Loading...
Item C03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval to exercise the first option to renew the contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Big Pine Key Library. ITEM BACKGROUND: On May 31, 2009, the current with Dependable will terminate. In accordance with Paragraph 4 of the original contract dated May 21, 2008, the Owner has the option to renew the contact for two additional one-year periods. This renewal will exercise the first option to renew. PREVIOUS RELEVANT BOCC ACTION: On May 21, 2008, the BOCC approved award of bid and execution of a contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial service at the Big Pine Key Library. CONTRACT/AGREEMENT CHANGES: Renew janitorial service contract to commence on June 1, 2009 and to expire on May 31, 2010; an increase in cost by the CPI-U of. I% from $489.95 per month to $490.44 per month and from $5,880.00 per year to $5,885.28 per year. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $5,885.28/annual INDIRECT COSTS: BUDGETED: Yes X No _ COST TO COUNTY: same SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # M E M O R A N D U M DATE: March 23, 2009 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — April 15, 2009 BOCC Meeting Exercise First Option to Renew Janitorial Services for Big Pine Key Library Dependable Janitorial and Building Maintenance, Inc. The agreement with Dependable Janitorial and Building Maintenance, Inc. for janitorial services will terminate May 31, 2009. Pursuant to Paragraph 4 of the original agreement, the parties hereto wish to exercise the first option to renew. The renewal will commence on June 1, 2009 and expire on May 31, 2010; cost will be increased by the CPI-U of .1 % at December 31 of the previous year from $489.95 per month to $490.44 per month and from $5,880.00 per year to $5,885.28 per year. I hereby recommend renewing this agreement with Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Big Pine Key Library. J WK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Dependable Janitorial Contract # Effective Date: 06/01/09 Expiration Date: 05/31/10 Contract Purpose/Description: Janitorial services for the Big Pine Library Big Pine Key, Florida Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/15/09 Agenda Deadline: 03/31/09 CONTRACT COSTS Total Dollar Value of Contract: $ 5,885.28 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A - - - County Match: $ N/A - - - ADDITIONAL COSTS 1,961.76 Estimated Ongoing Costs: $ /yr For: I (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out ate In Division Director 312? j Needed Reviewer Yes[:]No� Risk Management "-1 Yes❑ No5:3144 '�" ' 01 e_VL.aq O.M.B./Purchas' 3-ZtP -05 Yes❑ NA tj Z County Attorney -4 b°x Yes❑ NgK a I Comments: OMB Form Revised 2/27/01 MCP #2 1" RENEWAL AGREEMENT (JANITORIAL SERVICES — BIG PINE KEY LIBRARY) THIS IsT RENEWAL AGREEMENT is made and entered into this day of , 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037. WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and building maintenance services for the BIG PINE KEY LIBRARY (hereinafter "Original Agreement'); and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this I' renewal agreement; now therefore follows: IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement for the first of the two (2) one-year terms. This term will commence on June 1, 2009 and terminate May 31, 2010; the amount of $489.95 per month shall be adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of. 1% to be Four Hundred Ninety and 44/100 ($490.44) Dollars. 2. Except as set forth in paragraph 1 of this I" Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement 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: DANNY L. KOLHAGE, CLERK Deputy Clerk Witnesses f CONTRACTOR: xF S46ature �D Date �-' gnnaature L q Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA am Mayor/Chairperson DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. By4tO< Print Name Oa" lrl�17 Ad s: t64-41 o2ad-5�IV& _ 303 Tel ne Number: &5'o�i� E C©l1NTY AT R"I TO M. SSkSTA Date JANITORIAL SERVICES — ING PINE KEY LIBRARY MONROE COUNTY. FLORIDA AGREEMENT FOR JANITORIAL SERVICES BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA This Agreement is made and entered into this v�j day of 2008, between MONROE COUNTY, FLORIDA ("COUNTY', a politi vision of the State of Florida, whose address is 1100 Simonton ShcK Key Brest, Florida 33040, and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. ("CONTRACTOR"), a Florida corporation, whose address is Post Office Box 2546, Key Largo, Florida 33037. WHEREAS, COUNTY desires to provide janitorial services for BIG PINE KEY LIBRARY, Monroe County, Florida, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to BIG PINE KEY LIBRARY, Monroe Coady, Florida, and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to