06/18/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 20, 2008
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hanco&
Deputy Clerk
At the June 18, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment (1st Amendment) to Agreement between Monroe County and Red Barn
Actors' Studio, Inc. covering the Red Barn TheatrelLive Theatre between October 2007 and
September 2008 to revise Exhibit A reflecting changes to schedule.
Amendment (1st Amendment) to Agreement between Monroe County and Lower Keys
Chamber of Commerce, Inc. to revise event name from "Big Pine Key Winterfest and Island Art
Fair" to "Big Pine and Lower Keys Island Art Festival".
..0\greement between Monroe County and Judy Bobick d/b/a Ace Building Maintenance,
to provide janitorial services for the TDC Administrative Office at 1201 White Street, Suite 102,
Key West. Please provide the Insurance to Risk Managementfor approval, as required under
Item 8, within five (5) working days of execution.
Agreement between Monroe County and Key West Council on the Arts to revise their
Schedule of Events "Exhibit A".
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please feel free to contact our office.
cc: County Attorney
Finance
File ./
AGREEMENT
THIS AGREEMENT is entered into this ~ay of It ~ ~ " 2008, by
and between the BOARD OF COUNTY COMMISSIONERS~unty, Florida,
hereinafter referred to as the County, and Judy Bobick d/b/a Ace Building Maintenance
hereinafter referred to as Contractor.
WITNESSETH
WHEREAS, the County wishes to enter into an agreement with Contractor to
provide janitorial services for the Monroe County Tourist Development Council
administrative facilities;
NOW and THEREFORE, the parties hereto, for the mutual promises and
consideration hereinafter set forth, agree as follows:
I. SCOPE OF WORK
The Contractor shall provide janitorial services at 1201 White Street,
Suite 102, Key West, FL as follows:
· Twice weekly maintenance of the administrative office after the
hours of 5:00 p.m. and before 8:00 a.m. Monday through Friday.
Saturday and Sunday at any time. One key will be provided and
should be returned to the Administrative office within five working
days of termination of Agreement.
· Twice weekly vacuuming of carpets, dusting, emptying all trash
containers to outside containers, cleaning of restrooms, vacuuming
and mopping of all hard floor areas.
· Weekly cleaning of kitchen floor, cleaning of interior door and
frames as well as glass on entrance door.
· Continuous supplies to include toilet tissue, paper hand towels,
and hand soap.
· Twice yearly carpet cleaning at no additional cost.
· Cleaning of all interior windows upon request by the Monroe
County Tourist Development Council Administrative Office for an
additional sum of money outlined in paragraph 3, Payment.
Contractor will provide all cleaning supplies and equipment necessary for the work
outlined in Scope of Services above.
2. TERM
The term of this agreement shall be for a period of three (3) years and ten
weeks to commence on July 22, 2008 and terminate on September 30,
2011. This agreement may be extended for an additional two (2) year
term thereafter at the option of County.
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3. PAYMENT
The County shall pay to the Contractor for the performance of said service
on or before the 15th day of the following month. The Contractor shall
invoice the County monthly for janitorial services performed under the
specifications contained herein. The contract amount shall be as stated
by the Contractor's proposal as follows: four thousand and eight hundred
dollars per year, to be paid in the sum of four hundred dollars ($400.00)
per month for the above mentioned scope of services. An additional
charge of one hundred and fifty dollars ($150.00) will apply for the
cleaning of all interior windows as and when required, as determined in
the sole opinion of the Tourist Development Council. An additional charge
of two hundred and fifty dollars ($250.00) will apply for the cleaning of the
exterior windows on an as-needed basis, in the sole opinion of the Tourist
Development Council. Monroe County's performance and obligation to
pay under this agreement is contingent upon an annual appropriation by
the BaCC. Payment will be made in accordance with the Florida Local
Government Prompt Payment Act, after presentation of a proper invoice.
4. Termination: The contract can be terminated by either party without cause
with 30 days notice. BaCC may terminate immediately for cause with
seven (7) days' notice in writing to Contractor. Cause shall be defined as
a breach of the obligations of the Contractor to perform the services
enumerated as Contractor's obligations under this Agreement. If not
otherwise terminated, the contract shall end on September 30. 2011.
