Item C20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date
Fe ruaD
10, 2016
Division:
P blic Works/Engineerhi
Bulk Item: Yes
X
No
Department:
Facilities Maintenance
Staff Contact Person/Phone #: Douiz Si3ositoX4416
AGENDA ITEM WORDING: Approval of Third Amendment to Agreement with Stockton
Maintenance Group, Inc., for janitorial services, to add day porter janitorial services at the Harvey
Government Center (excluding the Tax Collector's Office areas) and the Monroe County Social
Services Key West Nutrition Site.
ITEM BACKGROUND: Since 2014 Stockton Maintenance Group, Inc. (SMG) has been under
Agreement with the County to provide janitorial services at the May Hill Russell Library (Russell
library) and Department of Juvenile Justice Building — Second Floor (DJJ). This Third Amendment to
the Agreement adds daily day porter janitorial services at the Harvey Government Center (excluding
the Tax Collector's Office areas) and the Monroe County Social Services Key West Nutrition Site.
PREVIOUS RELEVANT BOCC ACTION: On October 15, 2014, the BOCC approved a bid award
and entered into a contract with SMG for janitorial services at the Russell library and DJJ. On January
21, 2015, the BOCC approved a First Amendment to the Agreement modifying the scope of services at
the DJJ. On October 21, 2015, the BOCC approved a First Renewal, Second Amendment to the
Agreement extending the Agreement to October 31, 2016.
CONTRACT/AGREEMENT CHANGES: Adds day porter janitorial services at the Harvey
Government Center (excluding the Tax Collector's Office areas) and the Monroe County Social
Services Key West Nutrition Site.
STAFF RECOMMENDATIONS: Approval of Third Amendment to Agreement.
TOTAL COST: $ 89,750.28/31 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes N X AMOUNT PER MONTH Year
APPROVED BY: County AttOMB/Purchasing jot Risk Management
DOCUMENTATION: l , r X Not. Required
_ 1
DISPOSITION:
Revised 7/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Stockton Maint. Group Contract #
(SMG) Effective Date: March 1, 2016
Expiration Date: October 31, 2016
Contract Purpose/Description:
Third Amendment to Agreement with SMG that adds day porter janitorial services at the
-
Harvey Government Center (excludin the Tax Collector's Office areas) and the Monroe County
Social Services Key West Nutrition Site.
Contract Manager: Alice Steryou 305 292-4549 PW Facilities Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on February 10, 2016 Agenda Deadline: January 26, 2016
I Total Dollar Value of Contract
Budgeted? Yes® No ❑
Grant: $ N/A
County Match: $ N/A
Estimated Ongoing Costs: N/A
(Not included in dollar value above)
CONTRACT COSTS
$89,750.28/yr Current Year Portion: $52,354.33
$7,479.19/mo.
Account Codes: 001-20501-530340
ADDITIONAL COSTS
For:
CONTRACT REVIEW
utilities, janitorial, salaries, etc.)
Changes
Date Out
Date In
Needed Reviewer
Division Director
Yes[:] No[:] °
b m 2 FEB 2016
Disk Matlagenient N4
Yes❑ N.ff �......
�; .,
O.M.B./Pttrchasing
Yes No
County Attorney i + .;
Yes No[
I Comments:
OMB Form Revised 2/27/01 MCP #2
THIRD AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY AND
DEPARTMENT OF JUVENILE JUSTICE BUILDING -SECOND FLOOR
This Third Amendment to Agreement for Janitorial Services, May Hill Russell Library
and Department of Juvenile Justice Building- Second Floor ("Agreement") is made and entered
into this day of _ 2016, between MONROE COUNTY, FLORIDA
("COUNTY"), a political subdivision of the State of Florida, 1100 Simonton Street, Key West,
Florida 33040, and STOCKTON MAINTENANCE GROUP, INC. ("CONTRACTOR"), a
Florida Corporation, 1975 Sansbury's Way, Suite #116, West Palm Beach, Florida 33411.
