Item C06BOARD 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. Kinsz, 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 Key Largo 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 Key Largo 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 $747.20 per
month to $747.95 per month and from $8,966.40 per year to $8,975.40 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $8,975.40/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 Key Largo 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 .I% at December 31 of the previous year from $747.20 per month to $747.95 per
month and from $8,966.40 per year to $8,975.40 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the Key Largo 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 Key Largo Library,
Key Largo, 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: $ 8,975.40 Current Year Portion: $ 2,991.80
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) (e . maintenance, utilities,
CONTRACT REVIEW
Changes
Date Out
Date In
Division Director Li l�%
Needed& -,P Reviewer
Yes❑ No[�
Risk Management 3 �41y,
Yes❑ No
O.M B./Purchasin LX -b i
Yes❑ N&
County Attorney/�'��
Yes❑ No� _
2 S
I Comments:
OMB Form Revised 2/27/01 MCP #2
1' RENEWAL AGREEMENT
(JANITORIAL. SERVICES — KEY LARGO 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 KEY LARGO 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 0 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 fast of the two (2) one-year terms. This term will
commence on Jane 1, 2009 and terminate May 31, 2010; the amount of $747.20 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 Seven
Hundred Forty Seven and 95/100 ($747.95) 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
LIM
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INC.
By. WSAQ
,//
Print N e_ !Yd es D�Peq
Addr s: .O• 07 5
1916
Tel4hofie Number: zjnS -Q a
f P,,q D AS F
JANITORIAL SERVICES— KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
AGREEMENT FOR
JANITORIAL SERVICES
KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
This Aft is made and entered into this a day of 2008,
between MONROE COUNTY, FLORIDA ("COUNTY'), a politi subdivision of the
State of Florida, whose address is I100 Simonton Street, Key West, Florida 33040, and
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 Key Largo
Library, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial service to
Key Largo Library, Monroe Cowty, Florida, and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to Key Largo Library, Monroe County, Florida, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1, THE AG) ENT
The Agreement consists of this document and its mitibits only.
The Contractor shall furnish all labor, matesisk 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, equipment,
and safety devices required in the perforce of same for the Key Largo
Library, located at MM 101.5, US Highway # 1 consisting of approximately
12,068 s.f.
A. Restroom Sanitation shall include fire following on a daily basis:
i. All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
iii. Stall partitions damp cleaned.
ebruery 2008
JANITORIAL SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
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 necessary to maintain a clean and sanitary condition
in these restrooms shall be accomplished, whether it is specifically
noted in these specifications or not.
NOTE. Key Largo Library has l male public resiroom with 1 toilet and 1
urinal, i female public restroom with 2 toilets and 1 employee
restroom with 1 toilet.
B. All sinks and water fountains outside the raft-oom areas are to be cleaned
daily. Water fountains are to be polished periodically.
C. General Cleaning shall be compiatod daily, aid 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. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be
wiped with a damp cloth to reduce the anxmW of dust in the
building.
iv. All trash receptacles emptied, and trash can linens replaced.
V. All upholster finniture to be vacuumed
vi. All carpeting shall be vacuumed with a powerfid HEPA vacuum,
such as the Orek.
D. Weekly janitorial services to include:
i All glass partitions, doors, mirrors, windows, etc. to be cleaned
ardlor polished.
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 mcadily
iii. All air conditioning van, supply and return air grilles cleaned
Aw'°r"°rit 2 Fcbnuffy 2008
JANITORIAL SERVICES— KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
F. The Contractor shall insm all exterior doors are locked while they are
servicing the building and upon their departure.
G. Janitorial services will be S days a week, Tuesday through Saturday
(excluding holidays), begiraring at 7:30 am. or 8:30 am and finishing no
later than 10:00 am. (Library opening time).
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 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 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 contract. All supplies, including but
not limited to, hand soap, paper towels, 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 swept/dust mopped 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 waxed floor shall present a clean appearance free
from scuff marks or dirt smears. Furniture and/or other equipment
moved during floor stripping and waxing shall be wtumed to their
original positions.
ii. Dry Clearing, 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
bright uniform color upon completion of dry cleaning, steam
cleaning or shampooing.
� ZIN"J.I. A �.iL M k foxI....I..
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of Cotmty Commissioners.
Aar—n*M 3 Febnm y 2008
JANITORIAL SERVICES- KEY LARGO LIBRARY
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
documentation acceptable to the Clerk, on a monthly schedule in arrears. 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 fiords. The Contract amount shall be
as stated by the CONTRACTOR's bid as follows: Serer 6aedred forty-seven and
20/100----Dogm ($747.20) per nth.
