12/09/1998
AGREEMENT
THIS AGREEMENT, made and entered into this 9fJ day of j;;f_C €f1 i5 c&J? ,1998,
A.D., by and between the MONROE COUNTY BOARD OF CO TY COMMISSIONERS;- party of
the first part (hereinafter sometimes called the "Owner"), and OVERSEAS JANITORIAL
SERVICES, party of the second part (hereinafter sometimes called the "Contractor").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, ~tue!ly ~ee.."
as follows: :J.: !:. :r:: r=
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1 SCOPE OF THE WORK rrJ;A-'
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The Contractor shall provide janitorial services at the Key West International Airpo~~di~all ~
necessary supplies and equipment required in the performance of same, and perfo~of ~ ,."
work described in the Specifications (Exhibit A), and his Bid (Exhibit A - 1) each atf,aCh~ h~to g
and incorporated as part of this document. The Contractor shall insure all exterior !%k>ol61arC ~
locked upon their departure after business hours.
2 THE AGREEMENT SUM
The County shall pay to the Contractor for the faithful performance of said service on a per month
in arrears basis in each of twelve (12) months. The Contractor shall invoice Key West International
Airport monthly for janitorial services performed under the Specifications contained herein. The
Agreement amount shall be as stated by the Contractor's proposal as follows:
Thirty Five Thousand, Four Hundred Ninety Six Dollars and no Cents ($35,496.00)
per year.
3 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites and has made
investigations to fully satisfy himself that such sites are correct and suitable ones for this work and
he assumes full responsibility therefore. The provisions of the Agreement shall control any
inconsistent provisions contained in the specifications. All Specifications have been read and
carefully considered by the Contractor, who understands the same and agrees to their sufficiency
for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be
more strongly construed against the Owner than against the Contractor (and his Surety, if
applicable ).
B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the
Airport Director, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance of any part of the work or material by the Owner
shall not operate as a waiver by the Owner of strict compliance with the terms of this Agreement,
and Specifications covering said work. Failure on the part of the Contractor, immediately after
Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover
the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event
be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner
by reason of the Contractor's breach of this Agreement and/or his failure to comply strictly and in
all things with this Agreement and with the Specifications.
4 TERM OF AGREEMENT/RENEWAL
A. This Agreement shall be for a period of (1) one year commencing on the date first above
written. The Agreement is renewable in accordance with Article 4 B.
B The Owner shall have the option to renew this agreement after the first year, for two
additional one-year periods. The Agreement amount agreed to herein may be adjusted annually
in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners
and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual
average CPI computation from January 1 through December 31 of the previous year. Increases in
the Agreement amount during each option year period shall be extended into the succeeding
years.
C. Should additional services be required by the Key West International Airport on a
permanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed
upon in writing, and approved by the Airport Director and by the Contractor.
5 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent Contractor
and not an employee of the Board of County Commissioners for Monroe County. No statement
contained in this agreement shall be construed so as to find the Contractor or any of his/her
employees, Contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
6 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
7 ASSIGNMENT
The Contractor shall not assign or subcontract any of its responsibilities under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Contractor, which approval shall be subject to such conditions and provisions
as the Board and Contractor may deem necessary. This agreement shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor 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 obligation upon the Board in addition to the total
agreed-upon price of the services/goods of the Contractor.
8 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. 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 immediately upon delivery of written notice of
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this Agreement.
9 INSURANCE
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by Exhibit B, Insurance
Requirements, which are attached and incorporated as part of this Agreement.
10 FUNDING AVAilABILITY
Notwithstanding anything contained elsewhere in this Agreement, if funds for the Key West
International Airport Contractual Services are partially reduced or cannot be obtained or cannot be
continued at level sufficient to allow for the purchase of the services/goods specified herein, this
agreement may then be terminated immediately at the option of the Board by written notice of
termination delivered in person or by mail to the Contractor. The Board shall not be obligated to
pay for any services provided by the Contractor after the Contractor has received written notice of
termination.