WHEREAS, on October 15, 2014, the parties entered into the Agreement for the
CONTRACTOR to provide janitorial services at the May Hill Russell Library and the
Department of Juvenile Justice Building- Second Floor ("DJJ Building"); and
WHEREAS, on January 21, 2015, the parties agreed to a First Amendment to the
Agreement to change the CONTRACTOR's scope of work at the DJJ Building and incorporate
Addendum No. 3 of the bid documents into the Agreement; and
WHEREAS, on October 21, 2015, the parties entered into a First Renewal, Second
Amendment to the Agreement, to renew the original Agreement and adjust the terms in
accordance with the CPI-U; and
WHEREAS, the parties have found the Agreement, Amendments and Renewal
Agreement to be mutually beneficial; and;
WHEREAS, CONTRACTOR desires and is able to provide day porter janitorial services
for the COUNTY at additional locations in Key West, specifically at the Harvey Government
Center (excluding the Tax Collector Office areas) and the Monroe County Social Services Key
West Nutrition Site; and
WHEREAS, this Third Amendment serves to amend the Agreement to incorporate and
include the CONTRACTOR's scope of services to be provided at the Harvey Government
Center (excluding the Tax Collector Office areas) and the Monroe County Social Services Key
West Nutrition Site;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree to amend the Agreement as follows:
1. SCOPE OF THE WORD shall be amended to incorporate and include -the following
additional COUNTY facilities and CONTRAC 0111s services:
HAR'V`EY GOVERNMENT CENTER (excluding the Tax Collector Offs a aEtafj AND
MONROE COUNTY SOCIAL, SERVICES KEY WEST NUTRITION SITE
The CONTRACTOR shall furnish day porter janitorial service with one daytime building
attendant on site. Janitorial services shall be provided 5 days a week, Monday through Friday
l
Janitorial Services - Facilities -- Key West, Monroe County, Florida
(excluding holidays), continuously from 8:00 a.m. to 4:00 p.m., with six (6) hours of service
provided at the Harvey Government Center and two (2) hours of service provided at the Monroe
County Social Services Key West Nutrition Site per day. These person(s) will perform scheduled
and assigned janitorial tasks as well as respond to calls for service, to include but not limited to,
such things as spills and weather related incidents. The CONTRACTOR shall furnish all
necessary labor, supplies, equipment, training and safety devices required in the performance of
this scope of services at these locations:
Harvey Government Center (excluding the Tax Collector Office areas), 1200
Truman Avenue, consisting of approximately 12,000 sf.
NOTE: Harvey Government Center (excluding the Tax Collector Office areas) has one (1) male
public restroom with two (2) toilets, three (3) sinks and two (2) urinals, one (1) female public
restroom, one with three (3) toilets and three (3) sinks and two (2) breakrooms with one (1) sink
each.
Monroe County Social Services Key West Nutrition Site, 1200 Truman Avenue,
consisting of approximately 4,620 sf.
NOTE: Monroe County Social Services Key West Nutrition Site has one (1) male public
restroom with one (1) toilet, two (2) sinks and one (1) urinal, one (1) female public restroom, one
with two (2) toilets and two (2) sinks and one (1) employee restroom with one (1) toilet and one
(1) sink.
A. Restroom Sanitation shall include the following on a daily basis: (Monroe County
Social Services Key West Nutrition Site restrooms shall be cleaned two (2) times
daily, once in the morning and again in the afternoon)
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. Mirrors shall be cleaned and polished.
viii. All supplies shall be replenished (paper goods, soap, etc.).
ix 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.
B. General Office Cleaning shall include the following on a daily basis:
i. Tile floors — dust mopped and/or damp mopped.
ii. Furniture and Furnishings - Dusted and spot cleaned.
Janitorial Services Facilities - Key West, Monroe County, Florida
iii. Low ledges, sills, rails and baseboards dusted and spot cleaned.
iv. Trash and recycle containers emptied and liners changed.
v. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as
the Oreck. Carpeting shall be spot cleaned.
C. General Cleaning of Public Areas, Hallways, Break Rooms and Kitchens shall be
completed daily, and include the following:
i. All tile floors are to be dust mopped and spot cleaned.
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 upholstered furniture to be vacuumed.
vi. All carpeting and entry mats shall be vacuumed with a powerful HEPA
vacuum, such as the Oreck.
vii. All sinks and water fountains outside the restroom areas are to be cleaned
daily. Water fountains are to be polished periodically.
viii. Exterior of refrigerators, stoves, microwaves, cabinets and counter tops are
to be cleaned.
ix. Harvey Government Center Meeting Room shall be cleaned on a daily
basis including the dais and adjacent podium, desks and tables.
D. Daily Elevator Maintenance: (Harvey Government Center)
i. Clean and disinfect interior car walls, holding bars and push buttons.
ii. Vacuum and damp mop floor.
iii. Vacuum door track.
iv. Clean and polish interior and exterior of elevator doors.
