05/18/2011 AgreementDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 31, 2011
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto, Assistant Director
Public Works Division
FROM: Isabel C. DeSantis, D.C.
At the May 18, 2011, Board of County Commissioner's meeting, the Board approved the
following:
Item C14 Award of Bid and authorized execution of a contract with Best Janitorial &
Supplies, Inc. for janitorial services at the Big Pine Key Library.
Item C15 Award of Bid and authorized execution of a contract with Best Janitorial &
Supplies, Inc. for janitorial services at the George Dolezal Library in Marathon.
Item C16 Award of Bid and authorized execution of a contract with Best Janitorial &
Supplies, Inc. for janitorial services at the Islamorada Library.
Item C 17 Award of Bid and authorized execution of a contract with Best Janitorial &
Supplies, Inc. for janitorial services at the Key Largo Library.
Enclosed are a duplicate originals of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
N -n
AGREEMENT FOR - Ea
JANITORIAL SERVICES - ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA _ -c
C.J J
This Agreement is made and entered into this day of , 2011 v rn
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivisi of the State ofN Q
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and `]§-EST-
JANITORIAL & SUPPLIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is--i
6900 NW 371" Avenue, Miami, FL 33147.
WHEREAS, COUNTY desires to provide janitorial services for ISLAMORADA
LIBRAR`t', Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
ISLAMORADA LIBRARY, Monroe County, Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to ISLAMORADA LIBRARY, Monroe County, 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, the bid documents, exhibits, and any addenda
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 sf.
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.
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.
vii. All supplies shall be replaced (paper goods, soap, etc.).
viii. All other work necessary to maintain a clean and sanitary condition in these
restrooms shall be accomplished, whether it is specifically noted in these specifications or not.
NOTE: ISLAMORADA LIBRARY has 1 male public restroom with 1 toilet and 1 urinal,
nd 1 female public restroom with 3 toilets.
Agreement ' 1 January 2011
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:
i. All tile floors are to be dusted and mopped.
ii. All furniture and furnishings to be dusted and spot cleaned.
iii. 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 vacuumed with a powerful HEPA vacuum, such as
the Oreck.
D. Weekly janitorial services to include:
i. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or
polished.
ii. Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents cleaned.
E. Monthly janitorial services to include:
i. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.)
ii. All walls dusted monthly
iii. All air conditioning vents, supply and return air grilles cleaned.
F. The Contractor shall insure all exterior doors are locked while they are servicing
the building and upon their departure.
G. Janitorial services will be 4 days a week, Tuesday thru Friday (excluding
holidays), anytime between the hours of 8:00 pm on Tuesday, and 6:00 p.m. Wednesday,
Thursday and Friday, with completion before 9:30 a.m.
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 confirmation of receipt of keys shall be signed by the Contractor. The
Contractor shall return all keys as issued upon expiration of the contract or termination.
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 report any problems regarding open doors and/or vandalism
to the Facilities Maintenance Department.
L. The Contractor shall provide all supplies necessary 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 Contractor.
M. Additional Services: (Shall be performed once in every three month period, and
shall be included in the bidding price.)
Agreement 2 January 2011
i. Resilient Flooring shall be swept/dust mopped and stripped. After
application of Lhree coats of wax, areas shall be buffed sufficiently for maximum gloss and
uniform sheen from wall to wall, including corners. 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 waxing shall be returned to their original positions.
ii. 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. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall
pay in accordance with the Florida Local Government Prompt Payment Act; payment will be
made after delivery and inspection by COUNTY and upon submission of a proper invoice by
CONTRACTOR.
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 of funds. The Contract amount shall be as stated by the
CONTRACTOR's bid as follows: Nine Hundred Ninety -Five and no/10 Dollars ($995.00) per
month.
4. TERM OF AGREEMENT
This Agreement shall commence on June 1, 2011, and ends upon May 31, 2012, unless
terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) 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 Co�ttract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban
Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U
computation at December 31 of the previous year.
5. ACCEPTANCE OF 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
/0
Agreement 3 January 2011
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running 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 Agreement; and the COUNTY shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees
during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C)
CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms
of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts
in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees
(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any
earlier termination of this AGREEMENT.
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 LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law. hi 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 VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
Agreement 4 January 2011
$100,000.00 per occurrence, 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 occurrence, 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 occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. If single limits are provided, the minimum acceptable
limits are $100, 000.00 per person, $300, 000.00 per occurrence, and $50, 000.00 property
damage.
The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE
DISHONESTY INSURANCE in the minimum amount of$10,000.00 per Occurrence which will
pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractor's employees or its agents, whether acting alone or in collusion of others.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY 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 COUNTY, its officials, employees, agents and volunteers.
9. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
10. INDEPENDENT CONTRACTOR
At all tires and for all purposes under this agreement CONTRACTOR is an independent
contractor 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
CONTRACTOR agrees 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 Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
Agreement 5 January 2011
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL, 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL, 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject
matter of; this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by 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 additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, 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 accordance with
these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT 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 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 public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
Agreement 6 January 2011
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of 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 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, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
and
FOR CONTRACTOR:
Best Janitorial & Supplies, Inc.
ATTN: Pedro M. Diaz
6900 NW 37'h Avenue
Miami, FL 33147
Monroe County Attorney
PO. Box 1026
Key West., FL 33041-1026
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 under 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 under this agreement.
18. TERMINATION
A. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
k,
Agreement 7 January 2011
B. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of
either party to perform the obligations enumerated under this Agreement.
C. Either of the parties hereto may cancel this agreement without cause by giving the
other parity sixty (60) days written notice of its intention 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 action or administrative proceeding is instituted 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? TION
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. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY 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. ATTORNEY'S FEES 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
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
Agreement 8 January 2011
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 of COUNTY 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 ,ormation, execution, performance, or breach of this Agreement, COUNTY 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. COUNTY 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. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate actiop, as required by law.
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 state funds to further the purpose 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 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 functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the performance of
such functions and duties of such officers, agents, 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 as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent
of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement 9 January 2011
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, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
31. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be 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 subject to any personal liability or accountability by reason
of the execution of this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
35. PtJBLIC 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 Manager,
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
Agreement 10 January 2011
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County 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 under the terms of this Agreement to the Contractor beyond
that already incurred by the termination date.
WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
day and date first written above in four (4) counterparts, each of which shall,
%the
n Vccounting for the other counterparts, be deemed an original contract.
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