Item C05BOARD 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 Islamorada 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 Islamorada 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 $502.00 per
month to $ per month and from $6,024.00 per year to $6,030.12 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6,030.12/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 Islamorada 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 $502.00 per month to $502.51 per
month and from $6,024.00 per year to $6,030.12 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the Islamorada Library.
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 Islamorada Library
Islamorada, 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: $ 6,030.12 Current Year Portion: $
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.
Datei In
Division Director 512
Risk Management
O.M.B./Purchasing 3 / Cf;
County Attorney'/��
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT REVIEW
2,010.04
>alaries, etc.)
Changes Date Out
Needed Reviewer
Yes❑ No[`� % U
Yes❑ No,
Yes No y
Yes❑ NoP
l" RENEWAL AGREEMENT
(JANTTORIAL SERVICES — ISLAMORADA LIBRARY)
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 ISLAMORADA 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 $502.00 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. I% to be Five Hundred
Two and 511100 ($502.51) 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
By
Deputy Clerk
Witnesses for CONTRACTOR:
X
-'-Signature
Date
Signature
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:A
Mayor/Chairperson
DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INC.
By
Print Name Ox /!
Tele hone Nu47 o7
Iv40 GE CGU�iT . _ E
P RGV D AS F
a. P119 _RCAD0
ASSS
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
AGREEMENT FOR
JANITORIAL SERVICES
12SLAMORADA LIEBARY
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this day of . 2008
betwem MONROE COUNTY, FLORIDA ("COUNTY"), apolitical vision of the
State of Florida, whose address is 1100 Simonton Sbreet, Key West, Florida 33040, and
DEPENDABLE JANITORIAL dt 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 ISLAMORADA
LIBRARY, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
ISLAMORADA LIBRARY, Monroe County, Florida, and
WHEREAS, it serves a legitimme public purpose for CONTRACTOR to provide
janitorial services to ISLAMORADA LIBRARY, Monroe County, Florida, now
therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1.
The Agreement consists of this docurnent and its exhibits only.
The Contractor shall famish all labor, materials, egmpanaeK tools, transportation,
services, and incidentals, to perform all The work necessary m accordance with the
specificatims, i.e., janitorial service; including all necessary supplies, equipment,
and safety devices required m the performance of same for the ISLAMORADA
LIBRARY, looted at 2331 Overseas Highway, Islamorada, Florida, consisting of
approximately 5,699 s.f.
A Restrnom 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 cleaned.
Ap►Nt Feb nwy 2009
JANITORIAL SERVICES - ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
iv. All comirnodes, urinals, basins and vanities shall be scoured and
disinfected:
V. All urinal traps shall be specially cleaned and disinfected.
vL 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 necessary to maintain a elm and sanitary condition
in these restroorns shall be a000rrlpiished, whedxx it is specifically
noted in these specifications or not
NOTE: ISLAMORADA LIBRARY has I male public restroom with I
toilet and I urinal, and I female public, restroom with 3 toilets.
B. All sinks and wow fountains outside the n%bom area we to be cleaned
daily. Water fountains an to be polished periodically.
C. General Clewing 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 cleared.
iii. Low ledges, sift rails, tables, shelving, baseboards, etc. to be
wiped with a damp cloth to reduce the amount of dust in the
building.
iv. All bash receptacles emptied, and trash can liners replaced.
V. All upholster furniture to be vacourned
vi. All carpeting " be vacuumed with a powerful HEPA vacuum,
such as the Orek-
D. Weekly janitorial services to include:
i. All glass partitions, doom mirrors, windows, etc. to be cleaned
and/or polished.
ii. Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents clewed
E. Monthly janitorial services to include:
i. All high dusting (i.e. pictures, door frames, air vats, tops of book
shelves, etc.)
ii. All walls dusted monthly
iii. All air conAtioning vents, supply and return air grilles clewed
Agr"nuM 2 Fcb=zy 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
F. The Contractor shall insure all exterior doors are locked while they are
servicing the balding and upon their deparkffe.
G. Janitorial services will be 4 days a week, Tuesday thm Friday (excluding
holidays}, anytime between the hours of 6.00 p.m., and completion before
10:00 am.
H. Coordination of the work with the County area representative shall be the
responsibility of the Contractor. The Contractor shall perform the work
during hours and time as specified.
1. 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 ail 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 arm 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 Depwirn>ent.
L. The Contra shall provide all supplies mecessmy for the cleaning
performance of his work under the c nowt. All supplies, including but
not limited to, hand soap, paper towels, toilet paper, and trash can liners,
shall be supplied by the Contractor.
hi Additional Services: (Shall be performed once in every three month
period., and shall be included in the bidding price.)
i. Rewlient Flooring shall be swept/dust stopped and stripped. After
application of three coats of wax, areas shall be buffed sufficiently
for maximum gloss and uniform sheen from wall to wall, including
corners. The waded floor shall presmit a clew appearance free
from scuff marks or dirt smears. Furniture and/or other equipment
moved during floor stripping and waxing shall be returned to their
original positions.