E. Weekly janitorial services shall include:
i. All glass partitions, doors, minors, windows, etc. to be cleaned and/or polished.
ii. Obvious scuffmarks shall be removed from resilient flooring.
iii. All door vents cleaned.
iv. All door handles, exit devises, push plates and pull plates shall be cleaned
with a disinfectant wipe.
V. Water fountains are to be polished.
vi. Tile floors are to be damp or steam mopped.
vii. Sweep out and dust Stairwells.
F. Monthly janitorial services shall include:
i. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves,
window blinds, etc.)
3
Janitorial Services - Facilities - Key West, Monroe County, Florida
ii. All walls dusted monthly
iii. All air conditioning vents, supply and return air grilles cleaned.
G. Additional Services: Shall be performed once every three-month period. It is
preferred that the CONTRACTOR have evening/weekend access to the facilities
in order to perform the following additional services.
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 uniform sheen from wall to wall, including corners.
The waxed floor shall present a clean appearance free from scuffinarks 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. Carpet cleaning
methods and products are to be coordinated with the County's
Representative.
H. Contractor agrees to use and provide documentation for whole -building cleaning
and maintenance practices, using:
i. Sustainable cleaning chemicals (non -disinfecting) that meet the
requirements of Green Seal's GS-37 and/or EPA's Design for Environment
program.
ii. Use of micro -fiber wipes, dust cloths and dust mops in place of paper wipes
and where paper products are used, including hand towels, use of products
that contain at least 30% recycled content and which are recyclable.
iii. Floor care products (finishers and sealers) shall be durable and slip resistant
and the finish shall be free of zinc (metal -free) or shall meet the
requirements of Green Seal's GS-40 and/or Environmental Choices CCD-47
and/or EPA's Design for the environment program.
iv. Carpet care products shall meet the requirements of GS-37 and/or CCD-148
V. Proper training of Contractor's personnel in the hazards, use, maintenance
and disposal of cleaning chemicals, dispensing equipment and packaging.
A. Use of hand soaps that do not contain antimicrobial agents, except where
required by health codes and that meet Green Seal GS-41 A standard
vii. Use of cleaning equipment that reduces impacts on the Indoor Air Quality.
I. Supervision and Inspection of Work:
i. Sufficient supervisory personnel shall be provided and systematic inspection
will be conducted by the Contractor to ensure that all services are properly
performed, as specified. To ensure that any problems that may arise will be
taken care of promptly, the Contractor will maintain a twenty-four hour
Janitorial Services Facilities Key West, Monroe County, Florida
telephone contact seven days per week for the receipt of any complaints
and/or addressing any issues.
ii. Random inspections shall be performed by County Representatives from the
Public Works/Engineering Division administering the contracts.
Deficiencies shall be corrected within a twenty-four (24) hour period of
notification to the contractor. Failure of the contractor to correct such
deficiencies shall result in prorated deduction from the monthly invoice.
Personnel
Contractor employees must consent to background checks. The County
reserves the right to refuse personnel based on results of the background
check. The County reserves the right to demand of the Contractor
replacement of an employee for the Contractor if a conflict or problem with
that employee should arise. The Contractor will be responsible for the
supervision, hiring and firing of their own employees and shall be solely
responsible for the pay, worker's compensation insurance and benefits.
ii. Communication between the County Representative and the cleaning
personnel is very important. Therefore, the Contractor must assure that at
least one cleaning personnel per building can communicate well with the
County Representative. Any employee hired by the Contractor will be the
Contractor's employee and in no way has any association with the County.
The Contractor shall insure that its employees are trained in all appropriate
safety regulations including but not limited to, OSHA regulations and all
other local, State and Federal regulations.
iii. Uniforms are preferred for custodial personnel however; photo identification
cards are required, which shall clearly identify personnel as employees of the
contractor. This requirement shall apply upon entering County property and
at all time while on duty.
K. County personnel are on -site at these locations prior to and after the
CONTRACTOR's service hours.
L. 8 hours of janitorial services shall be provided 5 days a week, Monday through
Friday (excluding holidays), continuously from 8:00 a.m. to 4:00 p.m., with six
(6) hours of service provided at the Harvey Government Center and two (2) hours
of service provided at the Nutrition Site per day.
M. Facility Security
Arrangements for access to the facilities will be coordinated through the
County's Representative. Issuance of keys and other procedures will be
arranged through the County's Representative. Written confirmation of
receipt of keys shall be signed by the Contractor. The Contractor shall be
Janitorial Services - Facilities - Key West, Monroe County, Florida
responsible for determining which employees shall be assigned keys and
return all keys to the County immediately upon termination of contract.
