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HomeMy WebLinkAbout10/17/2007 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 9, 2008 TO: Dent Pierce, Director Public Works Division Beth Leto, Assistant Director , '> Public Works Division .,r b.""'. c. De"",". DC.)'" . ATTN: FROM: At the October 17, 2007 BOCC meeting, the Board granted approval and authorized execution of a Contract between Monroe County and Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key, and Monroe County. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Financle File t.,./ JANITORIAL SERVICE SPECIFlCA flONS . VETERIIN'S MEMORIAL PARK RESTROOMS, liTTLE DUCK KEY MONROE COUNTY, FLORIDA AGREEMENT FOR JANITORIAL SERVICE VETERAN'S MEMORIAL PARK RESTROOMS LITTLE DUCK KEy MONROE COUNTY, FLORIDA This Agreement is made and entered into this J 3> ~daY of October, 2007, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and CULVER'S CLEANING COMPANY ("CONTRACTOR"), whose address is Post Office Box 500333, Marathon, Florida 33050-0333. WHEREAS, COUNTY desires janitorial services be provided for Veteran's Memorial Park restrooms on Little Duck Key, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services for Veteran's Memorial Park restrooms on Little Duck Key; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services Veteran's Memorial Park restrooms on Little Duck Key, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: -.. -~ c:l CJ _. :;,,,": ~ 1. lIfE AGREEMENT The Agreement consists of this document and its exhibits only. ~~2_~"-:' .-,', c-.- 2. &;;OPE OF THE WORK: A. \-- :'1 0 DESCRIPTION i. The contractor shall furnish janitorial services, including all necessary supplies and equipment required in the perfonnance of same, for the rest room facilities located at Veteran's Memorial Park on Little Duck Key, Mile Marker 40, Monroe County Florida. The restrooms include one women's restroom with three toilets and one sink; a .men'srestroom with two toilets, one urinal and one sink; and a handicap restroom with one toilet and one sink. Agl'88ment 1"1 October 2001 .... = = 0<> <- ". -- .~ ~ '1''; :::1 I \.0 -u :x w JANmjFlfAL Se1lVICE SPECIFICATIONS VETE~iAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA ii. The contractor shaH be responsible for unlocking the rest room facilities seven (7) days per week promptly at 7:30 a.m. iii. The contractor shaH be responsible for locking the rest room facilities seven (7) nights per week promptly at sunset. B. WORK HOURS i. The contractor shaH open and un lock all rest rooms (men's, women's, and handicap) seven (7) days per week at 7:30 a.m, ii. The contractor shall clean all rest rooms (men's, women's, and handicap) seven (7) nights per week upon closing, or seven (7) mornings per week upon opening. iii. The contractor shall close and lock all required rest room facilities seven (7) nights per week at sunset. C. REST ROOM SANITATION Rest room sanitation shall include the following services: i. All floors, concrete surfaces and ramps must be swept with a straw broom & the loose dirt removed. ii. Wash and disinfect floor and upon completion, floor is to be mopped to a damp dry condition. iii. Stall partitions damp cleaned. 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 shall be cleaned, waste disposed, and disinfected. vii. All paper products shall be replaced/replenished, to include toilet paper, paper towels and sanitary products. Restrooms are equipped with the Cormatic paper towel and toilet paper dispensers. viii. All Cormatic soap Dispensers are to be filled with hand soap. ix. All slop sink closets are to be cleaned completely each week and mops, buckets, etc., removed to storerooms after usage. x. All trash receptacles are to emptied on a daily basis. xi.AII other work necessary to maintain a clean and sanitary condition in these rest rooms shall be accomplished, whether it is specifically noted in these specifications or not. Ag"",ment 1-2 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA D. COORDINATION OF THE WORK i. Contractor shall provide maximum amount of janitorial services with the minimum amount of interference to rest room occupants. ii. 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 times as specified. Hi. 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. iv. 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. v. The contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Area Representative immediately. E. PAPER PRODUCTS AND SUPPLIES i. The contractor shall provide all supplies necessary for the cleaning performance of his work. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the contractor. ii. The contractor shall maintain stock in each facility in an amount sufficient to last through the next cleaning day. F. INSPECTION OF WORK i. Random inspections shall be performed by County Representatives from the Public Works Division administering the contracts. ii. Deficiencies shall be corrected within a twenty-four (24) hour period of notification to the contractor. Failure of the contractor to correct such deficiencies shall result in prorated deduction from the monthly invoice. 3. OO'MENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. 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. Agreement 1-3 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETE~iAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA B. CONTRACTOR shall submit to COUNTY monthly invoices in arrears on or before the 30th day of the following month in each of the twelve (12) months, with supporting documentation acceptable to the Clerk, If necessary. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be as stated by the CONTRACTOR's bid as follows: Two Thousand and no/tOO-Dollars ($2,000.00) per month. 