMMENDATIONS: Same as stated above.
TOTAL COST: $7.020.00
BUDGETED: Yes -L No
Account #001-20501-530-340
COST TO COUNTY: $7.020.00
REVENUE PRODUCING: Yes
No.A-_ AMOUNTPERMONTH_ Year
ITEM PREPARED BY:
Risk Management _
APPROVED BY:
DIVISION DIRECTOR APPROVAL:
. W. King, Acting Sf. Director, Lower Keys Operations
L~ ~--2-
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
x
To Follow Not Required_
AGENDA ITEM #4
DISPosmON:
Revised 2/27/01
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: L&N Dependable Janit. Contract #
Effective Date: 05/01/02
Expiration Date: 04/30/03
Contract Purpose/Description:
To provide ianitorial services at the George Dolezal Library in Marathon.
Contract Manager: Ann Mytnik 4431 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/17/02 Agenda Deadline: 04/03/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 7,020.00
Budgeted? Yes[gl No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 2,925.00
001-20501-530-340-
- - -
----
- - -
----
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed 0 p Review~r '"
Division Director ~ (3/0 v Y esO No~ . ~ ! ~ > () 'l--
RiskManagement 317--?!o";LYes~D CU.j~~
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OMB Form Revised 2/27/01 MCP #2
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CONTRACT
THIS AGREEMENT, made and entered into this 17th day of April, 2002, AD., by and between
MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and L & N
Dependable Janitorial. Inc., (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
1.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
A THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders,
and any addenda issued hereafter, any other amendments hereto executed by the parties
hereafter, together with the bid proposal and all required insurance documentation.
1.02 SCOPE OF THE WORK
The Contractor shall provide janitorial services; including all necessary supplies and
equipment required in the performance of same, and perform all of the work described in
the Contract Specifications entitled:
JANITO~SERVICES
GEORGE DOLEZAL LmRARY - MARATHON
MONROE COUNTY, FLORIDA
And his bid dated March 13. 2002, each attached hereto and incorporated as part of this
contract document. The specifications shall serve as minimum contract standards, and
shall be the basis of inspection and acceptance of all the work. The Contractor shall
insure all exterior doors locked upon their departure.
1.03 THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said service on a
per month in arrears basis on or before the 30th day of the following month in each of
twelve (12) months.
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 contractors proposal as follows: $7.020.00 per year, $585.00 per
month.
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A The Contractor hereby agrees that he has carefully examined the site and has made
investigations to fully satisfy himself that such site is correct and a suitable one for this
work and he assumes full responsibility therefore. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
the Owner, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the Owner of any of the janitorial services
furnished by the Contractor shall not operate as a waiver by the Owner of strict
compliance with the terms of this Contract, and specifications covering the services.
Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the
Owner, if it sees fit, to correct the same and recover the reasonable cost of such
replacement and/or repair from the Contractor, who shall in any event be jointly and
severally liable to the Owner for all damage, loss, and expense caused to the Owner by
reason ofthe Contractor's breach of this Contract and/or his failure to comply strictly and
in all things with this Contract and with the specifications.
1.05 TERM OF CONTRACTIRENEW AL
A. This contract shall be for a period of one (1) year, commencing May 1. 2002 and
terminating April 30. 2003.
B. The Owner shall have the option to renew this agreement after the first year, and each
succeeding year, for two additional one year periods. The Contract amount agreed to
herein might be adjusted annually in accordance with the percentage change in the
Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12)
months available.
1.06 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event 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.
The first ten dollars ($10.00) of remuneration paid to the Contractor IS for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
1.07 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
contractor or any ofhis/her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe County.
1.08 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
1.09 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
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 subcontractor 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 obligation
upon the board in addition to the total agreed-upon price of the services/goods of the
contractor.
1.10 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation pertaining' to, or regulating the provisions of,
such services, including those now in effect and hereinafter adopted. 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 contract immediately upon delivery
of written notice of termination to the contractor. The contractor shall possess proper
licenses to perform work in accordance with these specifications throughout the term of
this contract.
1.11 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST 1-5, as further detailed on forms WCl, GLl,
ED 1, and VL 1, each attached hereto and incorporated as part of this contract document,
and all other requirements found to be in the best interest of Monroe County as may be
imposed by the Monroe County Risk Management Department.
1.12 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced or cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be terminated
immediately at the option of the Board of County Commissioners by written notice of
termination delivered in person or be mail to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
1.13 PROFESSIONAL RESPONSffiILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and
conditions set forth in these contract documents The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
appropriate local, state, and/or federal certification and/or licensure of contractor.
1.14 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
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
L & N Dependable Janitorial, Inc.
P.O. Box 2546
Key largo, FL 33037
1.15 CANCELLATION
A) The County may cancel this contract for cause with seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligations under this
contract.
B) Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
1.16 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
1.17 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
By:
Mayor/Chairman
Deputy Clerk
Date:
(SEAL)
Attest:
CONTRACTOR
L & N Dependable Janitorial, Inc.
By:
By:
WITNESS
Title:
Title:
By:
WITNESS
Title: