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05/21/2008 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 27,2008 TO: Dent Pierce, Director Public Works Division FROM: Beth Leto, Assistant Director Public Works Division Pamela G. Hancock, D~ ATTN: At the May 21, 2008, Board of County Commissioners Meeting the Board granted approval and authorized execution of the following: Contract Amendment between Monroe County and Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for the Lower Keys Facilities - Monroe County Courthouse Annex, alk/a Judge Jefferson B. Browne Courtroom Complex, 1. Lancelot Lester Justice Building including Clerk's Records Storage Facility, Juvenile Detention, Key West Library (May Hill Russell Library). /Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Big Pine Key Library, Big Pine Key, Florida. ./Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida. /Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Islamorada Library, Islamorada, Florida. /Contract between Monroe County and Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the Key Largo Library, Key Largo, Florida. Agreement between Monroe County and Blue Island Irrigation, Inc. for lighting at West Martello Towers, Key West. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finane,;: File ./ JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA AGREEMENT FOR JANITORIAL SERVICES BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA uaE ~ This Agreement is made and entered into this ,;)/ day of ~ , 2008, between MONROE COUNTY, FLORIDA ("COUNTY''), a politi UbdiVISlOll oftbe State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. ("CONTRACTOR''), a Florida corporntion, whose address is Post Office Box 2546, Key Largo, Florida 33037. WHEREAS, COUNlY desires to provide janitorial services for BIG PINE KEY LIBRARY, Monroe Comty, Florida, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to BIG PINE KEY LIBRARY, Monroe COIBlty, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to BIG PINE KEY LIBRARY, Monroe Comty, Florida, now tberefore, IN CONSIDERATION of tbe mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibils only. 2. SCOPE OF mE WORK: The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and incidenta1s, to perform all tbe work necessary in accordance witb tbe specifications, i.e., janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the BIG PINE KEY LffiRARY, located at Big Pine Shopping Center, consisting of approximately 2,400 s.f A. Restroom Sanitation shall include tbe following on a daily basis: I. All Floors swept, loose dirt removed. II. Wash and disinfect floor III. Stall partitions damp cleaned. IV. All conunodes, urinals, basins and vanities shall be scoured and disinfected. Agreement 1 February 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA v. All urinal traps shall be specially cleaned and disinfected. VI. All sanitaIy 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 sanital)' condition in these restrooms shall be accomplished, whether it is specifically noted in these specificatioos or not NOTE: BIG PINE KEY UBRARY has I male public restroom with I toilet and I urinal, and I female public restroom with 2 toilets. B. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fOWltains are to be polished periodically. C. General Cleaning shall be completed daily, and should include the following: 1. All tile floors are to be dusted and moPPed. 11. All furniture and furnishings to be dusted and spot cleaned. 111. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. IV. All trash receptacles emptied, and trash can liners replaced. v. All upholster furniture to be vacuumed. VI. All carpeting shall be vacu1BI1ed with a powerful HEP A vacuum, such as the Orek D. Weekly janitorial services to include: 1. All g1MS partitioos, doors, mirrors, windows, etc. to be cleaned and/or polished. 11. Obvious scuff D1lIIks shall be removed from resilient flooring. 111. All door vents cleaned. E. Monthly janitorial services to include: 1. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) 11. All walls dusted monthly 111. All air conditioning vents, supply and return air grilles cleaned. F. Tbe Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. Agreement 2 FebruaIy 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA G. Janitorial services will be 4 days a week, Tuesday through Friday (excluding holidays), begiming at or around 8:00 am, and finishing no later than the Library opening time of 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. I. Keys shall be issued to the Contractor by the area representative at the start of the Contract. Written confinnation 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 repoI1 any problems regarding open doors and/or vandalism to the Facilities Maintenance Department. L. The Contractor shall provide all supplies ~"'Y for the cleaning performance of his work WIder 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 inc:luded in the bidding price.) 1. 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 comers. 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 wllXing shall be returned to their original positions. 11. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. 3. PAYMENTS TO CONTRACTOR A. COUNlY'S performance and obligation to pay under this agreement, is contingent upon mmual 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 inspedioo by COUNlY and upon submission of a proper invoice by CONTRACTOR. Agreement 3 February 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a 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 offmds. The Contract amount shall be as stated by the CONTRACTOR's bid as follows: Four Inmdnd eipty-tline and 951100---DoUan ($489.95) per month. 4. TERM OF AGREEMENT This Agreement shall commence on June 1. JOlI8, and ends upon May 31. 