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Item C21 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2004 Division: Public Works Department: Facilities Maintenance rS~ Bulk Item: Yes -----X- No AGENDA ITEM WORDING: Approval of a Contract Amendment with G&K Services for a rate increase based on the percentage change in the consumer price index for all urban consumers. ITEM BACKGROUND: In accordance to the original contract with G&K Services dated January 15, 2003 Article 3.05 (B), the contract 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 months available, On March 12, 2004, G&K Services requested in writing the CPI-U increases effective February 1, 2004. PREVIOUS RELEVANT BOCC ACTION: On January 15, 2003, the BOCC approved to award bid and enter into a contract with G&K Services for the Division of Public Works uniform services, and on December 17, 2003, the BOCC approved the first of two one-year options to renew the contract. CONTRACT/AGREEMENT CHANGES: To increase uniform prices by 1.89% retroactive to February 1, 2004, (increases total contract price from $47,787 to not to exceed $48,690.17) STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Not to exceed $48.690,17 BUDGETED: Yes ----K- No COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem. Gas Tax. & Internal Billing REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty -X OMBlPurchasing ~ Risk Management _X_ DIVISION DIRECTOR APPROVAL: ~/',<<~ J~/~ Dent Pierce, Director Public Works DOCUMENTATION: Included X To Follow Not Required_ DISPosmON: AGENDA ITEM # C. 2 I Revised 1/03 ~~ 14720 NW 24th Court OpaLocka, FL 33054 (305) 688-9626 I P (305) 688-7330 If G&K SERVICES. March 12,2004 Certified #700205100003 51720380 Monroe County Public Works Division Facilities Maintenance Department 3583 S. Roosevelt Boulevard Key West, FL 33040 Attn: Ann M. Riger, Contract Monitor Public Facilities Maintenance Dear Ms. Riger; As per our telephone conversation of 03/11/04 I am mailing you a written request for you to present to the Board of County Commissioners. At this time we are asking that the Board of County Commissioners approve the annual CPI-U increase of 1.88% on behalf of G&K Services, effective 02/01/04. According to the BID contract that was signed between G&K Services and Monroe County in 2000, we would be entitled to the CPI-U increase upon the yearly renewal of said contract. We would like to take this opportunity and thank you for allowing us to continue fulfilling your uniform service needs. P=-?2;; Gene Gonzalez Branch Manager G&K Service OpaLocka - 151 n--' .. ~ I RECET'TED I MAR 1 7 2004 BY: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: G&K Services Contract # Effective Date: 02/01/04 Expiration Date: 01/31/05 '. Contract Purpose/Description: To increase contract price by the percentage change in the CPI-V, retroactive to 02/01/04 Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/21/04 Agenda Deadline: 04/06/04 CONTRACT COSTS Total Dollar Value of Contract: $ 48,690.17 NTE No D Account Codes: Current Year Portion: $ 32,460 001-20501-530-340-/001-20502-530-340 504-23501-530-340-/102-22500-530-340 147-20503-530-340- 101-20505-530-340- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) Budgeted? Yesr8J Grant: $ N/A County Match: $ N/ A CONTRACT REVIEW Changes Date In Needed Division Director 3/31)loy YesD NoD Risk Management 3 J lfj!o '" Y esD Noff O.M.B./Purchasing~z;?/Ot YesD No~ County Attorney .3/2.--1/4 YesD NoC}- .::?H Date Out 3 Ifl/tJr sh 710'1 Comments: OMB Form Revised 2/27/01 MCP #2 ..~;.: f CONTRACT AMENDMENT (Uniform Service - Public Works Division) TIllS' Amendment is made and entered into this 21 st day of April, 2004 between the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement between the parties dated January 15, 2003, as renewed on December 17, 2003, (copies which are incprporated hereto by reference) as follows: 1. In accordance to Article 3.05 (B) of the original agreement dated January 15, 2003, the contractor requests an increase in contract price by the percentage change in the consumer price index for all urban consumers (CPI-U) for the most recent twelve months available, Percentage change in the CPI-U for January, 2004 of 1,89% therefore increases the contract prices as follows: a) Material Type 65/35 polyester/cotton - shirt/pant combination increases from $4.25 to $4.33 per employee per week. b) Material Type 100% cotton - shirt/pan combination increases from $4.90 to $4,99 per employee per week. c) The Not to Exceed limit for the total contract increases from $47,787,00 to $48,690.17, 2. Contract price increases are retroactive to the commencement date of February 1,2004. 3, In all other respects, the original agreement between the parties dated January 15th, 2003, and as renewed on December 17, 2003, remains in full force 'and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year fIrst written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: G & K SERVICES Witness Witness By: Title RENEWAL AGREEMENT (Uniform Service - Public Works Division) THIS Renewal is made and entered into this 17th day of December, 2003 between the COUNTY OF MONROE and G & K SERVICES in order to. renew the agreement bern'een the parties dated January 15,2003 (a co.py which is incorporated hereto by reference) as fo.llo\\'s: 1. In accordance with Article 3.05 (B) o.f the original agreement, the Co.unty exercises its first of two. one-year options to renew the Agreement. 2. The term o.f the renewed agreement will commence o.n February 1, 2004, and terminate January 31, 2005. 