I 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, stuns and spats, and shall have a
bright uniform color upon completion of dry cleaning steam
cleaning or shampooin&
A. COUNiY'S performance and obligation to pay under this agreement, is
contingent upon ararual Wpropniation by the Bond of County Commissioners.
Ap" rat 3 Febnwy 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDAL
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 small submit to COUNTY invoices with supporting
documentation acceptable to the Cleric, on a mo thiy sdwkie in arrears. Acceptability
to the Clot is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Cleric's disbursal of funds. the Cmum amount shall be
as staW by the CONIRACTOR's bid as fellows: Fbe Modred Two nand no/100----
DoUsm (SSe2.00) per r
4.
This Agreement shall cornmeaee ore rise 1, 2W, and ands upon May 31, 2009, unless
terminated earlier under pwvgrWh IS of tiers Agre=fft.
The COUNTY shall have the option to renew this Agreemart for up to an additional two
(2) one year periods at terns and cormStion nmfuually agiveable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term Unless the
context clearly indicators odrerwiscy refwxwes to the "term" of this Agreement shall mean
the initial term of one (1) year.
The Contract amount shall be adjusted aw uaily in accordance with the pmentage
change in the U.S. Department of Commerce Consumer Price Index (CPT-U) for all
Urban Counsum m as reported by the U.S. Bureau of Labor Statistics and shall be based
upon the CPI-U computation at December 31 of the previous year.
CONTRACTOR has, and shall maintain dt aighou t the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY u pw request.
CONTRACTOR shaft mainum all books, records, and docummis directly pertinent to
performance under ibis Agreer=# in accordance with genesrally accepted accounting
principles consistently applied. Each party to this Agreed or their authorized
representatives shall have mason ale and binaly access to such records of each other
party to this Agreanent for public rowrds pulpow during dw term of dw Agreement and
for four years following the tom ins ion of this Agreement. If an auditor employed by the
COUNTY or Cleric debeenirnes fund manias paid to CONTRACTOR purrsumt to this
Agreement were spent for purposes mat audwized by fhis Agreement, the
CONTRACTOR shall repay the monies log &w with interest calculated pursuant to Sec.
55.03, FS, nunning from the date the monies were paid to CONTRACTOR
7. PURUC ACUM
The COUNTY and CONTRACTOR shelf allow and permit reasonable access to, and
inspection of, all documents, papers, Ieftas or oilier mtlter"als in its possession or under
A9r"nwt 4 Febru 2008
JANITORIAL SERVICES — MLAMORADA LIBRARY
MONROE COUNTY. FLORIDA
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the rigk to unilaterally this Agreement upon violation of
this provision by CONTRACTOR
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), Per MW HVINY, and property damage (Mdodmg property owned by Monroe
County) and any other Iasses, damages, and expenses (including attorney's fees) which
arise out of in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, ernes, or other wrrxgfW 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 elswwhmre within this agreement. Failure of CONTRACTOR to
comply with the requirements of tins section shall be cause for invnedia#e termination of
this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Ins nuxv indicebnng the nanirnum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABJLTIY INSURANCE.
Where applicable, coverage: to apply for an employees at a minimaun statutory limits as
required by Florida Law. In addition, the CONTRACTOR shall obtain Employers,
Liability Insurance with limits of not less than $j-0,000.,QQ bodily injury by accident,
$500.00000 bodily injury by disease, and a � bodily injury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILTTY INSURANCE. Motor
vehicle liability insurance, indu&ng applicable no-fauh covere, with limits of liability
of not less than ,I J%00ROU Per occurrence, combined single limit for Bodily Injury
Liability and Property Ike Liability. Coverage shall include all owned vehicles, all
non -owned vehicles, and all hived vehicles. if single limits are provided, the minimum
acceptable limits are $ per person, $100,000, per occumyice, and $24. q=
property 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 leas than &02M. per occurrence combined single limit for
Bodily injury Liability and Property DamW Liability. If single limits are provided, the
minimum acceptable limits are $100,000, per pawn, $3 per occurrence, and
$MOMA0 property -
Aw"nwa 5 Febnmy 2008
JANITORIAL SERVICES - ISLAMORADA UBRARY
MONROE COUNTY, FLORIDA
The Contractor shall purchase and maintain, throughout the team of the contract,
EMPLOYEE DISHONESTY INSURANCE in the minimtrn amount of Siaom QO per
Occurrence which will pay far lasses to CwlrIly property or money caused by the
fraudulent or dishonest acts of the Contractoes employees or its agents, whether acting
alone or in collusion of otluxs.