4. TERM OF AGREEMENT
This Agreement shall continence on June 1, 2M, and ends upon May 31, 2009, unless
terminated 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 terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term Unless the
context clearly indicates otherwise, references to the "term" of this Agreement shall mean
the initial term of one (1) year.
The Contract amount shall be atusted annually in accordance with the percentage
change in the U.S. Depwftnant of Cory Consumer Price index (CPl-U) for all
Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based
upon the CPI-U won at December 31 of the previous year.
CONTRACTOR has, and shall mamtain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and appmwis shall be submitted to the
COUNTY upon request.
CONTRACTOR shall maintain all books, records, and mitts directly pertinent to
performance under this Agreement in accortlanm with Soxxvily aocepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely aces to such records of each other
party to this ant for public records purposes during the term of the Agreement and
for four years following the won of this Agreement. if an auditor employed by the
COUNTY or Clerk deternines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the ironies uV&er with interest calculated pursuant to Sec.
55.03, FS, running from the daze the monies were paid to CONTRACTOR
AV" 4 Febnary 2008
JANITORIAL SERVICES — ICY LARGO LIBRARY
MONROE COUNTY, FLORIDA
7. PUBLIC ACCESS
CCESS
The COUNTY and CONTRACTOR small allow and permit reasonable access to, and
inspection of all documwts, papers, letters or other materials in its possession or under
its control subject to the provisions of Cher 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally caricel 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), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, arm, 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 elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section Aiall be cause for immedWe termination of
this agreement.
Prior to execution of this agent, CONTRACTOR shall Hanish the COUNTY
Certificates of Insurance indwatmg the mmimu n coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law. In addition, the CONTRACTOR shell obtain Employers'
Liability Insurance with linsits of not less than $JAQ, - bodily injury by accident,
$500.000.010 bodily injury by disease, and $LQUMM bodily injury by disease, each
employee.
COMPREHENSIVE AUTOM013ELE VEHICLE LIABILITY INSURANCE. Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $100, 000 la0 per occurrmce, combined single limit for Bodily injury
Liability and Property DamW 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 $&—OM.li per person, $ly per occurrence, and $25, 000.00
property damage. Coverage shall include all owned vehicles, all non -owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Cowl general liability coverage with
limits of liability of not less than L30a000.QQ per occurrence combined single limit for
Bodily injury Liability and Property Damage Liability. If single limits are provided, the
Agree"'" 5 February 2008
JANITORIAL SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
minimum acceptable limits are $LW Q2LQO pa person, $300 000AD per occurrence, and
$?Q. 000 00 prop' -
The Contractor shall purchase and maintain, throughout the term of the contract,
EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $ 0 000.00 per
Occurrence which will pay for losses to County property or money caused by the
fraudulent or dishonest acts of the Comtractofs employees or its agents, whether acting
alone or in collusion of others.
MONROE COUNTY SHALL BE NAMED AS AN ADDMONAL INSURED ON THE
GENERAL LL4BILITYAND NEWCLE LIABILITY POLICIES
CERTIFICATES OF INSURANCE. Original Certificates of Insuimnce shall 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 nof= 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 insurance with respect to the COUNTY, its
officials, employees, agents and volunteers.
Notwithstanding the provisions of Sec. 768.28, 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
insurance 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
contain any provision for waiver.
At all times and for all purposes under this agreement CONTRACTOR is an 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 fad CONTRACTOR or
any of his employees, sins, servants, or agents to be emOoyces of the Board of County
Commissioners of Monroe County.
11. NONDISCRIlIIINATION
The parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a ddermuishon by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically twminales 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 nondiserinwtoon. These indude but are not limited to: 1) Tale VII of the
Civil Rights Act of 1964 (PL 99-352), which prohibit won in employment on
the basis of race, color, religion, see;, and national origin; 2) Tide IX of the Education
Aur"mw t 6 Febnmy 2008
JANITORIAL SERVICES — KEY LARGO LIBRARY
MONROE COUNTY. FLORIDA
Arneridment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sax; 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 §§ 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as anae WkA rdatipg 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 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIR of the
Civil Rights Act of 1968 (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 from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article V1, which prohibits discrimination an the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age, and 11) any ocher nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the sukoct meter of, this Agreement.
12. I
CONTRACTOR shall not assign or subcontract its obligations 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. 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 agreement. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
0 ALC11" _x
In providing all servicestgoods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, mdudimg 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, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in a 4onlance with these specifications throughout the
term of this Agreement.
