Loading...
Item C04BOARD 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 George Dolezal Library, Marathon, Florida 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 George Dolezal Library, Marathon, FL 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 .1% from $520.00 per month to $520.52 per month and from $6,240.00 per year to $6,246.24 per year. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $6,246.24/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 George Dolezal Library, Marathon 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 $520.00 per month to $520.52 per month and from $6,240.00 per year to $6,246.24 per year. I hereby recommend renewing this agreement with Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida. JWK/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 George Dolezal Library Marathon, 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: $ 6,246.24 Current Year Portion: $ 2,082.08 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date In Division Director 3Aik"I Risk Management PJu O.M.B./PurchasingIr County Attorney ' �VV Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT REVIEW Changes Needed Re i er Yes❑ No&a'- Yes❑ No[g-/ Yes❑ No M /N Date Out Z 1ST RENEWAL AGREEMENT (JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON) THIS 1ST 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 GEORGE DOLEZAL LIBRARY - MARATHON (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 1't renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 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 $520.00 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 Five Hundred Twenty and 52/100 ($520.52) Dollars. 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 LIM Deputy Clerk l �} pt=COUN O PEE) a�sls% BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INQ, By 716-Xle!� Print Name /1/0,e.4 Ad s: T i9• /6-&,/ d ek, a Tefth6ne Num r: -c?V -O 0 Py JANITORIAL SERWCES - GEORGE DOLEZAL LIBRARY - MARATHON MONROE OOUNTY, FLORIDA AGREEMENT FOR JANITORIAL SERVICES GEORGE DOLEZAL LIBRARY - MARATHON MONROE COUNTY, FLORIDA l� This Agreement is made and entered into this � day �f,,2008, between MONROE COUNTY, FLORIDA ("COUNTY" ), aical 'vision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. ("CONTRACTOR'), a Florida corporation, whose address is Post Office Box 2456, Key Largo, Florida 33037. WHEREAS, COUNTY desires to provide janitorial services for GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County, Florida, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to GEORGE DOLEZAL LIBRARY - MARATHON, Monnme County, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County, Florida, now therefore, IN CONSIDERATION of the mutual promises and covenants contained hlerem, it is agreed as follows: I. THE AGREEMENT The Agreement consists of this document and its exhibits only. sitI a vcjf The Contractor shall furnish all labor, materials, equgm=14 tools, transpmodkm, services, and incidentals, to poform all the work necessary in acoondarme with the specifications, i.e., janitorial service„ including all necessary supplies, equnipsnerrt, and safcty devices required in the pfrmmm of same for the GEORGE DOLEZAL LIBRARY - MARATHON, located at 3251 Overseas Highway, eonsistmg of approximately 7,028 s.f. A. Restroom Sanitation shall include the following on a daily basis: i. All Floors swept, loose dirt removed. ii. Wash and disinfect floor iii. Steil partitions damp cleaned.. Aq�.w 1 FeNMY 2008 iv. All commodes, urinals, basins and vanities shall be scoured and disinfected. V. All urinal traps shall be specially cleaned and disinfected. vi. All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. vii. All supplies shall be replaced (paper goods, soap, etc.). viii. All other work nary to maintain a clean and sanitary condition in these resbxK mast shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: GEORGE DOLEZAL LIBRARY • MARATHON has I male public restroorn with I toilet and I urirml, I female public restroom with 2 toilets, and I employee restroom with I toilet B. All sinks and water fountains outside the restroom areas are to be cleaned daily. Wager fouitains 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 furniture and furnishings to be dusted and spot cleaned. iii. Law 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 vacurnned. vi. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the (hek. D. Weekly janitorial services to include: i. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or policed. ii. Obvious scuff marks shall be removed from resilient flooring. iii. All door vents cleaned. E. Monthly janitorial services to include: i. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) ii. All walls dusted monthly iii. All air conditioning vents, supply and return air grilles cleaned. AWSOMt 2 FeNusy 2008 F. The Contractor shall insure all exterior doors arc locked while they are servicing the building and upon their departure. G. Janitorial services will be 4 days a week, Tuesday through Friday (excluding holidays), anytime between the houus of 6:00 pan. and completion before the Library opening time of 10:00 a.m. FL Coordination of the work with the Canty area wive shall be the responsibility of the Contractor. The Contractor shall perform the work during hours and time as specified. T. 