3. In all other respects, the original agreement between the parties dated January 15th, 2003 remains in full fo.rce and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ByG---e~ D~uty Clerk By:L~~ >n ~J G & K SERVICES By: a~ qb~ ~ / / A~.A.A/t':;; ~,p . Title MONROE COUNTY ATTORNE:Y ~FORM: ROB. . WOL~E CHIEF MSISUI~{. OI,lNT~ATTGflNEY Dale-L.l.=. r~ .~ C> t. . SECTION THREE CONTRACT () '. . ".' ,.~.~: .'/1. ,.......... . .' 'f'~ :~'. " '.' mlS AGREEMENT, made and entered into this 15'" day of January, 2003, A.D., by and bet,\'ccn MONROE COUNTY, FLORIDA. (herc>inafter sometimes call fhe "owner"), and G&K Selvicl~s , (h<:'J('lflaftCI called the "Contractor) WITNESSED: That the parties hereto, for the consideration hereinafter ,.ct furth, mutually agree as follow: 3.01 THECONTRACT The contract between the Owner and the contractor, of which this agreement is a part, consists of the contract documents. 3.01 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. 3.02 SCOPE OF THE WORK The Contractor shall provide uniform service, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in the Specifications entitled: UNIFoRM SERVICE And his bid dated December 11, 2002, 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. 3.03 THE CONTRACT SUM The County shaH pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 30111 day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for uniform services performed under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) must be invoiced as follows: · Material Type 65/35 polyester/cotton - shirt/pant combination. Four dollars and twenty-five cents $4.25 per employee, per week · Material Type 100% C0110n - shirt/pant combination Four dollars and ninety cents $4.90 per employee, per week Total contract shall not exceed $47.787.00 per year. ]'_04 CONTRACTOR 'S A(\~:'.;~PT ANCE OF CONDTTlONS t . ~~i'.~"1~.:'"-;~::~~~ A. The ContractoJ hereby agrees that he has carefully examined the site and has made investigations to fiJlly satisfy himself tha1 such site is correct and a suitable one for this work and h<.' assul11es full responsibility there1ilre The provi~ion~ of the Contr3ct shall control any incollsIste.1ll pJ<wisions containe.d in the specifications All specifications have been re.ad and carefully considcled 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 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 of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 3.05 TERM OF CONTRACTIRENEW AL A. This contract shall be for a period of one (I) year, commencing February 1, 2003 and termi nating January 3 1, 2004. B. The Owner shaJI 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 illost recent twelve (12) months available. 3.06 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 seIVices 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 UlslIranc.e, the ContrA~~~)r shall indemni(v the County from a~/:~md all increased expenses resultin!.!.' trOlll such d- - V The first ten dollars ($10.00) of remuneration paid to the Contractor IS for the indemnification provided for (lh(,\\I(' Tll<' e\1c.:111 of liability is in 11() \\-~) limited to, reduced, OJ !t:s:>cned by the insurance requirclllell1s contained elsewhere within this agreement 3.07 INDEPENDENT CONTRACTOR At all times and for ail 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 of his/her employees, contractors, seIVants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.08 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, 3.09 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 thereiI~, 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. 3:10 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 tlus contract immediately upon delivery of written notice of temlination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the tenn of this contract. 3.11 INSURANCE \:' rnor to executIOn 0\' .~li~ .agreement, the contractor shall fumts,l the O','ner Certificates of Insuranc.e ind it-at Ill!! . e minimum coverage limitations as jicated by an "X" on the attached (l11l11S identllled as INSCKLST 1-5 as further detailed on forms WC} GLI and ' , , VL J, edch attached hereto and incorporated as part of this contract document, and all othcr r('quin~l11(,l1ts f(1und to be in the nest interest of Monroe Count\' as mav he illlposed by tl1(' MnllHll' Coullty Risk Managcment DCp3Jlmcnl ~';.....,-.~,. '....'r~-'~~.rx,. 3.12 FUNDJNG 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 tenninated immediately at the option of the Board of County Commissioners by written notice of tennination 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. 3.13 PROFESSIONAL RESPONSmILITY 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 shaH 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. 3.14 NOTICE REQUIRE:MENT 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 FOR CONTRACTOR Monroe County Facilities Maintenance G&K Services 3583 S. Roosevelt Blvd. 14720 NW 24th Court Key West, FL 33040 Opa Locka, FL 33054 3.15 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. 3.15 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. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 3,16 CONTINGENCY STATEMENT Monroe County's p~'~;ormance arid obligation to pay und~tthis ~ntract is'con~~g~nt upon an annual appro iat ion by the Monroe County Board \. 20unty Commissioners. '. "..~-~..,.- --...... . . .... . IN J:~SS V,,"HEREOF the parties hereto have executed this Agreement on the day and date li('Sf~iih'~bove in four (4) counterparts, each of which shall, without proof or accounting r." /(:,the,~!:~r,~unterparts, be deemed an ongmal contract. .~ ''''':'' ,:- (SEAL) Attest: D~ry L. KOLHAGE, CLERK BY~~Q,~~~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ~O~9E <<aUNTYjFL9~ ,(/J/u ///. ~t By: Mayor/Chairman Date: o {- 15-()3 (SEAL) Attest: CONTRACTOR G&KS By: By: Title: Title: ~N\ By: WITNESS Title: /tee:"l l"~1f<