Item F40a r
County of Monroe
- Me Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.40
Agenda Item Summary #2355
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
None
AGENDA ITEM WORDING: Approval of Second Renewal Amendment Agreement with
Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Key Largo Library to extend
the term to November 30, 2017.
ITEM BACKGROUND: On November 18, 2014, the BOCC approved a bid award agreement
with Stockton Maintenance Group (SMG) for janitorial services at the Key Largo Library. On
November 17, 2015, the BOCC approved the first renewal amendment agreement which extended
the term to November 30, 2016.
PREVIOUS RELEVANT BOCC ACTION: Bid award BOCC approved on November 18, 2014.
On November 17, 2015, the BOCC approved the first renewal amendment agreement.
CONTRACT /AGREEMENT CHANGES:
Contract will commence December 1, 2016, and terminate November 30, 2017; monthly fees will
increase by .7 %, the CPI -U at December 31, 2015. The contract amount is adjusted .7% for janitorial
services at the Key Largo Library from $1,260.17 per month to $1,269.00 per month.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
111814_Bid Award Agreement _KL Library Janitorial _SMG_Exec_Item F -34
111715_ Executed_I st Renewal Largo Library F -29
Stockton Maintenance -janitorial Services - 2nd Renewal (Key Largo Library) (final legal
approved)
FINANCIAL IMPACT:
Effective Date: December 01, 2016
Expiration Date: November 30, 2017
Total Dollar Value of Contract: $15,228.00 /year or $1,269.00 /month
Total Cost to County: $15,228.00 /year or $1,269.00 /month
Current Year Portion: $12,690.00
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: Yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: No
County Match: No
Insurance Required: Yes
Additional Details:
If yes, amount:
11/22/16 001 -20501 - FACILITIES MAINTENANCE
$15,228.00
REVIEWED BY:
Doug Sposito
Completed
11/04/2016 9:19 AM
Patricia Eables
Completed
11/04/2016 11:18 AM
Budget and Finance
Completed
11/04/2016 11:36 AM
Maria Slavik
Completed
11/04/2016 11:59 AM
Kathy Peters
Completed
11/04/2016 1:50 PM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
DA TE': Deceniber 1.5. 201-1
TO: Dent Pierce, Dii
Public [Vorks Division
A TTYN: Beth Leto
1 Lincls(�y Ballar(J, D.C. I'�,
. ..........
At tl Noverriber 18, 2014, Board of County Commissioner's meeting the Board granted
approval and execution of Iterris:
1 '2 "1 Enter into a one year's residential lease agreement with a Sheriff s' Deputy for l-ocation 13 to
con December 01, 2014 and terminate'` ovember 30, 2015,
f 2- 4 I-ease Agreement with the State of Florida Department of Health, Monroe County health
Department, to provide continued 1125 sq. ft. of office space at the MUrray F.". Nelson Government and
Cultural Center, 102050 Overseas Highway, Key Largo, FL.
F28 Award bid and execute as contract with E E G F'Invironn Services, 1J,C for professional
beach cleaning, rnaintenance and beauti f i cation, Higgs Beach, Key West, including the children's 1enced
in play area/beach side on weekends (Saturdays and Sundays). This contract is funded in full by the
TIX
1 31 Award bid and execute as contract with Stockton Maintenance Group Inc. (`CMG) for Janitorial
services al. the Big fine Key Library,
Y
V 11 F3-4 Award bid and execute a contract with Stockton Maintenance (..'YrOLIP Inc. (SG) M fear janitorial
services at the Key L,argo Library.
1 is (:i (InlVicale origimd cif the above inentionecl execule(l on be half 'cif 1lonroe Countj),16r,vour.
hanotling. Should Vou hove anY questions, Plcuseftelfi ee to conlact me.
c C County Attorney
Finance
I He
500 Whitehead Street Suite 10.1, PO Box 1980, Key West, R. 33040 Phone: 305-295-3130 Fax: 305-295-3663
311 / Overseos Highway, Morathon, FL 33050 Phone: 305-289-6027 Fox:.305-289-6025
88820 Overseas Highwoy, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
JANITORIAL SERVICES AGREEMENT- KEY LARGO LABR-XRY
I
STOCKTON MAIN GROUP
MONROE COUNTY, FLORIDA
This Agreerrient is made and entered into this l8th day of November, 2014, between
MONROF COUJNTY, F L,ORIDA. ("COUNTY"), a political subdivision of the State of
Florida,w Meese address is 1100Simonton Street, Key West, Horida,33040, Laid Stockton
Maintenance Group, lite. (SMG) ("CON TRACTOR"),, a 117orida corporation, whose
address 1975 SarisbUry Way, Suite 116, West Palin Beach., FL 3141' 1.