MONROE COUNTY SJZ4U BE NAMED AS AN ADDITIONAL INSURED ON
THE GENERAL LLlBIL17T AND VEMCM LL48ILIYYPULICM
CERTIFICATES OF INSURANCE. Original Certificates of Insw=ce shell be provided
to the COUNTY at the time of execution of this Agreement and certified copies 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 to 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 mmmee with respect to the COUNTY, its
officials, employees, agents and voluetteers.
� 1 ► 1 I ;., . 1. Ir y
Now the provisions of Sec. 769.28, Florida Stag, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquotioh of airy cwnunercial
liability insurance coverage, seff4ns mwe coverages or local government liability
insurance pool coverage shall not be deemed a waiver of imnnmity to the extent of
liability coverage., nor shall any Agreement entered into by the COUNTY be required to
contain any provision for waiver.
R+ .V r ar l+
At all times and for all purposes uncle[ this sgreesnant CONTRACTOR is an independent
and not an employee of the Board of Caanty Conmhissiorhers of Monroe County. No
statement contained in this 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.
ULNINVd ,r+,,_ -C, I., I I, , r TZI
The parties agree that there will be no disennmation agamst arty person, and it is
expressly understood that upon a detierhh ination by a court of cat jurisdiction that
discrimination has occurred, this AgwwwW autornificaily twminates 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 statutes, and all local ordinances, as applicable,
relating to nondiscrimmobon. Thew memo bait we not limited to: 1) Tnte VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in amplayment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education
Amendment of IM as amended (20 USC $f 1691.1683, and 1695-1686), which
prohibits on the basis of seat; 3) Section 504 of dw Rehabilitation Act of
1973, as amended (20 USC j 7941 which prohibits t irn*mation on the basis of
AUM11M 6 Febnary 2008
JANITORIAL SERVICES — ISLAMORAtk1 LIBRARY
MONROE COUNTY, FLOPJDA
handicaps; 4) The Age Nscriminatiim Act of 1975, as amended (42 USC §§ 6101-6107),
which prohibits di mmuna ion on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as arneaded, rieFabmg to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Reh"itation Ad of 1970 (PL 91 -616), as amended, relating to
nondiscrmunatiion on the WAS of alcohol abuse or alcoholism 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-31 as amended,
relating to confidentiality of aloolsol and drag abuse patent records; 8) Tale VIII of the
ed,
Civil Rights Act of 1968 (42 USC if 3601 et seq.), as amendrelating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC H 1201), as amended from time to time, relating to
nondiscrimination in enquloyment an itre basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits won orh tine basis of race, color, sex,
religion, national origin, a ncestiry, sexual orientation, gender identity or expression,
familial status or age; and 11) any otdser .1mifi-wi u.a=on provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of this Agrt.
CONTRACTOR slnll not assign or mboantract its obhgabom under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. Tidy pwagraph shall be incorporated
by reference into any assignment or ssubconbW and any assignee or sub shall comply
with all of the provisions of this agreeuAmal Unless earp 4,* provided 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 pursuant to tus unit, CONTRACTOR shall abide
by all laws of the Federal and State government, anibunceg, rules and regulations
pertaining to, or regu Wmg die provisions o( such services, including those now in effect
and herd adopted. COMPliance with all laws includes, but is not limited to, the
immigration laws of the Federal and Stye goventiamt. Any vidW ion of said statutes,
ordinances, rules and regulmio s: shall constitute a nuteaial breach of this agreement and
shall entitle the Board to ant nkm to this Agreement CON 1RACMR shall possess
proper licenses to perform work in accordance with these spaifcations throughout the
term of this Agreement.
CONTRACTOR represents tbat it, its direCtoS, prinaipks and employees, presently have
no interest and shall acquire no insesest, either direct or in&ect, which would conflict in
any manner with she perfarn oom of services required by this contract, as provided in
Sect. 112,311, e. seq., Florida Sss u". COUNTY agrees than officers and employees of
the COUNTY recognize and will be required to comply with the standalyds of conduct for
'w° mwt 7 FeNuay 2008
JANITORIAL. SERVICES - ISLAMORADA LIBRARY
MONROE COUNTY, FLOR►DA
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized oontpaesalioq 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 interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required 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 company or person, other than a bona fide employee working solely for
it, to solicit or secure this Agreement and that it has not paid or agreed to pay any pin,
company, corporation, individual, or firm, other than a bona We employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting frost the award or mabag of this Agreern t. For the breach or
violation of the provision, the CONTRACTOR a& that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or odvxwme recover, the full amount of such fee, commission, percentage,
gift, or consideration.
t .a P4 C0 D. Sol 'A Al M
CONTRACTOR shall not plebe the COUNIY'S credit or make it a guarantor of
payment or surety for arty contract, debt, obligatioxk judgment, lies, or any form of
indebtedness. CONTRACTOR further vm mhts and represents that it has no obligation
or indebtedness that would impair its ability to fidfill the terms of this contract.
t1y M' '.111: r9
Any notice required or permitted under this agreanent shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by c wtified mail, nounted receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Departmeot
3583 South Roosevelt Boulevard
Key West, FL 33040
and
County Attorney
PO. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
Dependable lanitocial Building &
Mainteriance
Post Office Boot 2546
Key Largo, FL 33037
Aweei.m. 8 F&nmuy 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppliers for materials used to fiMl its obligations under this
contract, nor is CONTRACTOR andwized to use the COUNIY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be re qmx ible for any and all
taxes, or payments of whine!ding, related to services rendered under this agreement.