Contractor shall report immediately any loss or misuse of keys. In the event
keys are not returned and/or duplication of keys, rekeying of locks or lock
replacement is required because of Contractor's loss or misuse, Contractor
shall promptly reimburse the County for any incurred cost. Contractor will
not be allowed to duplicate keys.
ii. All doors found locked should be left locked. Security of the building shall
be the responsibility of the Contractor during the designated cleaning service.
Absolutely no one other than authorized personnel can be in the facility after
regular business hours. This includes relatives, friends, etc. Contractor is to
lock all doors as directed and turn off lights except those designated by the
County's Representative to be left on.
iii. The Contractor shall report any problems regarding open doors and/or
vandalism to the County Facilities Maintenance Department.
N. Contractor shall provide all labor, supplies, tools and equipment 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. Restrooms are equipped with the Bay West toilet paper dispensers. Soap
and paper towel dispensers are Renown. The County can supply additional dispensers of
like kind as needed. The Contractor shall maintain stock in each facility in an amount
sufficient to last through the next cleaning day.
2. PAYMENTS TO CONTRACTOR, shall be amended as follows:
a. MONTHLY FEE FOR JANITORIAL SERVICES FOR MAY HILL RUSSELL
LIBRARY:
One Thousand Four Hundred Ninety Dollars and Forty Three Cents $1,502.36
AMOUNT WRITTEN OUT
b. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT OF
JUVENILE JUSTICE BUILDING - SECOND FLOOR
1`wu Thousand Four 1-Iundr d Thirty One .dollars and Seventv Cents $2,451.16
AMOUNT WRITTEN OUT
c. MONTHLY FEE FOR DAY PORTER JANITORIAL SERVICES FOR
HARVEY GOVERNMENT CENTER (excluding the Tax Collector Office areas)
Two Thousand, Six Hundred Forty Four Dollars and T enty. 'i e dents $2,644.25
AMOUNT WRITTEN OUT
d. MONTHLY FEE FOR DAY PORTER JANITORIAL SERVICES FOR
MONROE COUNTY SOCIAL SERVICES KEY WEST NUTRITION SITE
Eiglit Hundred Ei , tt One Dollars and Fort Two Cents $881.42
lanitorial Services - Facilities -- Key West, Monroe County, Florida
R,
Totaling: Seven Thousand Four Hundred Seventy-nine and 19/100 Dollars
($7,479.19) per month.
These terms of service shall commence on March 01, 2016 and terminate October 31, 2016.
3. Except as set forth above, in all other respects, the terms and conditions set forth in the
Original Agreement as Amended remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
Attest: AMY HEAVILIN, CLERK
By:
Deputy Clerk
Date:
STOCKTON MAINTENANCE GROUP, INC.
Wit esses for CO TRACTOR:
ibmature
Print Name Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Ln
Mayor
Date:
Sil natur person auth rued to
legally bind Corporation
Date:
Print Name and Title
Address:
Telephone Numbe c,, r 6 a q'-8 7 2- l /
MONROE COUNTY A ORNEY
A PROVED A ` O OR
CHRIS BROS10
ASS T/4NT ATTORNEY
ti
Date: —.d
Janitorial Services -- Facilities - Key West, Monroe County, Florida
C�
FIRST RENEWAL, SECOND AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
MAY HILL RUSSELL, LIBRARY AND
DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR
This First Renewal, Second Amendment Agreement is made and entered into this 2 ! S day of
Uc- ; 1 UA, _ 2015, between MONROE COUNTY, FLORIDA ("COUNTY"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
and Stockton Maintenance Group, Inc. (SMG) ("CONTRACTOR"), a Florida corporation, whose
address 1975 Sansbury Way, Suite 116, West Palm Beach, FL 33411.
WHEREAS, on October 15, 2014, the parties entered into an agreement to provide janitorial
services for the May Hill Russell Library and/or the Department of Juvenile Justice Building — Second
Floor, Monroe County (hereinafter "Original Agreement"); and
WHEREAS, on January 21, 2015 the parties amended the contract to add, modify, clarify,
supplement and incorporate Addendum No. 3 into the contract documents; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this First Renewal
agreement; now therefore
NOW, THEREFORE, NOW THEREFORE, IN CONSIDERATION of the mutual promises
and covenants set forth below, the parties agree as follows:
In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to
renew the Original Agreement for the first of the two (2) one-year terms. This term will commence
on November 1, 2015 and terminate October 31, 2016.The contract amount is adjusted .8% for
janitorial services at May Hill Russel Library from $1,490.43 per month to $1,502.36 per month
and for janitorial services at the Department of Juvenile Justice Building -Second Floor from
$2,431.70 per month to $2,451.16 per month 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.