BIG PINE KEY LIBRARY, Monroe County, Florida, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMMENT The Agreement consists of thins document and its eadubils only. LaVollir • t:I : The Contractor sball furnish all labor, materials, equipment, tools, transportation, services, and incidentals, to perform all the work necessary in accordance with the specifications, i.e., janitorial service, including all necessary supplies, e*pmerrt, and safety devices required in the perfornumm of same for the BIG PINE KEY LIBRARY, located at Big Pine Shopping Center, corgi of app mr-m- t l 2,400 sf A. Restroom Sanitation shall include the following on a daily basis: i. All Floors swept, loose dirt removed. ii. Wash and disinfect floor iii. Stall partitions damp deaned. iv. All commodes, urmais, basins and vanities shall be scoured and disin%cted. Ao►«mwit 1 Febnmy 2008 JANITORIAL SERVICES — BIG, PINE KEY LIBRARY MONROE COUNTY, FLORIDA V. All wlinah traps shall be specially deawl d and disinfected vi. Ali sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. vii. All supplies shall be replaced (paper goods, soap, etc.). viii. All other work neeessmy to maintain a dean and sanitary condition in these restrooms shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: BIG PINE KEY LIBRARY has I stale public restroorn with I toilet and I urinal, and I female public n+estroom with 2 toilets. B. All sinks and water fountains outside the neswoom areas are to be cleaned daily. Water fountains are to be polished periodically. C. General Cleaning shall be completed daily, and should include the following: i. All tile floors are to be dusted and mopped ii. All fidniture and fit;nishinngs to be dusted and spot cleaned. iii. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. iv. All trash receptacles emptied, and trash can liners replaced. V. All upholster furniture to be vacuumed. vi. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the Oren. D. Weekly janitorial services to include: i. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. ii. Obvious scuff mules shall be retmoved fi+om resilient flooring. iii. All door vents denied. E. Monthly janitorial services to include: i. All high dui (i.e. pictures, door fiarnes, air vents, tops of book shelves, etc.) ii. All walls dusted monthly iii. All air conditioning vents, supply and return air griMes cleaned. F. The Contractor shall insure all exterior doors one locked while they are servicing the btW&W and upon their departure. AW*wmnt 2 Fdtwuwy 2008 JANITORIAL SERVICES — BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA G. Janitorial services will be 4 days a week, Tuesday through Friday (excluding holidays), beginning at or around 8:00 on, and finishing no later than the Library opening time of 10:00 a.m. H. Coordination of the work with the Country area representative shall be the responsibility of the Contractor. 7Le Contractor shall perform the work during hours and time as sped ed I. Keys shall be issued to the Contractor by the area representative at the start of the Contract. written confirmation of receipt of keys shall be signed by the Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termamation. J. The Contractor shall be responsible for the coat of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. K The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department. L. The Contractor shall provide all supplies necessary for the cleaning performance of his work under the conbrsct. All supplies, including but not limited to, hand soap, paper towds, toilet paper, and trash can liners, shall be supplied by the Contractor. M. Additional Services: (Shall be performed once in every three month period, and shall be included in the bidding price.) i. Resilient Flooring shall be swgWdust mopped and stripped. After application of three coats of wax, areas shall be buffed sufficiently for maximm gloss and uniform sheen fiom wall to wall, including corners. The waxed floor shall present a dean appearance free from scuff marks or dirt smears. Furniture and/or othu eluripaernt moved during floor stripping and waxing shall be returned to their original positions. ii. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and spots, and shall have a bnight uniform color upon completion of dry cleaning, steam cleaning or shampooing. 3. PA A COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual approphab m by the Board of County Commissions. COUNTY shall pay in accordance with the Florida Local Government Prorrlpt Payment Act; payment will be made after dudive ffy and impoction by COUNTY and upon submission of a proper invoice by CONTRACTOR. Aweemstlt 3 February 2008 JANITORIAL. SERVICES — BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a moodily schedule in anve s. 