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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 -ISlAMORADA LIBRARY MONROE COUNTY, FLORIDA AGREEMENT FOR JANITORIAL SERVICES ISLAMORADA LIBRARY MONROE COUNTY, FLORIDA This Agreement is made and entered into this j)/~ day of ~ .2008, between MONROE COUNlY, FLORIDA (~COUNlY'), a political bdivision of the State of Florida, whose address is II 00 Simonton Street, Key West, Florida 33040, and DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INe (~CONTRACTOR"), a Florida corporation, whose address is Post Office Box 2456, Key Largo, Florida 33037. WHEREAS, COUNTY desires to provide janitorial services for ISLAMORADA LIBRARY, Momoe Comty, Florida, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to ISLAMORADA LIBRARY, Momoe COWIty, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to ISLAMORADA LIBRARY, Momoe Comly, Florida, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF THE WORK: The Contractor shall furnish all labor, materials, 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 performance of same for the ISLAMORADA LIBRARY, located at 2331 Overseas Highway, Islamorada, Florida, consisting of approximately 5,699 s.f. A. Restroom Sanitation shall include the following on a daily basis: I. All Floors swept, loose dirt removed. II. Wash and disinfect floor iii. Stall partitions damp cleaned. Agreement 1 Febrwuy 2008 JANITORiAl SERVICES -ISlAMORADA UBRARY 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 VH. All supplies shall be replaced (paper goods, soap, etc.). Vlll. All other work necessary to maintain a clean and sanitary condition in these restroolIl'l shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: ISLAMORADA LIBRARY has I male public restroom with 1 toilet and I urinal, and I female public restroom with 3 toilets. B. All sinks and water fountains outside the restroom areas are to be cleaned daily. Water fountains 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 H, All furniture and furnishings to be dusted and spot cleaned. HI. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. I v, All trash receptacles emptied, and trash can liners replaced. v. All upholster furniture to be vacuumed. VI. All carpeting shall be vacuumed with a powerful HEP A vacuum, such as the Orek. D. Weekly janitorial services to include: 1. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished. H. Obvious scuff marks shall be removed from resilient flooring. HI. 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.) H. All walls dusted monthly 111. All air conditioning vents, supply and return air grilles cleaned. Agreement 2 Febnwy 2008 JANITORIAL SERVICES -ISlAMORADA UBRARY MONROE COUNTY, FLORIDA F. The Cootractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. G. Janitorial services win be 4 days a week, Tuesday thm Friday (excluding holidays), anytime between the hours of 6:00 p.m, and completion before 10:00 a.m H. Coordinatioo of the work with the County area representative shall be the responsibility of the Contractor. The Cootractor shall perform the work during hours and time as specified I. Keys shall be issued to the Cootraclor by the area representative at the start of the Cootracl Written confinnatioo of receipt of keys shall be signed by the Contractor. The Contractor sba1I return all keys as issued upon expiration of the contract or tennination. 1. The Cootrador shall be IllSponsible 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 necessmy 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 Cootractor. 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 miform sheen from wall to wall, including comers. The waxed floor sba1l present a clean appearance free from scuff marks or dirt smears. Furniture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. 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, stearn cleaning or shampooing. 3. PAYMENTS TO CONTRACTOR A. COUNIY'S performance and obIigatioo to pay mder this agreement, is contingent upon amual "W'Uf"'illlion by the Board of County Commissioners. Agreement 3 February 2008 JANITORIAL SERVICES -ISLAMORAOA UBRARY 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 """"'mlirlg 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: Fhe Hundred Two and 00/100--- Dollars (S502.00) per month. 4. TERM OF AGREEMENT This Agreement shall (,vltUIt.,"Ge on ~ 1, 1008, and ends upon May 31, ZOO9, unless terminated earlier lIIIder paragraph 18 of this Agreemenl 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 (I) year. The Contract amomt 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 Stalistics and shall be based upon the CPI-U computation at December 31 of the previous year. 5. ACCEPTANCE QF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY 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 mmies 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, FS, nmning from the date the mmies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow lIIId permit reasonable access to, and inspection of, all docummts, papers, letters or other DlIIklrials in its possession or under Agreement 4 February 2008 JANITORIAL SERVICES -ISlAMORADA UBRARY MONROE COUNTY. FLORIDA its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNfY and CONTRACTOR in conjunction with this Agreement; and the COUNfY shall have the right to milateraIly cancel this Agreement upon violation of this provision by CONTRACTOR. 8. HOLD HARMl.K"'''' AND INSURANCE CONTRACTOR covenants and agrees to indemnilY and hold harmless Momoe County Board of Comty Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Momoe County) and any other losses, damages, and expenses (including attorney's fees) which arise out ot; 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 immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTlY INSURANCE. Where applicable, coverage to apply for all 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 $100.000.00 bodily injury by accident, $500.000.00 bodily injury by disease, and $100.000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEIflCLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100.000.00 per occum.oce., combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $50.000.00 per person, $100.000.00 per oc.currence, and $25.000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $300.000.00 per OCC\DTence combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100000.00 per person, $300.000.00 per occurrence, and $50.000.00 property damage. Agreement 5 February 2008 JANITORIAL SERVICES -ISlAMORAOA UBRARY MONROE COUNTY. flORIDA The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE DISHONESTY INSURANCE in the minimum amount ofS10. 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. MONROE COUNTY SHALL BE NAMED AS AN ADDIDONAL INSURED ON THE GENERAL LlABIUTY AND VEmCLE UABlliTY POUClES. CERTIFICATES OF INSURANCE. Original Certi:tic:ates oflmurance shall be provided to the COUNIY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to 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 COUNIY, its officials, employees, agents and volunteers. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNIY and CONTRACTOR in this Agreement and the acquisitioo of any conunercial liability insurance coverage, self-insurance coverage, or loc:al goVerDllHllt liability insurance pool coverage shall not be deemed a waiver of inmnmity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provisioo for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreemeiIt 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 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 court of competent jurisdiction that discrimination has occurred, this Agnlenlent 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 loc:al ordinances, as applicable, relating to nondiscriminatiOll. These include but lII1l not limited to: 1) Tide VII of the Civil Rights Act of 1964 (PL 88-332), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Tide IX of the Education Amendment of 1972, 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 1973, as amended (20 USC ~ 794), which prohibits discrimination on the basis of Agreement 6 February 2008 JANITORIAL SERVICES -ISlAMORADA LIBRARY MONROE COUNTY, flORIDA 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 amended. !dating 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 alcobolism; 7) The Public Health Service Act of 1912, H 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 H 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 U 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe COWlty 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 11) any olher nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the sul!iect matter of, this Agreement. 12, ASSIGNMENTISUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations wder this agreement to others, except in writing and with the prior written approval of the Board of COWlty Commissioners of Monroe COIBlty, which approval shall be sul!iect to such conditions and provisions as the Board may deem necesswy. 'Ibis 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. 13. COMPUANCE WITH LAW AND LICENSE REOIllREMMENTS In providing all services/goods pursuant to this agreement. CONTRACTOR shall abide by all laws of the Federal and State government, ordi........es, rules and regulations pertaining 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 acconIance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEJlIi'ST 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 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 Agreement 7 Februmy 2008 JANITORIAL SERVICES -ISLAMORADA LIBRARY 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; mauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contIact, and thereafter as changes may require, the CONTRACTOR shall notify the COUNlY of any fmancial 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 vollDltary basis. COUN1Y 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 tide 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 COUNlY 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 C.REDIT CONTRACTOR shall not pledge the COUNlY'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 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 COUN1Y: Monroe Comty 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 & Maintenance Post Office Box 2546 Key Largo, FL 33037 Agreement 8 February 2008 JANITORIAL SERVICES -ISLAMORAOJ\ UBRARY 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 WIder 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 WIder this agreement. 18. TERMINA nON a. The COUNTY may tenninate this Agreement with or without cause prior to the commencement of wOlk b. The COUNTY or CONTRACTOR may tenninate this Agreement for cause with seven (7) days notice to CONTRACTOR Cause shall constiMe a breach of the obligations of either party to perform the obligations enumerated WIder this Agreement. c. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under- the term s of the conttact upon termination. 19. GOVERNING LAW. VENUE.INTERPRETA nON. 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 ClUle of action or administrative proceeding is instiMed 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 20. MEDIA nON 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 shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERARII.ITV If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or uneoforceable to any extent by a court of competent jurisdiction, the remaining tenns, 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 eoforcement of the remaining Agreement 9 February 2008 JANITORIAL SERVICES -ISLAMORADA UBRARY MONROE COUNTY, FLORIDA terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNlY and 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. A 'ITORNErS FT.1i'_~ AND COSTS 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 interpretation of this Agreement, 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. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNlY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNlY 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 ofCOUNlY 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, COUNlY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNlY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUmORlTY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNlY and corporate action, as required by law. Agreement 10 February 2008 JANITORIAL SERVICES -ISLAMORADA UBRARY MONROE COUNTY, FLORIDA 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNtY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and stale fimds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and fimding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES 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 fimctions under this Agreement within the territorial limits of the COUNtY shall apply to the same degree and extent to the performance of such fimctions and duties of such officers, agents, volunteers, 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 lL'l, 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 performance 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. 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, co\lllsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits \lllder this Agreement separate and apart, inferior to, or superior to the community in general or for the pllfJlOSe5 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. Agreement 11 February 2008 JANITORIAL SERVICES -ISLAMORADA LIBRARY MONROE COUNTY, FLORIDA 32. NO PERSONAL LIABIUTY No covenant or agreement contained herein shall he deemed to he a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be sul!iect to any personal liability or accountability by reason of the executioo 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. 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 sectioo headings are not a part of this Agreement and will not be used in the interpretatioo 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 011 a contract to provide any goods or services to a public entity, may not submit a bid 011 a contract with a public entity for the constructioo or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcootractor, or consultant wder a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 281.017, for CATEGORY TWO for a period of 36 months from the date of being placed 011 the convicted vendor list.. 36. MUTUAL REVIEW This agreement has been carefully reviewed by Cootractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. 31. 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 obligatioo to pay under this agreement is contingent upon an annual appropriatioo by the Board of County Commissiooer8. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Comty has no further obligation wder the tenns of this Agreement to the Contractor beyond that already incurred by the termination date. Agreement 12 February 2008 JANITORIAL SERVICES -ISLAMORADA LIBRARY MONROE COUNTY, FLORIDA IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY~: , BOARD OF COUNTY COMMISSIONERS OF MONRO UNTY, FLOIDA By. De(tuty lerk MAY 2 1 2008 By: Mayor Charles' nny" McCoy Date: MAY 2 1 2008 Date: Witnesses for CONTRACTOR: ~~~d Signature t(h~ V- ~ $gn ture ~~ L/ bJ-'/tJ P' / / . Sign e of person authorized to legally bind C~ratj~ ".-- Date: '-I':?~ (? tr ;/oL!I / a/f.J') Print Nam '" o one Number .:5 tAS- ~IJ' -ok;J fI> Date 'tJ , j"q ---~ C'; I :'} :-';"1 :'<:-..;, -0 :E: ~ .;:- w ..." r- :> Agreement 13 Februmy 2008