Except as set forth above, in all other respects, the terms and conditions set forth in the Original
Agreement as Amended remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
Date: r — 1 � ' f ,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayo
Date: �DI2 �lS
]EY
First Renewal Second Amendment Agreement W "� i _ ._ P ,,"
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F",LS
_! V�r'i .
tober 212015
W�iitnes - for CD TOR:
Signature
0 0
Date
...........
Date
Sibroatu of person authorized to
legally bind Corporation
Print Name
TfLet S I
Print Title
Address:
Qlep4 a Number
. . ...........
First Renewal Second Amendment Agreement Od'Ober 212015
copv,
FIRST AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY AND
DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR
This First Amendment Agreement is made and entered into this al-4 day of , 2015,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and Stockton Maintenance
Group, Inc. (SMG) ("CONTRACTOR"), a Florida corporation, whose address 1975 Sansbury Way,
Suite 116, West Palm Beach, FL 33411.
WHEREAS, on October 15, 2014, the parties entered into an agreement to provide janitorial
services for the May Hill Russell Library and/or the Department of Juvenile Justice Building — Second
Floor, Monroe County (hereinafter "Original Agreement"); and
WHEREAS, the parties acknowledged receipt of Addendum No. 3 in the bid documents and bid
submission; and
WHEREAS, the parties hereto wish to amend the contract to add, modify, clarify, supplement
and incorporate Addendum No. 3 into the contract documents; and
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original contract dated October 15, 2014, as follows:
Item 2-Scone-of the Work DEPARTMENT OF JUVENILE JUSTICE BUILDING —
SECOND FLOOR. — APPROXIMATELY 20,000 SQUARE FEET shall read as follows:
The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and
safety devices required in the performance of same for the DEPARTMENT OF JUVENILE JUSTICE
BUILDING, SECOND FLOOR located at 5503 College Road, Key West, FL. Services listed below are
to be conducted only during the hours of 8:00 AM to 5:00 PM Monday through Friday. A mutually
agreed upon schedule will be developed with the minimum services to include, but not limited to, the
following:
A. GENERAL OFFICE CLEANING two nonconsecutive days per week.
Contractor will not have access to offices after business hours
i. Tile floors —{lust mopped and/or damp mopped
ii. Furniture and Furnishings -Dusted and spot cleaned
iii. Low ledges, sills, rails & baseboards dusted and spot cleaned
iv. Trash and recycle containers emptied and liners changed
V. Vacuum carpets
vi. Carpeting spot cleaned
B. RESTROOM SANITATION Non -business hours, Monday through Sunday, six
days per week. Non -business hour access to the facility will be provided via fingerprint
bio-reader
i. Floors swept and loose dirt removed
ii. Floor washed, disinfected and mopped
ill. Stall partitions damp cleaned
iv. Commodes, urinals, basins & vanities scoured and disinfected.
Bid Award Amendment Agreement January 21 2015
V. All supplies replaced with sufficient stock to last through the next cleaning day
(includes hand soap, paper towels & toilet paper)
vi. Trash receptacles emptied and liners replaced.
vii. Mirrors polished
C. PUBLIC AREAS/ HALLWAYBREAKROOM Non -business hours, Monday
through Sunday, six. days per week.
i. Low ledges, sills, rails and baseboards dusted and spot cleaned
ii. Drinking fountains cleaned and polished
iii. Trash and recycle receptacles emptied and liners replaced, recycled material shall
be transported to exterior recycling bin
iv. Furniture and furnishings dusted and spot cleaned
V. Upholstered furniture vacuumed
vi. Tile floors dust mopped and/or damp mopped
D. FITNESS ROOM MAINTENANCE Business and/or non -business hours,
Monday through Sunday, six days per week. The Fitness Room is closed for public use
on Sundays between the hours of 9 PM and 11 PM to provide Contractor free access for
the cleaning and disinfecting of all gym equipment.
i. Same as RESTROOM SANITATION as described above
ii. Vacuum and damp mop both tile and rubber matted flooring
iii. Clean mirrors
iv. Low ledges, sills, rails and baseboards dusted and spot cleaned.