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 termination. J. The Contractor shall be responsible for the cost 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 andior vandalism to the Facilities Maintenance Department. L. The Contractor shall provide all supplies necemmy for the cleaning Peribmuum of his work under the contract. All supplies, including but not limitod to, hand soap, paper towels, toilet paper, and trash can firms, shall be supplied by the Contractor. M. Additional Services: (Shall be perforrmed once in every three month period, and shall be included in the bidding price.) L Resilient Flooring shall be swepVdust mopped and stripped. After application of three coats of wax, areas shall be buffed mdrwiently for mwwnwn gloss and uniform sheen fimm wall to wall, including cornets. The waxed floor shall present a clew appearmce free from scauff marks or dirt an>mm Furneurc and/or other equipment moved during floor stripping and wsoung shall be rehrraed to their original positions. I Dry Cleaninn& Sicann Ckanin, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains a W spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. �it; tiff:. "U A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual app opriation by the Board of County Gm m moners. AWaWMW 3 February 200E JANITORIAL SERVICES — GEORGE OOLEZAL LIBRARY - MARATHON MONROE COUNTY. FLORIDA 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. B. CONTRACTOR shall submit to COUNTY invoices with supporting docem cat. - acceptable to the Ciesrk, on a monthly schedule in arrears. Acceptability to the Clot is based on ge ntrally act accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be as shod by the CONIRACTOR's bid as follows: Five Hundred twenty and no/100 — DoIlars (MO-0) per moth 06,M.00 per year). 4. 1M QE A This Agreement shall comnxxnce on Jenne 1, 20M and ends upon May 31, 2M, unless wrntWated 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 tams and conditions mutually agreeable to the parties, exercisable upon written notice given at le w 30 days prior to the end of the initial team. Unless the context clearly wdicafts odnexwise^, references to the "term" of this Agreement shall mom the initial term of one (1) year. The Contract amount small be adjusted am a dly in acemlanee 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 tabor Stdistim and shall be basted upon the CPI-U eornpattion at December 31 of the previous year. CONTRACTOR has, and shall mabdain throughout the tam of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon requesL J IXI ua! V 01 11 '.40"A + Z n ' e+0a all I ;FIT" it CONTRACTOR shall mamtam all books, records, and documents directly perfinent to performance under this Agreement in accordance with generally aooepled accounting principles consistently applied. Each party to this Agreement or their auntborsaed represendtives 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 for years following the termination of this Agreemea . 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 togetbor wi#h inbdnst, ca kuh ted pauXant to Sec. 55.03, FS, running from the date the meanies wee paid to CONTRACTOR. AWsmawt 4 FeWuery 2W8 7. ruplic Acum The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection ot; all documents, papers, letters or other materials in its possession or under its control subject to the p ovisions of Chaps 119, Florida Stattaes, and made or received by the COUNTY and CONTRACTOR in conjtmution with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR- ' L11LIk."t i r CONTRACTOR covenants and agrees to mdeamify and hold harmkw Monroe County Board of County Commissioners from any and all claims for bodily irijur'y (including deidh), pwsonal mjury, and ply dump (mchuding property owned by Monroe Cry) and any other lossm damagm and mWenses (icludmg attorney's fives) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongfhl 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 elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of 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 min urn statutory limits as required by Florida Law. In addition, the CONTRACTOR shall obtsm Employers' Liability Insurance with limits of not less than $100 000,QQ bodily injury by accident, Ss041N ," bodily injury by disease, and $LQU&W bodily hijury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability irmnace, inehulmg appliW* no-fault coverage, with lid of liability of not less than SI00.00011f1 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. If single limits are provided, the minimum acceptable limits are $ per person, $100,000,QQ per occurrence~, and S2S (IO A properly damage. 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 kns duo-LMMM per oocu rrum combined single limit for Bodily Injury Liability and Property Dmage Liability. If single limits are provided, the AWOW W 5 Febm wy 2m • • t•MAU • minimum acceptable limits am $100.000 00 per person, $300,000.00 per occurrence, and $MA . property damage. The Contractor shall purchase and maintain, throughout the term of the corrtract, EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $LUW oQ per Occurrence which will pay for louses 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. MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE GFFIVEMAL LIABHJ"AND VEHICLELJ BIL177EOLICIES CERTMCATBS OF INSURANCE. Original Certificates of insti auee shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if raque sWd. 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 insurancie with respect to the COUNTY, its officials, employees, agents and volunteer. 9. Notwithstanding the provisions of Sec. 769.28, 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 histw mce 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 con am any provision for waiver. I �,j_� _r� .. �.__11... �1..