11 PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed by the project herein described, subject to the terms and conditions set forth in this
agreement. The Contractor shall at all times exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided. Continued funding by the
Board is contingent upon retention of appropriate local, state, and/or federal certification and/or
licensure of Contractor.
12 NOTICE REQUIREMENT
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, return receipt requested, to the
following:
FOR THE COUNTY
Airport Director
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, Fl 33040
13 CANCELLATION
FOR THE CONTRACTOR
Overseas Janitorial Services
P.O. Box 5190
Key West, Florida 33045
A) The County may cancel this Agreement for cause with seven (7) days notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the
services enumerated as the Contractor's obligations under this Agreement.
B) Except for the County's termination because of non-appropriation in 13 A, either of the
parties hereto may cancel this agreement without cause by giving the other party thirty (30) days
written notice of its intention to do so.
14 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising
under this Agreement must be in Monroe County, Florida.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first above written.
COUNTY OF MONROE, STATE OF
FLORIDA
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Attest: DANNY L. KOLHAGE, cr'~l;!~\~/ ;,'1
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OVERSEAS JANITORIAL SERVICES
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SPECIFICATIONS
EXHIBIT lA'
JANITOR SERVICES SPECIFICATIONS
To provide janitorial services at Key West Internationai Airport terminal,
3491 So. Roosevelt Blvd., Key West, Fla. 33040, for all public areas of the terminal
building, except airline and rental car counters and office space, U.S. Customs area
and the Conch Flyer restaurant 'Lounge. Services to be provided on Saturday's,
Sunday's and all county observed holidays, approximately 116 days per year as
follows:
....', ..
DAILY INSIDE
Check 1st floor bathrooms at least every 30 minutes between 5:00 a.m. and
10:00 p.m. Clean toilets, urinals, sinks, floors as necessary. Pick up trash and
othe'.. deposits.
Empty and clean, as necessary, all trash cans (1st floor). Take all trash to
dumpster.
Sweep and mop the entire 1st floor twice daily.
Mop floors as needed for spot clean-up.
\Vipe off and clean departure lounge furniture as needed, but at least every
two hours.
\Vipe and clean walls, doors and glass as needed.
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DAILY OUTSIDE
Empty and clean all trash cans on sidewalk and parking lot. Take all trash to
dumpster.
Empty ash stands.
Pick-up litter as necessary.
Sweep and clean up walkways and curbs as needed.
\Vipe off benches, mailboxes, etc. as needed.
SUPPLIES
Contractor to provide own supplies and equipment
INSURANCE REQUIREMENTS
\Vorkman's compensation
$300.000 Gcner-al Liability
$10,000 Employee Honesty Bond
FOR MORE DETAILS CONTACT: ART SKELLY - 2%-7223
OVERSEAS JANITORIAL SERVICES BID
EXHIBIT A - 1
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INSURANCE REQUIREMENTS
EXHIBIT B
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1996 Edition
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
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Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified
in the attached schedules, which are made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors
until the required insurance has been reinstated or replaced.
The Vehd.or shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract,or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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MOt\ROE COUNTYMOt\ROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA TIO~
MANUAL,
. '. ~ .
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Indemnification and Hold Harmless,
:: fo'[- AirPortlAi~~r,aft'Activities,:'..<r:
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The Vendor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property ov.'I1ed by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason' of serVices provided by the Vendor or any of its Contractors, occasioned by the '
negligence, errors'; or other wrongful act or omission of the Vendor or its Contractor(s), their
employees, or agents.
The e:Ktent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
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. BEDVEEN
MONROE COUNtY~FLORIDA
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The Contractor shall purchase and maintain, throughout the tenn of the contract, Employee
Dishonesty Insurance 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.
The minimum limits shall be:
$10,000 per Occurrence '
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
" '
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
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If split limlts are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If co\'erage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date ofthis contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIREM:ENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
" '
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Ov.rned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ SO,OOO per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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\\'ORKERS' CO!\1PENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Flo'rida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Lener of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
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