V. Drinking fountain cleaned and polished.
vi. Trash receptacles emptied and lined
vii. Clean all gym equipment seats and handles with disinfectant
viii. Clean all gym equipment base/housing on a weekly basis
ix. Keep paper towel dispensers (2) well stocked
E. ELEVATOR MAINTENANCE (Monday through Saturday)
i. Clean and disinfect interior car walls, holding bars, and push buttons
ii. Vacuum and damp mop floor
iii. Vacuum door track
F. PERIODIC SERVICES
i.
Floors buffed once a month
ii.
Floors stripped and refinished once per year
iii.
All door vents cleaned weekly
iv.
All high dusting —monthly
V.
All interior windows washed every other week.
vi.
Clean/Shampoo all carpeted areas every six (6) months
vii.
Clean all A/C vents in all offices and hallways once per month
viii.
Sweep out, mop and dust STAIRWELLS once per month.
GENERAL SPECIFICATION (Both Facilities)
Bid Award Amendment Agreement January 212015
Contractor agrees to use and provide documentation for whole -building cleaning and
maintenance practices, using
A. Sustainable cleaning chemicals (non -disinfecting) that meet the requirements of Green
Seal's GS-37 and/or EPA's Design for the Environment program
- B. Use of micro -fiber wipes, dust cloths and dust mops in place of paper wipes and where
paper products are used, including hand towels, use of products that contain at least 30% recycled
content and which are recyclable
C. Floor care products (Finishers and Sealers) shall be durable and slip resistant and the
finish shall be free of zinc (metal -free) or shall meet the requirements of Green Seal's GS-40 and/or
Environmental Choice's CCD-47 and/or EPA's Design for the Environment program
D. Carpet care products shall meet the requirements of GS-37 and/or CCD-148
E. Proper training of Contractor's personnel in the hazards, use, maintenance and disposal of
cleaning chemicals, dispensing equipment and packaging
F. Use of hand soaps that do not contain antimicrobial agents, except where required by health
codes and that meet Green Seal GS-41A standard
G. Use of cleaning equipment that reduces impacts on Indoor Air Quality.
2. Except as set forth above, in all other respects, the terms and conditions set forth in the Original
Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
Witnesses for CONTRACTOR:
',—
----yam-------
Sign re
Date
r
Signature
Date
Bid Award Amendment Agreement
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
r
Date: _ 2it ��� ss, l
Signa ure of person authorized to
legally bind Corporation
Date:
Print Name
Address: 01 10 �r _ � ® /
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Telephone Number
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AGREEMENT FOR JANITORIAL SERVICES C(Dpr
MAY HILL RUSSELL LIBRARY AND
DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR
This Agreement is made and entered into this W� day of _ OG rDk2er , 2014, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, and Stockton Maintenance Group, Inc.
(SMG) ("CONTRACTOR"), a Florida corporation, whose address 1975 Sansbury Way, Suite 116,
West Palm Beach, FL 33411.
WHEREAS, COUNTY desires to provide janitorial services for the May Hill Russell Library
and/or the Department of Juvenile Justice Building — Second Floor: and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to the May Hill
Russell Library and/or the Department of Juvenile Justice Building — Second Floor; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial
services to the May Hill Russell Library and/or the Department of Juvenile Justice Building — Second
Floor, 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:
MAY HILL RUSSELL LIBRARY
The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and
safety devices required in the performance of same for the May Hill Russell Library, located at 700
Fleming Street in Key West, Florida, consisting of approximately 13,137 square feet (see attached
Exhibit "A") and serving an average of 900 people per day,. As per the 2012 — 2013 fiscal year statistics.
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.
Bid Award Agreement October 2014
NOTE: Key West Library has two (2) male public restrooms with one (1) toilet and one (1) urinal each,
two (2) female public restrooms, one with one (1) toilet (auditorium family restroom) and one with two
(2) toilets, and one (1) employee restroom with one (1) toilet.
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 with water and floor cleaners.
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 and recycle receptacles emptied, and trash can liners replaced.
V. All upholstered furniture to be vacuumed.
vi. All vinyl -covered furniture to be wiped.
vii. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the
Orek.
D. Weekly janitorial services to include:
i. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished,
both the inside and outside of the glass entryway doors.
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.
iv. All Venetian blinds on windows to be dusted.
F. The Contractor shall insure all exterior doors are locked while they are servicing the
building and upon their departure. The Contractor is not to let anyone in the building except janitorial
staff.