18. 'FBR14QN1A;�¢,�i
a. The COUNTY may terminate this Agreement with or without cause prior to
the comment of work-
b. The COUNTY or CONTRACTOR may terminal a this Agreement for
cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of
the obligations of either party to perform the obligations enurnerated 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 wiehtion to do so with neither
party having any fiw&w oblige kon unnder the term s of the contl ml upon to mination.
19. GOWAN INC' LAW, VRd11 M, D'i'ElLILETAUQN= GUSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or eve proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body m Monroe County, Florida.
r l (' .y I -
The COUNTY and CONTRACTOR agree; that in the event of conflicting interpretations
of the terms or a term of this Agreem n by or between any of them the issue shall be
submitted to mediation prior to the institution of any other adminishative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Flocda Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
�
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of eompelent ju>nsdi tim, the remaining tamps, covenants, conditions
and provisions of this Agreement, dmU not be affected thereby; and each remaining term,
covenant, condition and provision of this AgreamcM shall be valid and shall be
enforceable to the fullest extent partied by law unlasa the enfWament of the ruining
Aawn*M 9 February 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original Went of this Agreement. The COUNTY and
CONTRACTOR agree to refam the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
COUNTY and CONTRACTOR agree that m 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 fees in bath trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, and ont-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system
A 1 1 + +. ' 1."Y1101.y u) . ill _ —Mc
_c
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be m;oived by meet and confer sesnars between representatives of
COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days
after the first meet and confer session, the issue or issues shafl be discussed at a public
meeting of the Board of Cm* Commissioners. if the issue or issues are still not
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
In the event any eve or legal proceeding is institated against either party
relating to the formation, exopkosn, peforrmwe, or breach of this Aunt,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedirigs related to this Agreement.
i�1.� Z ;t' .ail
The terms, coveulns, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
kI. +,:_tP
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
Aonenwt 10 Fekmy 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state finds to fiffilm the purpose of this Agreement:
provided that all applications, requests, grant proposals, and finding solicitations shall be
approved by each party prior to submission.
All of the privileges and imn pities from liability, moons fim laws, ordinances,
and rules and pensions sand relief, disability, workers' c gxnsatiart, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon ilia entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in sdteartion of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, Ong the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
No person or entity shall be entitled to rely upon the tams, or slay of them, of this
Agreement to enforce or dump to enforce any d irdlarty claim or entitlement to or
benefit of any service or program comempLUed hereunder, and the COUNTY and the
CONTRACTOR agree dW neither the COUNTY nor die CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or ben ft under this Agrewnwit separate and apart, inferior to, or superior
to the community in general or for the purposes eontempli W in this Agreement.
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a PubTcc Entity Crime Statemaae an Ethics Statement, and a Drug -Free
Workplace Stateanent.
11 February 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
UalwalTaTs'lual_ tM
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 County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreemeint may be executed m 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
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such sechm headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
35. PUNUC EMM CRWE INEQMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime nay not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, supplier, subcontractor, or consultant 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. 1HUMAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of autinarship.
37. IN CQRtQ1LAMW UK jB
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
The County's perfomrance and obligation to pay under this agreement is cargingent upon
an annual appropriation by the Board of County Conmoissicxhas. In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the leans of this Agreement to
the Contractor beyond that already incurred by the termination date.
Agreement 12 per, 2008
JANITORIAL SERVICES — ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
IN WITNESS WHEREOF, COUNTY and CONTRACTOR 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 I.g-OLHAGI:, CLERK
By.
Jerk
Date: MAY-1 12008
Witnesses for CONTRACTOR --
Signature
.ate
, & `
,91inkme
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROFjIC*JN'IY, FLOIDA
By:
Mayor Charles " " McCoy
Date: MAY 2 12008
DEPENDABLE JANITORIAL &
BUILDflk MADGMANCE. INC.
Sign*ure of person authorized to
legally bind Co on
DaW.
AlbOf
,eAt
Print N
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Tel -ow Number �2 to
COUNTY A
VAD AS T9
S STANT COU�TY ATTORNEY
Date
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Apr"ffwrt 13 FeN uaty 2008