2009, unless terminated earlier l.Dlder 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 amolDlt shall he lKljusted 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 the CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE OF CONDIJION~ BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall he submitted to the COUNlY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance 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 purjlQSes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.D3, FS, nmning from the date the monies were paid to CONTRACTOR 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of; all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreemeut; and Agreement 4 Febrwuy 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, flORIDA the COUNTY shall have the right to milaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnity and hold harmless Monroe County Board of Comty CommissiOllelS from any and ail claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe Comty) and any olher 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 requirements contained elsewhere within this agreement Failure of CONTRACTOR to comply with the requirements of this section shall be cause for imnediate termination of this agreement. Prior to execution of Ibis agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimwn coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for ail employees at a minimum statutory limits as required by Florida Law. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than S/OO,OOO.OO bodily uyury by accident, $500,000.00 bodily injury by disease, and S/OO,OOO.OO bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S/OO.OOO.OO per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include ail owned vehicles, ail non-owned vehicles, and ail hired vehicles. If single limits are provided, the minimum acceptable limits are S50.000.00 per person, S/OO,OOO.OO per 0CCW'RlDCe, and S25.000.00 property damage. Coverage shall include all owned vehicles, ail non-owned vehicles, and ail hired vehicles. COMMERCIAL GENERAL LIABILITY. CommerciaI general liability coverage with limits of liability of not less than $300.000.00 per occumnce combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimwn acceptable limits are S/OO.ooo.OO per person, S300,OOO.OO per occurrence, and $50,000.00 property damage. The Contractor shall purchase and maintain, throughout Ibe term of the contract, EMPLOYEE DISHONESTY INSURANCE in the minimlBD 8UlOIDlt of $/0.000.00 per Occurrence which will pay for losses to County property or money caused by the Agreement 5 February 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE GENERAL UABlUTY AND VEHICLE LlABIUTY POUCIES. CERTIFICATES OF INSURANCE. Original Certificates of Insurance sbaII be provided to the COUN1Y 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 shaIl be provided to the COUNlY before any policy or coverage is c:anceled 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 COUN1Y, its officials, employees, agents and volunteers. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 168.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of my commercial liability insurance coverage, self-insurance coverage, or loc:al government liability insurance pool coverage shall not be deemed a waiver of immmity 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 Imder this agreement CONTRACTOR is m 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 find CONTRACTOR or any of his employees, subs, servlD1ts, or agents to be employees of the Board of County Commissioners of Monroe County. 11. NONDISCRIMINA nON The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination by a court of competent jurisdiction that discrimination has ocaarred, this Agreement automalically 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 loc:al ordinances., as applicable, relating to nondiscrimination. These include but are not limited to: I) Tide 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 1912, as amended (20 USC U 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1913, as amended (20 USC ~ 194), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1915, as amended (42 use U 6101-6101), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1912 (PL 92-255), as amended, relating to nondiscrimination on the Agreement 6 Februmy 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitatioo 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 U 69Odd-3 and 29Oee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use ~~ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or fmancing of housing; 9) The Americans with Disabilities Act of 1990 (42 use ~~ 1201), as 8IJJIlIIded from time to time, relating to nondiscriminatioo in employment 00 the basis of disability; 10) Monroe County Code Chapter 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 ll) any other nondiscriminatioo provisions in any federal or state statutes which may apply to the parties to, or the su~ect matter of, this Agreement. 12. ASSIGNMENTISUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations mder 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 ~ect to such conditions and provisions as the Board may deem ,,~.~. lbis 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 10 impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND UCENSE REOUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and Stale government, ordi~ rules and regulations pertaining 10, or regulating the provisions of, sudt 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 Stale goVelMloout. 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 ac:cordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFUCT OF INTEREST 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 any manner with the perfOl1llllllCe of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Stalules. COUNTY agrees that officers and employees of the COUNTY recogni7.e and will be required to comply with the standards of conduct for public officers and employees as delineated in Seetioo 112.313, Florida Statutes, regarding, but not limited to, solicitation or acc:epIance of gifts; doing business with one's Agreement 7 February 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA agency; mauthorized compensation; misuse of public position, conflicting employment or contractual relatimship; and disclosure or use of certain information. Upon execution of this contract, IIIId lhereafter as changes may require, the CONTRACTOR shall notifY the COUNTY of lBlY financial interest it may have in any and all programs in Monroe Comty 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 bas neither employed nor retained any company or pel'SOIl, other than a bona fide employee working solely for it, to solicit or secure this AgreeOleut and that it bas 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 A~t 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 indebtedness. CONTRACTOR further WlII11II1ts 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: Monroe Comty Facilities Maintenance Dep.ub......l 3583 South Roosevelt Boulevard Key West, FL 33040 and County Attorney PO. Box \026 Key West, FL 33041-1026 FOR CONTRACTOR: Dependable Janitorial & Building Maintenance, Inc. Post Office Box 2546 Key Largo, Florida 33037 17. TAXES COUNTY is exempt from payment of Florida Slate Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from Agreement 8 FebIUllI)' 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY. FLORIDA paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNlY'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 COUNlY may terminate this Agreement with or without cause prior to the commencement of work. b. The COUNlY 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 inlention to do so with neither party having any further obligation under the term s of the contract upon termination. 