WHEREAS, COUNTY (Icsires to provide janitorial soviets for Key L-argo Libotry,
Monroe County, Florida, and'
WHEREAS, CONTRACTOR desires and is able to powide janitorial services to
lacy Largo Library, Monroe County, Florida; and
WHEREAS, it serves a legitimate Public purpose for (".ONTRACTOR to provide
janitorial services to Key L..argo Library, Monroe COUnty, Florida, now theref6re,
I
IN CONSIDERATJON of the ritutuai pron and -Covenants coritained herein, It is
agreed as l'oflows:
1. TIJE AGREEMEN'll"
The Agreement consists of this (10CUrnelit, the bid documerus, exhlt)its, and any
addenda only,
2. SCOPE OFTHE WORK
rf Contractor shall furnish all labor, materials, equipnient, tools, transportation,
services, and incidentals,. to perfrorrn all the work necessary in accordance with the
specifications, Le., Janitorial service,, including all necessary supplies. equipment, and safety
devices required in the performance of same fior the Key Largo Library, located at Mm
10 ,5, US Highway 41 consisting of approximately 1'2,069 st,
A, Restroom Sanitation shall include the fifllowing on as dally basis:
i. All Floors swept, loose dirt', removed,
j, 1, Wash and disinfect floor
ill, Stall partitions dtmp cleaned,
V. All cortirnodes, urnials., bas'ns arid van'ties shall be scoured and
disinfected,
v. All urinal traps shall he specially cleaned and disinl�scte&
vi. All sanitary napkin receptacles will be clearied, waste disposed, and
disinf ctcd,
vi l, All supplies shall be replaced (paper goods, soap., etcj,
Janitorial Servkes Agreement 1 BBC C Noveniber 1 8 2 01 4 1 4
v iii All other work necessary to nnaintairl a clean and sanitary condition iro
these restroonis shall be accornplished, whether it is speciflc illy noted
in these specifications or not,
NOTt, ' ': Key Largo Library has I male public restroorn with I toilet and I urina 'I
l,
feiriale public restroorn with 2 toilets ,:arid I employee restrooril with 1, toilet,
f1, All sinks and water foi..intains outside the •estro areas are to be cleancol
daily. Water lbuntains are to he polished periodically.
C General Cleaning shall be completed daily, and should include the 1"ollowing:
I All file floors are to be ClUsted and tnopped,
IL All fi,irri it tire and f to be dusted and spoi cleaned.
iii. I-ow ledges, sills, rails, tables, shelving, Niseboards, etc. to be wir)ed
with a damp cloth to rcdUCC the arnottrit of'dUSt In the building.
iv. All trash receptacles errs tied, and trash can liners replaced,
N 1. All upholster furniture to be vacuumed,
VL All carpeting shall be vactiurned with a powerl"u] HEPA vacuum, arch
as the Oreck.
U Weekly janitorial. ser'v'ices 10 include
i All glass partitions, doors, mirrors, windows., et.c. to be clearied and/or
polished,
IL Obvious SCUl"I" inarks shall be removed f'o resilient flooring.
I'll All door vents cleaned.
MorithlyJanitorial services to include:
i. All high dusting (i.e. l door fi air vents, tops of'brook shelves,
CtO
h. All walls dusted monthly
iii. All air conditioning verits, supply and return air grilles cleaned,
E The C11 , 011tractor shall Insure all exterior doors are locked while they are
servicing the building and upon their departure.
C,
G Janitorial services will be 6 days a week, Monday fl - irough Satt..Irday
(excluding holidays), beginuing at 7:30 a,in, cor 8.30 a.rn. said finishing no later than 9:30
amt. (Library (,opening time).
I
IL -oordinatiori of the work with the ("ounty area represeurative shall be the
responsibility of the Contractor. Fhe Contractor shall perlbrin the work duririg hours, and
urric as specified.
1. Keys shall be issued to the Contractor by the area representative at the start of'
the C.ont•act. Written confirmation ol'receipt of 'keys shall be signed by the Contractor. The
(-'ontracto• shall return all keys as issued upon expiration (A'dic contract or tern ation,
Janitorial Services Agreement 2 BOCC N(minher 19 2101 t
The Contractor shall be rcsj:)onsible for the cost of changing locks, etc., for all
keyed secured areas for which the Contractor does riot r0tUrn the keys.
K, The Contractor Shall report any problerris r(,-gardirig opcii doors and/Or
vandalism to the Facilities Maintenance Deparri
1- The (-'ontracto)r Shall provide {,tfl suj�)plics necessary for the cleaning
perlbi-nialrCe ofjijS work under the contract. All supl- including but riot limited to, hand
soap, paper twvcls., toilet paper, and trash can finers, shall be supplied by the Contractor.