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. The Contract ammint shall be as stated by the CONTRACTOR's bid as follows: Few lewined eigiht9-nine and 951100—Dollars (SWJ" pw ate. 4. TEAK OF AGREEMENT This Agreement shall commence an duce 1, 2M, and ends upon May 31, 2009, unless terrninated earlier under paragraph 18 of this Agreement. The COUNTY shall Have the option to renew this Agmemmet for up to an additional two (2) one year periods at teams and conditions mutually agreeable to the parties, a m-cisable upon written notice given at least 30 days prior to the end of the initial term Unless the Context dearly indicates otherwise, references to the "term" of this Agreement shall mean the initial um of one (1) year. The Contract amount shall be adjusted annually m accordance with the percentage change in the U.S. Department of Commence Cow Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Burewh of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. CONTRACTOR has, and shall namWn throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals doll be submitted to the COUNTY upon request. CONTRACTOR shall maintain all boons, records, and domnants directly pertinent to performance under this Agreement in scxordaaee 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 teem of the Agreement and for four yearn fallowing the termination of this Agreement. If an auditor employed by the COUNTY or Clerk desermines that monies paid to CONTRACTOR pursuant to this Agreement were sperm for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with inherit calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR 7. PUBUC ACCESS The COUNTY and CONTRACTOR shlM Am and pewit reasonable access to, and inspection of all documerhts, papers, letters or other materials in its pawession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY sad CONTRACTOR in conjunction with this Agreement; and AQr" MM 4 Fekuary 2008 JANITORIAL SERVICES — BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA the COUNTY shall have the right to unilaterally coned this Agreement upon violation of this provision by CONTRACTOR. a. HQLD HARKLLSS AM IMLS VCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Comnooecs from any and all claims for bodily injury (including deeft ft personal injury, and Property damage (including Property awned by Monroe County) and any other losses, dattr> ges, and vqm mas (including attomey's fees) which arise out of, in connection with, or by reason of services Provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhem within this agreenwit. Failm of CONTRACTOR to comply with the requkemnents of ibis section shall be cause for immeclialle termination of this agreement. Prior to execution of this agrmnent, CONTRACTOR shall furnish the COUNTY CerEificaies of Insunvice indicating the mmalim um coverage, limitations m the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less d m $100000.Qi0 bodily injury by accideant, $500,000.00 bodily injury by diseam and alb bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no -fait coverage, with limits of liability of not less than J100t000txl per occurrence, con abined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, nand all hired vehicles. If sine limits are provided, the minimum acceptable limits are $ per person, a�U0o. per occu ence and $2&Qgq� property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Conunimal general liability coverage with limits of liability of not less tisanes la0M per occo naxe combined single limit for Bodily lnjwy Liability and Property D=W Liability. If sin & limits are provided, the minimum acceptable limits are $10OWM, per person, $, Q Qp per occwr+ence, and $50.000.00 property damage. The Conft=W shall pumhne and rtmantain, tleroughout the teem of the contract, EMPLOYEE DISHONESTY INSURANCE in the mmclmmn amount of $10.012= per Occurrence which will pay for losses to County property or money caused by the 5 Febnnay 2008 JANITORIAL SERVICES — ING PIW KEY LISRARY MONROE COUNTY, FLORIDA fraudulent or dishonest acts of the ControaWs employees or its agents, whether acting alone or in collusion of others. MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE GENERAL LL48& TYAND VEWCLELL BILITYP10L[aES. CERTIFICATES OF INSURANCE. Original Certificates of boxance shall be provided to the COUNTY at the time of execution of this Agreement and certified comes 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 tie COUNTY before any policy or coverage is canceled or restricted. The underwriter of such bisurance shall be qualified to do business in the State of Florida If ro"ested by the County Administrator, the insurance coverage shall be primary iaauuance with mapect to the COUNTY, its officials, employees, arts and volunteers. Notwithstanding the provisions of Sec. 768.29, Florida Stated the participation of COUNTY and CONTRACTOR in this Agreement and Ow acquisition