G. Janitorial services will be six (6) days a week, on the days the library is open (currently
Monday through Saturday, excluding holidays), beginning at 7:00 a.m., and finishing no later than the
Library opening time of 9:30 a.m. Should the Contractor need additional time to complete the scope of
work, a mutually agreed upon schedule between the Contractor and the Library allowing the Contractor
to start prior to 7:00 a.m. may be implemented.
H. The Contractor shall be responsible to coordinate the work with the County Lower Keys
Facilities Maintenance Office, contact phone (305) 292-4431 or (305) 292-4436, Monday through
Friday, 8:00 to 5:00 pm. 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.
Bid Award Agreement October 2014
K. The Contractor shall report any problems regarding open doors and/or vandalism to the
Facilities Maintenance Department, telephone (305) 292-4431 or (305) 292-4436.
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. The Contractor will be given access to 2
storage closets, one in the lounge for their exclusive use and to which only they shall have the keys, and
one at the rear entrance where they may store pails, mops, and other needed supplies and equipment.
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 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.
DEPARTMENT OF JUVENILE JUSTICE_ BUILDING _ SECOND FLOOR —
APPROXIMA'ITULY 20,000SQUARE FEET
The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and
safety devices required in the performance of same for the DEPARTMENT OF JUVENILE JUSTICE
BUILDING, SECOND FLOOR located at 5503 College Road, Key West, FL. Services listed below are
to be conducted only during the hours of 8:00 AM to 5:00 PM Monday through Friday. A mutually
agreed upon schedule will be developed with the minimum services to include, but not limited to, the
following:
A. GENERAL OFFICE CLEANING (two times per week)
i. Tile floors —dust mopped and/or damp mopped
ii. Furniture and Furnishings -Dusted and spot cleaned
iii. Low ledges, sills, rails & baseboards dusted and spot cleaned
iv. Trash and recycle containers emptied and liners changed
V. Vacuum carpets
vi. Carpeting spot cleaned
B. RESTROOM SANITATION (Monday through Saturday)
i. Floors swept and loose dirt removed
ii. Floor washed, disinfected and mopped
iii. Stall partitions damp cleaned
iv. Commodes, urinals, basins & vanities scoured and disinfected.
V. All supplies replaced with sufficient stock to last through the next cleaning day
(includes hand soap, paper towels & toilet paper)
vi. Trash receptacles emptied and liners replaced.
vii. Mirrors polished
C. PUBLIC AREAS/ HALLWAY/BREAKROOM (Monday through Saturday)
Bid Award Agreement October 20t4
i. Low ledges, sills, rails and baseboards dusted and spot cleaned
ii. Drinking fountains cleaned and polished
iii. Trash and recycle receptacles emptied and liners replaced, recycled material shall
be transported to exterior recycling bin
iv. Furniture and furnishings dusted and spot cleaned
V. Upholstered furniture vacuumed
vi. Tile floors dust mopped and/or damp mopped
D. FITNESS ROOM MAINTENANCE (Monday through Saturday)
i. Same as RESTROOM SANITATION as described above
ii. Vacuum and damp mop both tile and rubber matted flooring
iii. Clean mirrors
iv. Low ledges, sills, rails and baseboards dusted and spot cleaned.
V. Drinking fountain cleaned and polished.
vi. Trash receptacles emptied and lined
vii. Clean all gym equipment seats and handles with disinfectant
viii. Clean all gym equipment base/housing on a weekly basis
ix. Keep paper towel dispensers (2) well stocked
E. ELEVATOR MAINTENANCE (Monday through Saturday)
i. Clean and disinfect interior car walls, holding bars, and push buttons
ii. Vacuum and damp mop floor
iii. Vacuum door track
F. PERIODIC SERVICES
i.
Floors buffed once a month
ii.
Floors stripped and refinished once per year
iii.
All door vents cleaned weekly
iv.
All high dusting —monthly
V.
All interior windows washed every other week.
vi.
Clean/Shampoo all carpeted areas every six (6) months
vii.
Clean all A/C vents in all offices and hallways once per month
viii.
Sweep out, mop and dust STAIRWELLS once per month.