4. :n:RM OF AGREEMENT This Agreement shall commence on November t, 2007, and ends upon October 3t, 2008, 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) on.e year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 60 days prior to the end ofthe initial term. Unless the contract clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one year. The Contract amount shall be adjusted annually 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 and shall be based upon tille CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE OF CONDmQNS BY CON1JlACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUN'TY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to perforrnance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. 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 together with interest calculated pursuant to Sec. 55.03, ]Florida Statutes, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACq;SS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspectiion of, all documents, papers, letters or other materials in its possession or under Agreement 1-4 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA its control subject to the provisions of Chapter 119, Florida Statutes, and made or receivloo by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE 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 Coun~y) 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, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requin~ments contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this ag;reement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certifi.cates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Wher~' applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employee's Liability coverage in the amount of$100.000.00 bodily injury by accident, $500.000.00 bodily injury by diseasl~, policy limits, and $100.000.00 bodily il\iury by disease, each employee. The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE DISHONESTY INSURANCE in the minimum amount of$10, 000. 00 per Occurrence which will pay for losses 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. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicl,~ liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100.000.00 per person, $300.000.00 per occurrence, and $50.000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicltls, and all hired vehicles. Agreement 1-5 October 2007 JANITOI~IAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000.00 per <x;currence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY within fifteen (15) days of the award of Bid and certified copies providc:d if requested. Each policy certificate shall be endorsed with a provision that not less thim 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. Monroe County shall be named as an additional insured on the Vehicle Liability and Commercial General Liabilily insurance. If requested by the County Administrator, the insurance coverage shall b.~ primary insurance with respect to the COUNTY, its officials, employees, agents and voliunteers. 9. NON-WAIVER OF IMMUNITY 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, selHnsurance 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. 10. INDEPENDENT CONTRACTOR 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 statem~:nt 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. 11. NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a conrt of competent jurisdiction that discrimination has <x;curred, this Agreement automatically terminates 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 nondiscrimination. These include but are not limited to: I) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ~~ 1681-1683, and 1685-1686), which prohibilts 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 handicalps; 4) The Age Discrimination Act of 1975, as amended (42 USC ~~ 6101-6107), Agreement 1-6 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA which prohibits 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 nondis(:rimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ~~ 523 and 527 (42 USC ~~ 69Odd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII 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 Chapte:r 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and I I) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 12. ASSIGNMENTISUBCONTRACT 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 refe:rence 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. 13. COMPLIANCE WITH LAW AND LICENSE REOUIREMENTS In pro~iding all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertainiing to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, 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 accordance with these specifications throughout the term of this Agreement. 14. ,DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for Agreemen1 1-7 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FlORIDA 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 compensation; 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 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 and, at its discretion, to offset from monies owed, or otherwise recover, the full amount 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 contract, debt, obligation, judgment, lien, or any form of indebtl:dness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 16. NOTICE REOUlREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monro<~ County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 FOR CONTRACTOR: Anthony Culver Culver's Cleaning Company Post Office Box 500333 Marathon, Florida 33050-0333 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONll~CTOR shall not be exempted by virtue of the COUNTY'S exemption from Agreement 1-8 October 2007 JANITt::lFlIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA paying sales tax to its suppliers for materials used to fulfill its obligations under this contrllct, 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. 