�1....1_t F. T, R. fu...a. At all tithes and for all purposes under this agreement CONTRACTOR is as 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 fired CONTRACTOR or any of his ernpdoyees, subs, servarrts, or agents to be employm of the Hoard of County Commissions of Monroe County. The parties agree that there will be no discrimination agairLst any person, and it is expressly understood that upon a dekrmin a ion by a court of competent jurisdiction brat discrimination has occurred, this Agreement automatically termites without arty further action on the part of any party, effective the daft of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances. as appliuuW relating to nondiscrimination. Then include but aura not limited too: l) Title VTI of the Civil Rights Act of 1964 (PL W352), which prohibit diimimimbTon in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education APSWMW a FahmMy 2lOtt JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON MONROE COUNTY, FLORIDA Amendment of 1972, as amended (20 USC §§ 1691-1693, 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 pn*ibits 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 290eo-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VM of the Civil Rights Act of 1969 (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 fivm time to time, relating to rhondiscxitnination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article V1, which prohibits discrimination on the basis of race, color, sex, religion, fiartional origin, ancestry, sexual aril gander identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter ot; this Agreement. CONTRACTOR shall not assign or subomtract its obligations under this agreement to others, except in writing and with the prior written approPval of the Board of County Cohnmiamoners of Monroe County, which approval shall be subject to such condition 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 agreermeht. Unless expressly plrcrvided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. In providing all services/goods pursue* to this agreeham t, CONTRACTOR shall abide by all laws of the Federal and State government, arm, rules and regulations pig to, or regulating the Provisions of, such mvices, including those now in effect and hachu kv adopted. Compiiamoe with all laws includes, but is not limited to, the immigration laws of the Federal and State govammert. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and Shall entitle the Board to ter nhvft this Agent. CONTRACTOR shall possess proper licenses to perform work in accordwhee with these specifications throuhghout the term of this Agreement. 14. PuKaMURE AM..QQMgXL.QR 20MRF.4'i' CONTRACTOR represents that it, its directors, principles and eamployees, presently have no interest and shall acquire no interest, adhor direct or indirect, which would conflict in 7 Fdnwy 2W8 JAWTOR(AL SERWCES — GEORGE DOLEZAL LIBRARY - MARATHON MONROE COUNTY, FLORIDA any manner with the puf rmance of services required by this contract, as provided in Sect. 112311, ea. 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 112313, Florida Statutes, regarding, but not limited to, solicitation or adduce of gifts; doing business with one's agency; unauthorized comp s; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the: COUNTY of any financial inter it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requmes for counseling, assistance, evaluabon, or treat nit. This provision shall apply whether or not such program is required by stntute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR want that, in respect to itself, it has neither employed nor retained any cry or person, other than a barns fide employee worlciing solely for it, to solicit or secure re 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 sad, at its discreti to offiet from monies owed, or odwwise moovear, the Putt amount of such fee, commission, paw gilt, or consideration. CONTRACTOR shaft not pledge the COUNTY'S credit or make it a guarantor of payment or surely for any conhact, debt, obligation, judgment, liem, or any form of indebitedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the tams of this con1rw. Any notice required or Permitted ureter this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, retnuined receipt requested, to the following•. FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 and County Aft o niey PO. Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: Dependable Janitorial dt Building Maintenance, Inc. Post OfF= Box 2546 Key Largo, Florida 33037 AWMWNPA 8 Fe6nwey 200E JANITORIAL SERVCM - GEORGE aOLEZA . uaw+rtY - MARATHON MONROE COUNTY, FLORItaa DANWA, -= !--- COUNTY is exempt firom payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY' S exemption fi n paying sales tax to its suppliers for materials used to fiillHll its obligations under this contract, not is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such nadexials. CONTRACTOR shall be responsible for any and all traces, or payments of withholding, related to services rendered under this agreement. 18. TERAMATION a. The COUNTY may terminate this Agreement with or withal cause prior to the commencement of work. b. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitubo a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. 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 with neither party having any frnther obligation under the teen s of the contract upon termination. 19. GOVERNING LAw_ VzIII w- wrrRPRJETA77[nN_ [`Rit7"!C_ ■Nn 1W11?C This Agreement shall be governed by and construed in accordance with the laws of the State of Flores applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or adnninistrative proceeding is instituted for the enforcement or interpretaban of this Agreement, the COUNTY and CONTRACTOR agree that venue will He in the appropriate court or before the appropriate administrative body in Monroe Canty, Florida. ujln„� r n The COUNTY and CONTRACTOR agree that, in the event of conflict interpretations of the terns 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 c w tomay Procedures required by the circuit court of Monroe County. If any term, covenant, condition or provision of this Agreement (or the aipplicxtion thereof to any circumstance or person) shall be declared invalid or unable to any exbxd by a taut of competent jurisdiction, the remaining berms, covenants, conditions and provisions of this Agreement, small not be affecbod dmby; and each remam tam, covenant, condition and provision of this Agreement shall be valid and shall be enfaocable to the fullest adeat permitted by law urnI= the enfimmuent of the remaining Avg 9 Fekuwy 20M terms, covenants, conditions