of any conmiercial liability insurance coverage; covearage, or local goat liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agnear neat entered into by the COUNTY be required to contain any provision for waiver. At all times and for all purposes under this agneesnam CONTRACTOR is an independent and not an employee of tie Board of County Canmmissie>nes of Monroe County. No statement c Unied in tiffs 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. The parties agree that tyre will be no disc iamution against any person, and It 1s expressly understood that upon a detmmination by a court of competent ,jurisdiction that discrimination has oocwted, this Agreement aukmviikcally terninow without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statuim and all local orb, as applicable, relating to Those include but are not limited to: 1) Tide VU of the Civil Rights Act of 1964 (PL W352X which prohibit ftCrimitnation in employment on the basis of race, color, religion, sax, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC if 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 7941 which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ff 6101-6107), which prohibits disGrimmabon on the bms of ages 5) The Drug Abm Office and Treatment Act of 1972 (PL 92-255), as ame rwkA relating to nondiscrimination on the AW" nt 6 Fobnwy 2008 JANITORIAL SERVICES— BIG PINE KEY USRARY MONROE COUNTY, FLORIDA basis of drug abuse, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-614 as wooded, relating to nondiscrimination on the basis of alcohol abuse or aleobolisnn; 7) The Public Health Service Act of 191Z §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-31 as amended, relating to confidmda ity of alcohol and drug abuse patent reoor&, S) Title VIll of the Civil Rights Act of 1968 (42 USC if 3601 et seq.), as amended relating to nondiscrimination in the sale, rental or far mxft of housing; 9) The Americans with Disabilities Act of 1990 (42 USC if 1201), as wooded from time to time, relating to nondiscrimination in employment on the bay of disability; 10) Monroe Cranny Code Chapter 13, Article Vl, 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 omen nondiscriminatioin provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 12. CONTRACTOR shad not assign or subcontract its obligations under this agreement to others, except in writing and with the prier written approval of the Board of County Commissioners of Monroe County, which approval stall be subject to such conditions and provisions as the Board may deems necessary. This paragraph shall be incorporated by reference into any assgpme rt or saaixa*act and any assignee or sub shall comply with all of the provisions of this agmema* Unless expressly provided for #wrein, such approval shall in no manner or event be deened to impose any additional obligation upon the board. In providing all services/goods pursuant to this agreen> an. CONTRACTOR shall abide by all laws of the Federal and Stale govennoe ni, a diinwa s, 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, Hiles and regu ationn shall constitute a msterW breach of this agreement and shall entitle the Board to t mma ft this Agreement. CONTRACTOR shall possess proper licenses to perform work in a cmlance with these spe"ca boos throughout the term of this Agreement. CONTRACTOR represcus that it, ib din"s, principles and employees, presently have no interest and stall enquire no inSMS14 NOW diced or indirect, which vwoWd conflict in any manner with the perfamu nce of services mqu wW 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 offices and employees as detineaated in Section 111313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's AW"nwt 7 February 2008 JANITORIAL SERVICES — M PINE KEY LIBRARY MONROE COUNTY, FLORIDA agency; unauthorized cotnperhsation; misme of public posrtton, conflicting employment or Contractual relationship, and daclos= or use of ctic m infbirem on. Upon execution of this contracx and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any finances interest it may have in any and all programs in Marne County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for ding, assistance, evaluntiM or tr+eammt. This provision shall apply whether or not such grogram is mpared by statute, as a condition of probation, or is provided on a voluntary basis - COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any cxrmpany or pexmon, other than a bona fide employee working solely for it, to solicit or severe this Agreement and dug 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, co on, page, gift, or other consideration contingent upon or resulting firom the award or mating of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees drat the COUNTY shall have the right to urinate this Agrsmment without liability and, at its discretion, to offset from monies owed, or olhetwise recover, die full amount of such fan, commission, percentage, gift, or consideration. CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of Payment or surety for any contrack debt, obligation, jW meal, lien, or any form of indebtedness. CONTRACTOR fia'dher warrants and represents dug it has no obligation or indebtedness that would impair its ability to fulfill the terms of tins contract. 