5. Accountinq: Records of Contractor pertaining to this project shall be kept
on generally recognized accounting principals, acceptable to Monroe
County, and shall be available to the BaCC or to an authorized
representative for audit. Contractor shall retain all related records for a
period of four (4) years after termination of this agreement. Each party to
this Agreement or its authorized representative shall have reasonable and
timely access to such records of the other party in order to comply with
the Public Records Act (chapter 119) during the term of the Agreement
and for a period of four (4) years after termination of the Agreement. If an
auditor employed by the County or Clerk determines that the monies paid
to Contractor under this Agreement were spent for purposes not
authorized by this Agreement, the Contractor shall repay all monies
together with interest thereon calculated pursuant to Section 55.03, F.S.
running from the date on which the monies were paid to Contractor.
6. Breach of Services: The parties agree to full performance of the
covenants contained in this contract, and the BaCC reserves the right at
its discretion, provided such breach is material, to terminate the services
provided in this contract for any misfeasance, malfeasance, or
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nonperformance of the contract terms or negligent performance of the
contract terms by Contractor.
7. Indemnification and Hold Harmless: Contractor agrees to indemnify
and hold Monroe County and the Monroe County Tourist Development
Council harmless for any and all claims, liability, losses and causes of
action which may arise out of its fulfillment of the agreement. Contractor
agrees to pay all claims and losses, including related court costs, and
shall defend all suits filed due to the negligent acts, errors or omissions of
Contractor, its employees and/or agents.
8. Insurance: Within five (5) working days after execution of this
agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the following minimum coverage limitations:
a. Comprehensive General Liability insurance with minimum limits of
$300,000.00 per occurrence.
b. Automobile Liability covering all vehicles to be used in the
fulfillment of the obligations of the Contractor, with limits of $50,000
per persons, $100,000 per accident for bodily injury, $25,000 for property
damage, and $5,000 medical payments.
c. Worker's Compensation as required by Chapter 440 F.S. and
Employer's Liability with a limit of no less than $100,000 per
accident.
d. Surety bond with minimum limits of $10,000.00 per occurrence.
Monroe County and Monroe County Tourist Development Council are to
be named additional insured on both the General Liability and Auto
Liability Policies. The minimum coverage limitations must be maintained
through the contract.
9. Taxes: The SOCC and TDC are exempt from Federal Excise and
State Florida Sales Tax.
10. Finance Charaes: The SOCC and TDC will not be responsible for any
finance charges.
11. Relation of SOCC/TDC: It is the intent of the parties hereto that
Contractor shall be legally considered as an independent Contractor and
that neither it nor its employees or agents shall, under any circumstance,
be considered servants or agents of the SOCC and TDC shall at no time
be legally responsible for any negligence on the part of said successful
proposer, its employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
12. Assianment: Contractor shall not assign, transfer, convey, sublet or
otherwise dispose of this contract, or of any or all of its right, title or
interest therein, to any person, company or corporation without prior
written consent of the SOCC and TDC.
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13. Compliance with Laws - Nondiscrimination: Contractor shall comply
with all federal, state, and local laws and ordinances applicable to the
work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, age or national origin in the
performance of work under this Agreement. This Agreement shall be
subject to all federal, state, and local laws and ordinances.
14. Force Maieure: Contractor shall not be liable for delay in performance
or failure to perform, in whole or in part, the services due to the
occurrence of any contingency beyond its control or the control of any of
its subcontractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war whether an actual declaration thereof if made
or not insurrection, sabotage, riot or civil commotion, act of public enemy,
epidemic, quarantine restriction, accident, fire, explosion, storm, flood,
drought or other act of God, act of any governmental authority,
jurisdictional action, or insufficient supply of fuel, electricity, or materials or
supplies, or technical failure where Contractor has exercised reasonable
care in the prevention thereof, and any such delay or failure shall not
constitute a breach of this Agreement.
15. Governinq LawlVenue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitutes the entire agreement between the SOCC and TDC and
Contractor Venue of any court action filed relative to this agreement shall
lie in Monroe County, Florida. This Agreement can never be amended,
except in a writing signed by both parties.