and provisions of this Agreement would prevent the aceomplishnnent of the original intent of this Agre rnent Tic COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision fiat comes as close as possible to the intent of the stricken provision. Zj- 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 inteqxetation of this Agreement, the prevailing party shall be entitled to reasonable attomey's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, mves4gative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. COUNTY and CONTRACTOR agree that all dbpefes and dim shall be attennp ed to be resolved by meet and confer sessions between reproves of COUNTY and CONTRACTOR. If no resolution can be agreed upon widda 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 satts&cfion of COUNTY and CONTRACTOR, that any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida. law. siu�ul 4 , - i e; In the event any administrative or legal proceeding is instituted against either party relating to the fornnetion, execution, fit,, 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 odw wtivities related to the substance of this Agreement or provision of the services under this Agreemmt COUNTY and CONTRACTOR specifically agree Bret no party to this Agremtoat shall be required to enter into any arbitration proceedings related to this Agreement. :j I,! I,-L-. J j �*I The terms, covenants, eooditions, and provisions of this Agreenerit shall bind and inure to the beasefit of COUNTY and CONTRACTOR and their respective legal representatives, fives, successors, sod assigns. s_ J k.e.... I6I. Each party represents and warramts to the other that the excautioa, delivery and Perfornuwce of this Agreement have beat duly audwrixed by all necessary COUNTY and corporate action, as required by Iaw. JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON MOFROE COUNTY, FLORDA CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to finther the purpose of this Agree provided that all applications, requests, grant proposals, and fimding solicitations shall be approved by each party prior to submission. All of the privileges and immunities from liability, omriptions from laws, ordinances, and rules and pensions and relies; disability, workers' compensation, and other benefits which apply to the activity of offioen% agents, or employees of any public agents or employees of the COUNTY, when perform their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the perfo maace of such firrtations and duties of such offices, agents, vohmteers, or employees outside the territorial limits of the COUNTY. This Agreement is not mended to, nor shall it be construed as, relieving any participating entity from any obligartion or responsibility imposed Upon the entity by law except to the extent of actual and timely perkirum see dxxwf by any participating entity, in which case the pe Nmance may be offered in satishction of the obligation or reqamibility. Further, this Agreement is not intended to, nor shall it be eonstrved as, maorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitutiM state statute, and case law. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or allempt to enforce any third -party claim or entitlement to or benefit of any service or program oafplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agate, officer, or employee of either shall have the authority to hiform, counsel, or otherwise indicate that any pautaculw 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. CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime 5takement, an Ethics Statement, and a Drug -Free wakpince Sbkmcnt- AWWnwt 1 t FeWuaay 20M JANITORIAL SERVICES — GEORGE DOLEZAL UBRARY - MARATHON MONROE COUNTY, FLORIDA 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 Coctnty shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 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. Section headings have been inserted in this Agreement as a in of convenience of reference only, and it is geed that such section headings are not a part of this Aft and will not be used in the lion of any provision of this Agreement. 35. A persat or affiliate who has been pieced on the convict 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 t with a public entity for the construction or reW of a public building or public work, may not submit bids on bases of real property W a public entity, may not be awarded or perform work as a Construction Ma, supplier, subcontractor, or consultant under a contract with any public entity, and may not trams 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. DUAL RBVIl1rW This agreement has been carttlly reviewed by Gotdractor and the County therefore, this agreement is not to be consbued ap either party on the basis of authorship. I alr : �+ 1,7.14 i ► 4 • F I I..0N F1171 --A.1 1 A!-' IIti :L1�1 al 1 t 1 t;lam t �1 1 t I.t v !I1 -i I< II •�. t f. J1.1 1 -+I �' II 1 The County's performance and obligation to pay under this agreement is cxritnngent upon an annual appropriation by the Board of County Commissior►ers. In the cream that the County finds on which this Agreement is dependent art withdrawn, this Agreement is AWawaW 12 Feb mwy 2W8 JANITORIAL SERVICES — GEORGE DOLEIAL. LIBRARY - MARATHON MONROE COUNTY, FLORIDA terminated and the County has no further obligation under the terms of this Aft to the Contractor beyond that already incurred by the termination date. IN WITNESS WHERF.C3F, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date fira written above in four (4) counterparts, each of which dWL without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: Z L. OLHAGE, CLERK By: Deputy Jerk Date: MAY 2 12008 Witnesses for CONTRACTOR; BOARD OF powry COMMISSIONERS OF MOLARUNTY , FLOIDA By: Mayor Charles -sonny" McCoy Date: MAY 2 12008 DEPENDABLE JANITORIAL & MO OE COUNT TT RNEY XEDA&W EDRO J. ERCADO ASSISTANT C NTY ATTORNEY Date Number rs A ao �C=)? _ —j � • ry ca Av*effWt 13 Feb=" 2008