11 _ 4eL J . ti. 14\O Any notice regidred or pea<mitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the outer party by certified mail, resumed receipt requested, to the following: FOR COUNTY: Monroe County Facilities Maintenance Derpmtznent 3583 South Roosevelt Boulevard Key West, FL 33040 and County Attorney PO. Box 1026 Key West, FL 33041-1026 17. TAXES FO CONTRACTOR: Dependable daeitoi riai & Building Inc. Post (Vice Box 2546 Key Largo, Florida 33037 COUNTY is owwo from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from Aw"mant 8 FeNuary 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA 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 makwials. CONTRACTOR shall be responsible for any and all taxes, or payments of widdWding, related to services rendered under this agreement. I& TER11WATION a. The COUNTY may terminate this Ag meat with or vndwu t cause prior to the commencement of work- b. The COUNTY or CONTRACTOR may to rninale this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of eidw party to perform the o ftations end under this Agreement. C. Either of the parties hereto may cancel ttBs ag mernent without cause by giving the other party sixty (60) days wntimt nokm of its intemion to do so with neither party having any further obligation under the term s of the contract upon termination. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applica Ne to Agrom i s made and to be performed entirely in the State. In the event that any catuae of action or adminkmidve proceeding is instituted for the enforcement or interpretation of this Agreamnt, the COUNTY and CONTRACTOR agree that venue will lie in the approppriale court or before the appropriate administrative body in Monroe Canty, Plaids The COUNTY and CONTRACTOR agee that, in the event of conflicting inteipretations of the terms or a term of fts Agrarim" by or between arty of thorn the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation Proceedings initialed and axWk fed pursuant to this Agrewtent shall be in accordance with the Florida Rules of Civil Pwcedm and usual and customary procedures regWred by the circuit court of Monroe Coasrty. 21. SEVERABI%iTY If any term, covenant, condition or provision of this Agreement (or the application thereof to any amlroatanoe or person)" be declared invalid or unenforceable to any extent by a court of eomockmt jurisdiction, the romming tenors, covmwts, conditions and provisions of this Agr+ wumt, shall not be affected dweby; and each remaining terra, covenant, condition and provision of this Agreernont shall be valid and shall be enforceable to the fullest extent permitted by law unless the enfa memext of the remaining terms, covenants, conditions and provisions of this Asru anirit would prevent the accomplishment of the: onpW inent of tins Agmeme t. The COUNTY and AW**Mw* 9 F&nmy 2009 JANITORIAL SERVICES — BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA CONTRACTOR agree to reform the Agreement to replace my stricken provision with a valid provision that comes as done as possible to the idea of the stricken provision. �!. � ._:.. � ' ' ::►, ., � I �� � !tom 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 fear in both trial and appellate proceedags. Each party agrees to pay its own court coats, investigative, and out-of-podwt expenses whether it is the prevailing party or not, through all levels of the court system. COUNTY and CONTRACTOR agree that all disputes and disap i e , nI shall be attempted to be resolved by meet and confa sessions between representatives of COUNTY and CONTRACTOR If no tenduMin 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 Commrssionen. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, them any party shall have the right to seek such relief or remedy as may be provided by ttris Agreement or by Florida law. In the event any eve or legal procoo ft is instituted against either party relating to the formation, execution, performosce, or breach of this Agreement, COUNTY and CONTRACTOR agree to participates to the extent required by the other party, in all procecdings, hearings, processes, meetings, and otter adivitk a related to the substance of this Agreement or provision of the services unclear tins Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitro ion proceedings reed to this Agreement. The terms, covenaams, candiu s, and provwons of this Agreement mail bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. �;`,1 1 P GI ill Each party repraents and warrants to the other that the execution, delivery and performance of this Agreement have been duly a uihoriaed by all necessary COUNTY and corporate action, as required by law. AWeena t 10 February 2008 JANITORIAL SERVICES — BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA �,—lam,.. ;l#�'. ��.