16. Anti-solicitation: Contractor warrants that no person has been employed
or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee
and that no member of the Monroe County government or the TDC has
any interest, financially or otherwise in Contractor or its subcontractors.
17 Disclosure: Contractor shall be required to list any or all potential
conflicts of interest, as defined by Florida Statute 112 and Monroe County
Ethics Ordinance. Contractor shall disclose all actual or proposed
conflicts of interest, financial or otherwise, direct or indirect, involving any
client's interest which may conflict with the interests of the SOCC and
TDC.
18. Severability: If any provision of the Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision other than those as to
which it is invalid or unenforceable, shall not be affected thereby; and
each provision of the Agreement shall be valid an enforceable to the
fullest extent permitted by law.
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19. Notice: Any notice required or permitted under this Agreement shall
be in writing and hand-delivered or mailed, postage prepaid by certified
mail, return receipt requested, to the other party as follows:
FOR COUNTY
Monroe County TDC
1201 White St., #102
Key West, Florida 33040
FOR CONTRACTOR
Ace Building Maintenance
3716 Pearlman Terrace
Key West, FL 33040
20. Ethics Clause: Contractor warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or
employee in violation of Section 2 or Ordinance No. 10-1990, or any
County officer or employee in violation of Section 3 of Ordinance No. 10-
1990. For breach or violation of the provision the County may, at its
discretion, terminate this contract without liability and may also, at its
discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present County officer or employee.
21. Public Entity Crime Statement: "A person or affiliate who has been placed
on the convicted vendor list following a conviction for 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 public entity, may not be awarded or
perform work as a Contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section
287.017, for Category two for a period of 36 months from the date of
being placed on the convicted vendor list".
22. 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, that the prevailing
party shall be entitled to reasonable attorney's fees, court costs, and out
of pocket expenses, as against the other party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be conducted in
accordance with the Florida Rules of Civil Procedure.
23. Attestations: Contractor agrees to execute any documents as the County
may reasonably require, including but not limited to Public Entity Crime
Statement, Ethics Statement and Drug-Free Workplace Statement, all of
which are attached hereto as Exhibit A and their terms referenced herein.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
G. ~1:jJ._.~
Depu y Clerk
~J(}~
Mayor/Chairman
(CORPORATE SEAL)
Attest
Judy Bobick d/b/a Ace Building Maintenance
By.
Secretary
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MONROE COUNTY ATTORNEY
, PROVEP AS FORM:
CYNTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date 5'-- I?'- d-..O Of(
Exhibit A
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
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warrants that helit has not employed, retained
or otherwise had act on hislits behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
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Date: S;Il-- tJ d
STATEOF J.4~
COUNTYOF ~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
--M:-. 6a-/~ who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this /.,,2. day of
~ay~ ,20t2L.
NOTARY PUBLIC
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DRUG-FREE WORKPLACE FORM
The undersig;k;dor i6~7zcl::olorida M ;c;;;;;;: that
(Name of Busmess)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the conunodities or contractual services that are under bid a copy of
the statement specified in subsection (1).
4. In the statement specified in subsection (l), notifies the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement and
will notify the: employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
STATE OF
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COUNTY OF ~l4t-C--
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Date
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, (name of individual signing) affixed
nature in the space provided above on this
/~ dayof ~ ,20oK'
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My comrrusslOn expIres:
Office Cleaning Contract
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
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 public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on_the convicted vendor list."
I have read the above and state that neither .:::Jj ~ ~ 61 ~ (Respondent's name)
nor any Affiliate has been placed on the convicted ven or list within the last 36 months.
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(Sig ure) r;0);
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STATE OF ~~a..
COUNTY OF: ~,~ L
Subscribed and sworn to (or affir~ed) before me on ~ /,5(, ,J;1t::7&:/..Y-
(date) by ~ ~ (name of affiant). He/She is personally known to
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me or has produced FL , ,~ (type of
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NOTARY PUBLIC
identification) as identification.
My Commission Expires:
Lynda M,. S~~
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