GENERAL SPECIFICATION (Both Facilities)
Contractor agrees to use and provide documentation for whole -building cleaning and
maintenance practices, using
A. Sustainable cleaning chemicals (non -disinfecting) that meet the requirements of Green
Seal's GS-37 and/or EPA's Design for the Environment program
B. Use of micro -fiber wipes, dust cloths and dust mops in place of paper wipes and where
paper products are used, including hand towels, use of products that contain at least 30% recycled
content and which are recyclable
C. Floor care products (Finishers and Sealers) shall be durable and slip resistant and the
finish shall be free of zinc (metal -free) or shall meet the requirements of Green Seal's GS-40 and/or
Environmental Choice's CCD-47 and/or EPA's Design for the Environment program
Bid Award Agreement October 2014
D. Carpet care products shall meet the requirements of GS-37 and/or CCD-148
E. Proper training of Contractor's personnel in the hazards, use, maintenance and disposal of
cleaning chemicals, dispensing equipment and packaging
F. Use of hand soaps that do not contain antimicrobial agents, except where required by health
codes and that meet Green Seal GS-41 A standard
G. Use of cleaning equipment that reduces impacts on Indoor Air Quality.
3. PAYMENTS TO C!2NTRAC"T'OR
A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon
annual appropriation by the Board of County Commissioners.
B. 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 invoice
by CONTRACTOR.
C. 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.
D. MONTHLY FEE FOR JANITORIAL SERVICES FOR MAY HILL RUSSELL
LIBRARY:
One 'Thousand Four Hundred Ninety Dollars and Fort_. Three Cents_
AMOUNT WRITTEN OUT
$ 1,490.43
E. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT OF JUVENILE
JUSTICE BUILDING — SECOND FLOOR
Two' nty_ Cents
AMOUNT WRITTEN OUT
$ 2,431.70
4. TERM OF AGREEMENT
This Agreement shall commence on November 01 , 2014, and ends upon October 31, 2015,
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 Contract amount may 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 at December 31 of the previous year using the most recently
published indicator.
ACCEPTANCE ± OF CONDITIONS BY CONTRACTOI
Bid Award Agreement October 2014
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 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
Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and conditions
that Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
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 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
Bid Award Agreement October 2014
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.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE.
Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not
less than $100 000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. If single limits are provided, the minimum acceptable limits are $1 0 per
person, $, 01.000, 00 per occurrence, and $5.0 000. 0 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 $100,000.00 per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability.
EMPLOYEE DISHONESTY. The Contractor Shall purchase and maintain, throughout the term 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
CERTIFICATES OF INSURANCE.
Original Certificates of Insurance shall be provided to the COUNTY within fifteen (15) days of the
award of Bid 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. Monroe County shall be named as an additional insured
on the Vehicle Liability and Commercial General Liability insurance. If requested by the County
Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its
officials, employees, agents and volunteers.
MONROE COUNTY MUST BE NAMED AS AN ADDITIONAL INSURED ON ALL LIABILITY
POLICIES, EXCEPT WORKER'S COMPENSATION.
9. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of See. 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
Bid Award Agreement October 2014
At all times 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, subcontractors, 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 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 and CONTRACTOR, 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 `i fftt LAW AND LICENSE RE UIREMMENTS
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.
Bid Award Agreement October 2014
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 compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR
shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe
County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for
counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program
is required by statute, as a condition of probation, or is provided on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it 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 REOIRI«MENT
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: FOR CONTRACTOR:
Monroe County Stockton Maintenance Gamp
Facilities Maintenance Department 1975 Sansbu 's Way. Suite 116
3583 South Roosevelt Boulevard West Palm Beach 3333411_
Key West, Fl. 33040 Doug Riordan, President/Owner
and
County Attorney
Post Office. 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
B11 id Award Agreement October 2014
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 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.
B. 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.
19. GOVERNING LAW VENUE INTERPRETATION, COSTS AND_I+EI+:S
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. MEDIATION
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 PEES 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 and attorney's fees, in
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 OE DISPUTES_OR DI,SAGREEME TS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If
Bid Award Agreement October 2014
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
formation, 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 action, as required
by law.
27. CLAIMS FOR FEDERAL OIL 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 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
Bid Award Agreement October 2014
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. PUBLIC ENTITY CRIME INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a Construction 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 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.
Bid Award Agreement October 2014
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.
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.
Attest: AMY HEAVILIN, CLERK
r
Deputy
Date: DCtoLa' / �' ;
Witnesses for CONTRACTOR:
_
4Siggn,ire
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO NTY -' ORIDA
By:
ayo
Signa re of person authorized to
legally bind Corporation
Date: 9' ZC
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Print Name
Address: �-- �
Telephone Number
Bid Award Agreement October 2014