���.:... +1' 1r� E► CONTRACTOR and COUNTY agroe dw 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 p opmals, and fisding solicitations shall be approved by each party prior to submission. -ji! -- : i�I I I 1-1: 11)► 10 r l s. All of the privileges and immunities from liabft, eawmpions f orn laws, ordinances, and rules and pensions and relief, disebililS', workers' coon, and other benefits which apply to the activity of offices, agents, or employees of any public agents or employees of the COUNTY, wham performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the perfonnanoe of such functions and duties of such officers, agents, volunteers, or employees outside do territorial limits of the COUNTY. This Agreement is not ir#tended to, nor shall it be coaatruied as, relieving any participating entity from any obligation# or responsibility unposed upon the entity by law except to the extent of actual and timely perfomsnce thereof by any participating artily► in which case the performiumm any be offered in satisfaction of the obiigalmion or responsibility. Further, this Agreement is not inumded W 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 consbUd ion, state statute, and also law. No person or entity shall be er#t W to rely upon the lams, or any of them, of this Agreement to enforce or attempt to enforce army third -party ciaicm or entittement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree tint neither the COUNTY am the CONTRACTOR or any agent, officer, or employee of a iduer stall have the authority to infan% counsel, or otherwise indicate that any particular individual or grump of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inf nor to, or superior to the community in general or for the purposes contemphited in this Agreement. M. '—j fk CONTRACTOR agreas to execuse such doc =tB as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO ELISQ3" No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any mennI o officer, agent or wq ioyee of Monroe County in his or her Aarwmant 11 Fekumy 2" JANITORIAL. SERVICES - BIG PINE KEY UBRARY MONROE COUNTY, FLORIDA individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personalty on thnis Agreem rd or be subject to any personal liability or accountability by reason of the execution of this Agreement. r _.,�._ K h L I I C+ � a II L Kkit. 1j.a t b This Agreement may be executed in any number of counierperrts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. .....�!_� 1 :12s_1i L 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 prat of this Agreement and will not be used in the n*wpretafm of any provision of this Agreement 3S• MEMW A person or affiliate who has beer placed on the convicted vein 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 subrnit a bid on a contract with a public entity for the coon or repair of a public budding or public work, may not submit bids on leases of red property to a public entity, may not be awarded or perform work as a Construction ManW. supplier, s-1- antractor, err cone to nt 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` 36. MUTUAL REVIEW This agreement has beau me&* wwwad by Contraaor and the County therefore, this agreement is not to be construed agnut either party on the basis of authorship. 37. The teens and conditions of the bid documents am incorporated by reference in this contract agreement The County's pe foromme and oblig fin to pay under dais atgn meat is contingent upon an annual appropriation by the Hoard of County Goners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County hano fixth r obligation under due slams of this Agreement to the Contractor beyond drat already incurred by the terrnnmmion date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement an the day and date Brat written above in four (4) counterparts, each of AW*wraft 12 February 2008 JANITORIAL SERVICES — BIG PINE KEY LIBRARY MONROE COUNTY. FLORIDA which "L widxxd proof or accounting for the ollm courftWts, be deemed an original contract (SEAL), �,. BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAM CLERK OF MONROFIJUNTY, FLOIDA By:(� b4puty d"t MAY 2 nesm e. UO Date: Witnesses for CONTRACTOR. By: Mayor Charlm "gonny" McCoy Date: MAY 2 12008 DEPENDABLE JANMRIA & BUILD,jKG ANCE, INC. Sipik6m of personauthorizedto lenK bind Camorabon - ,-- I/ mill j.j F 3UNTy OR Ey Cl T A 0 ST RO ED AST 140:) C= ROADO Rr to J. R 0 -y ATTOR rn Ty t4T 1 0 TY T COr C ASSISTANT '0 Date 7— tv Agreement 13 Febmay 2008