19. GOVERNING LAW. VENUE.. INTERPRETATION. COSTS. 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 lII:tion or administrative pnx;eeding is instituted for the enforcement or interpretation of this Agreement, the COUNlY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNlY 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 pnx;eedings initiated and conducted pmsuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe Comty. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance (II' person) shall be declared invalid or menforceable to any extent by a court of competent jurisdiction, the remaining tenns, covenants, conditions and provisions of this Agreement, sba1l 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 accomplishment of the original intent of this AgteMlellt The COUNlY and Agreement 9 Februmy 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision 22. ATIORNErS FEES AND COSTS COUNTY and CONTRACTOR agree that in Ibe event any cause of action or administrative ~ng 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 bolh 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 23. ADJUDICATION OF DISPUTES o.R DISAGRI:I:MENTS COUNTY and CONTRACTOR agree that all disputes 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, Ibe issue or issues shall be discussed at a public meeting of Ibe Board of County Conunissioners. If the issue or issues are still not resolved to the satisfaction of COUNlY 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 administJlIlive or legal ~ng is instituted against either party relating to the formation, execution, perfonnance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all pr()C.P.P.flillg.'l, bearings, processes, meetings, and other activities related to the substance of Ibis Agreement or provision of the services mder this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any artIitratioo proceedings related to Ibis Agreement. 25. BINDING EFFECT The terms, covenants, coodi1ions, and provisions of this Agreement shall bind and inure to the benefit of COUNIY and CONTRACTOR and Ibeir respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the oIher that the execution, delivery and performance of this Agreement have been duly authorized by all PecesS81)' COUNTY and corporate action, as required by law. Agreement 10 Febrwuy 2008 JANITORIAL SERVICES - BIG PINE KEY UBRARY MONROE COUNTY, FLORIDA 27. CLAIMS FOR FEDERAL OR STATE Am CONTRACTOR and COUNIY agnle that each shall be, ;n\ is, empowered to apply for, seek, and obtain federal and state fimds to further the pwpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITlIi'~ All of the privileges and immunities from liability, exemp&ions 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 COUNIY, wben perfonning their respective functions under this Agreement within the tenitorial 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 tenitorial limits of the COUNIY. 29. LEGAL OBUGATlONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be coostrued as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actuaI and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be coostrued as, authorizing the delegation of the coostitutionaI or statutory duties of the COUNTY, except to the extent permitted by the Florida coostitution, state statute, ;n\ case law. 30. NON-RELIANCE BY NON-PARTlIi'_~ 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 COUNIY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to infonn, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefils mder this A8t"""'''''.. 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 Workplace Statement. 32. NO PERSONAL UABIUTY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officei', agent or employee of Monroe County in his or her Agreement 11 FeblUal)' 2008 JANITORIAL SERVICES - BIG PINE KEY 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 nlRDber of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 34. SECflON HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that stdl section J-li~ 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 STATEMENT 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 leases of real property to a public entity, may not be awarded or perform work as a Construction Managei", supplier, subcontractor, or consultant mder a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.011, for CATEGORY TWO for a period of 36 months from the date ofbeing placed on the convicted vendor list.' 36. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the COllllty therefore, this agreement is not to be construed against either party on the basis of authorship. 37. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 38. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. 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 mder the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNlY and CONTRACTOR hereto have executed tills Agreement on the day and date first written above in four (4) counterparts, each of Agreement 12 February 2008 JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) " Attest: l>ANNYL. KOLHAGE, CLERK By:GE;'5~. ~ MA'J c. 1 ceM , j ,1.G tUUO BOARD OF COUNlY COMMISSIONERS OF MONRO UNlY, FLOIDA By: Mayor Charles' " McCoy MAY 2 1 2008 Date: Date: Witnesses for CONTRACTOR: ~.~~ Signature J.j~;Ioy ~ i ature r J.j i~ cf/tl ~ Date " / Si e of person authorized to ~:y bi~~l1:br M4I- ~f~~ Print Name y<e. () /' e Num~-z::>tt./i-d.)(O Tel 3: ..... CJ = " C) = z )> co ~2g :x ;- > ~'~1 -< "~1 ':',": .-'.... N 0 ':-J -.l , --'.- ..<".- . " ,- ::.: ..." ~ > .:::- N Agreement 13 February 2008