14. D
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
Aon.7 F&anmy 2008
JANITORIAL SERVICES — KEY LARGO UBRARY
MONROE COUNTY, FLORIDA
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Staturta. COUNTY agrees that off cm and employees of
the COUNTY recognize and will be requtirW to cow4gy with the standards of conduct for
public officas and employees as delineated in Section 112.313, Florida Statutes,
regarding but not limited to, solicitation or aocep1mce of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain infornmtion.
Upon execution of this contract, and thereafter as cages may require, the
CONTRACTOR shall notify the COUNTY of any financial intrest 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 drat, 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 person,
company, onion, individual, or firm, other dw a bona fide employee working
solely for it, any fee, commission, percentage, gift or other consideration sideration 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 Agmement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full mount of such fee, commission, percentage,
gift, or consideration.
15. NO PLEDGE OF CREDIT?
CONTRACTOR shall not pledge the COUNTY'S, credit or make it a guarantor of
payment or surety for any carrtract, debt, obligation, judgmaot, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
Any notice required or permitted rimier this agreenmmt shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified email, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
and
County Attorney
PO. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
Dependable Janitorial Building &
Mairrlenanc�
Post Office Box 2546
Key Lugo, FL 33037
Aar"ment 8 Febnjmy 2008
JANITORIAL SERVICES - KEY LARGO 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 fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement
I& TERMINAMN
a. The COUNTY may terninate this Agreement with or without 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 Can shall constitute a breach of
the obligations of eidr 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 mice of its intention 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 applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative 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 in Monroe County, Florida.
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreernerst by or between any of them the issue shall be
submitted to mediation prior to the institution of any oilman administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rides of Civet Procedure and usual and customary
procedures required by the circuit court of Monroe County,
21. SEWRABITY
If any term, covenant, condition or provisions of this Agreement (or the application
thereof to any circumstance or persons) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the rig terms, covenan{s, conditions
and provision of this Agreerreit, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enfowe rent of the remaining
Agmem "r 9 F&nmy M08
JANITORIAL. SERVICES — KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreemomt The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as dose as possible to the intent of the stricken provision.
y � a �' 3"IT1 r.'`.t�
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 intoWetation of this Agreemeat, the prevailing party shall be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, 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 dtgRA a and disagreements shall be
attempted to be resolved by meet and confer sessions 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 shall be discussed at a public
meeting of the Board of County 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.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONTRACTOR agree to pwticipate, 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 proceedings related to this Agreement.
The terms, covenants, conditions, and provisions of this Agreement shall band and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreemm t have been duly auibonzed by all necessary COUNTY
and corporate action, as required by law.
A" 110 Fetmmry 2008
JANITORIAL SERVICES — KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to fwther the purpose of this Agreement;
provided that all applications, requests, grant proposals, and fianding solicitations shall be
approved by each party prior to submission.
All of the privileges and immunities from li"Iy, exemptions from laws, ordinances,
and rules and pemons and relief, disability, workers' caanpcesution, 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 f nchons and dirties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
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This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case
the perfomtance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, 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 constitution, state statute, and case law.
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No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any this&party claim or erdidement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of eMw shall have the a dhority to inform counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement sepwxte and apa M inferior to, or superior
to the commumly m general or for the purposes cordemplated in *a Agreement.
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
32. NO PEJ SONAL LI&NU.rl'Y
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
Agme11 Febriwy 2W8
JANITORIAL SERVICES - KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
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 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
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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 part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
35. PUBLIC ENTITY CRIME INFORMATION STATEMUM
A person or affiliate who has been placed on the convicted 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 with a public
entity for the construction or repair of a public building or public work, may not submit
bids on Ieases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, supplier, subcontrackw, 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. MUTUAL REVIEW
This agreement has been careUly reviewed by Contractor and the County therefore, this
agreement is not to be construed agaiW either party on the basis of authorship.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid doewnents are incorporated by reference in this
contract agreement
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Coamnissiones. In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no fu rdw obligation under the terms of this Agreement to
the Contractor beyond that already incurred by the Nation data.
ApreemMt 12 Febma[y 2008
JANITORIAL SERVICES- KEY LARGO 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 L. OOLHAGE, CLERK
By:
Deputy tlerk
Date: MAY 2 12008
Witnesses for CONTRACTOR
ASSISTANT C NTY ATTORNEY
Data
BOARD OF COUNTY COMMISSIONERS
OF MONROE UNTY, FLOIDA
By:
Mayor Charles » McCoy
Date: MAY 2 12008
DEPENDABLE JANITORIAL &
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INC.
SiVi9tire of person authorized to
legally bindL=&f=
Date:
Print Name
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Tel Number 44&,_t�
ftr"rnort 13 February 2008