18, TERMINATION A. The COUNTY may terminate 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. Cause shall constitute 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. 19. GOVERNING LAW. VENUE. INTERPRET ATION. COSTS. ANp 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 administrative proceeding is instituted for the enforc'~ment 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. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms 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 shalllx~ in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. 21. SEVERABILITY 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 competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, 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 enforcement of the remaining terms, <covenants, conditions and provisions of this Agreement would prevent the Agreement 1-9 October 2007 JANITClRIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROQMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA accomplishment o.f the o.riginal intent o.f this Agreement. The COUNTY and CONTRACTOR agree to. refDrm the Agreement to. replace any stricken provisiDn with a valid pro.visio.n that comes as c1o.se as possible to. the intent o.fthe stricken provisio.n. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause o.f actiDn o.r administrative proceeding is initiated Dr defended by any party relative to. the enfo.rcelllimt o.r interpretatio.n o.f this AgJ:~ment, the prevailing party shall be entitled to. reaso.nable atto.rney's fees in both trial and appellate proceedings. Each party agrees to' pay its awn court casts, investigative, and o.ut-of-pocket expenses whether it is the prevailing party o.r no.t, through all levels o.f the Co.urt system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to. be reso.lved by meet and co.nfer sessio.ns between representatives o.f each o.f COUNTY and CONTRACTOR. If the issue o.r issues are still no.t resolved to. the satisfactio.n o.fCOUNTY and CONTRACTOR, then any party shall have the right to. seek such n~lief o.r remedy as may be pro.yided by this Agreement o.r by Flo.rida law. 24. COOPERATION In the event any administrative Dr legal proceeding is instituted against either party relating to. the fo.rmatio.n, executio.n, perfo.rmance, Dr breach o.f this Agreement, COUNTY and CONTRACTOR agree to. participate, to. the extent required by the ather party, in all proceedings, hearings, processes, meetings, and ather activities related to. the substance Df this Agreement o.r pro.visio.n o.f the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no. party to. this Agreement shall be required to. enter into. any arbitratio.n proceedings related to. this Agreement. 25. BINDING EFFECT The terms, covenants, co.nditio.ns, and provisio.ns o.f this Agreennent shall bind and inure to' thll benefit Df COUNTY and CONTRACTOR and their respecfive legal represtmtatives, successo.rs, and assigns. 26. AUTIlORITY Each party represents and warrants to the ather that the executio.n, delivery and perfo.nnance o.f this Agreement have been duly autho.rized by all necessary COUNTY and corporate actio.n, as reqttire<i by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empo.wered to. apply far, seek, lInd o.btain federal and state funds to. further the purpo.se o.f this Agreement; Agreemel:'\t 1-10 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA provid,~ that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIE& All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, 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, volunte:ers, or employees outside the territorial limits of the COUNTY. 29, LEGAL OBLIGATIONS AND RESPONSIBILITIES 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 pelformance 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 permitt,ed by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES 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 third-party claim or entitlement 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 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 benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ,ATTESTATIONS 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 Workpl,ace Statement. 32. JIlO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreememt of any member, officer, agent or employee of Monroe County in his or her individmd capacity, and no member, officer, agent or employee of Monroe County shall Agreement 1-11 October 2007 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE COUNTY, FLORIDA be Iiahle 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 regard<ed 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 section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 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. KOLHAGE, CLERK BY:~~ak./~, jQvJ:J~ Deputy Clerk I BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: /)J1~J{y~ Mayor Mario Di Gennaro Date: 10-11_0; Date: I D - 17 - 0 7 Witnesses for CONTRACTOR: ~~t{~ Signature IQ/;U/07 ~4 ~fel /~ I QJ lor 0'1- Date By: Si rson authorized to Ie lIy bind Corporation Date: /.0- 9'-0? Anthony_Culver Print Name Address:Post Office Box 500333 Marathon, FL 33050-0333 305-743-7926 Telephone Number Agreement October 2007 OJ. SSISTANT CO Date ERCADO _ / NTY ATTORNEY 10(, q 6 7 JANITORIAL SERVICE SPECIFICATIONS VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY MONROE. COUNTY, FLORIDA Agreement 1-13 October 2007