Restroorns are equipped with paper towel and toilet paper dispensers. The contractor shall
maintain stock in each facility in an arnount SllfflCrCut tO fast through the next cleaning day.
I zn
M. Additional Services (Shall be perlormed once in. every three month period,
and shall be included in the bidding price,)
1. Resilient Flooring shall be swept/dust r'noppcd and stripped, Af"Ler
application of three coats ofvrax, areas sl be buffed sufflicienfly for maxi.rYlUrn, gloss and
uniform sheen. frorn wall to wall, inch drip corners. The waxed 11(ior shall present a clean
appearance free from scuff marks or dirt sirrears. furniture arr(.1/or other equipment rrooved
during floor stripping and waxing shall bo5 returried to their original positams,
it, Dry Steam C'leaning, or Shampooing Carpets and RUgS shall
be vactrurried cif all loose soil and debris prior to cleaning., and. shall be free ofstreaks, stains
arid spots,, and shall have a bright urilforrn color upon completion of dry cleaning, steam
cleaning or sharnpooing,
K Inspection of Work: Random inspections shall be performed by County
Representatives from the Public Works/l Division administering the contracts.
Deficiencles shall be corrected within a twerity-four (24) hoiir period of" nonificatIon to the
contractor. Fallure� of the contractor to correct such deficiencles shall re•tilt in prorated
deduction from the niorithly invoice,
3. PAYMENTS T'O CONTRACTOR
A. COUNTY'S perf'ormance and obligation to Pav Under this agreement, is
contingent upon annual appropriation by the Board of' ("ounty Conirrussi(iners, ('01.7NI"Y
shall pay in accordance with the Florida Local Government Prompt Payinerit Act'. payment
will be made after delivery and inspection by COUNIN and up(, submissi(..)n of' a proper
invoice by C'ONTRACTM
B, (2ONTRACTOR shall subi to ('01-INTY invoices Witt). SUPP'orting
doicurnentalion acceptable to the leek, on a monthly schedule in arrears. Acceptability to
the Clerk is based on tienerally accepted acCOLD principles and such laws, rules and
regulation, as rriray govern the Clerk's disbursal of funds, The Contract arnount shall be as
stated by the CMIRACTOR's bid as follows: One Thousand T'wo Hundred if anti
16/100--Dollars ($1,250.16) per month,
4. TERM OF AGREEMENT
This Agreement shall commence December 01, 2014 and ends upon November 30,
2015 unless terminated earlier under paragraph 18 ofthis Agreernent.
janitonal services Agreernent 3 BOCC Nov einher IS M14
The COUNTY shall have the option to reriew this Agreement Cor tip to .in additional
two (2) one year pe�riods at ternis and conditions nittitlally apyeeable to the parties,
exercisable upon written notice given Lit least -1 days prior to the end of the itiltial terril.
IJI'lless tile Context Clearly indicates otherwise, ref'crei ices to the "terin'" (,)f' this Agreement
shall mean the inih, term of' one (I ) year,
The Contract arriount may be adjusted allIlLially in accordarice with the percentage
change in the U.S. Departryient L Commerce Consi.inler Pr Index (CP`l-U') for all L)'rban
Consumers Lis rej:)orted "by the I', S, Boircati of' Labor SLatistics and shall be based upon the
(ITI-U computation at Dec ernber 31 4the previous year,
5k ACCE PTA N( IT OF CONDITIONS BY CONTRACTOR
CON has, arid shall maintain thf.(Algh,OLIJ, the tel (,.)f' this Agreement,
appropriate l Proot' of' such licenses arid approvals shall be submitted to the
COUNTY Upon request.
6. FINANCIAL RECORDS OF' ("'ONTRACTOR,
CON'TRACTOR shall maintain Lill books, records, and docurnents directly pertinent
to perforinance under this Agreconerit in accordance with generally accepted accc)unfing
I F"ach party to) 10 is A�-)reem erl or their authorized
principles consistently applied, I
representatives shall have reasonable arid firriely a acccss to Stich records ot'cach other party to
this Agreement for public records PLffP0scs during the terin, of the Agrectrient and for i'OUr
years following the terrranation of'dais Agreement, 11' an auditor employed by the COUNTY
or C.Ierk determines that nionies paid to CONTRACTOR put-SUant, to this Agreement were
spent fior purposes ara t authorized hy this At-) - pay the
",reen the CONTRACTOR shall i c
nionles together with Interest calculated pUrsuant to Sec. 55.03, FS, running Cronl tile (late the
illonies were paid to CONTRACTOR,
7. PUBLIC ACCESS
Pursuant to Floricki Statute § H 9,0701 . Contractor and its subcontractors shall coiliply with
all pilblic records laws of'the State of"'lorida, HICILI(fing but ,- lot Iii tw
(a) Keep and maintatin public records that ordinanly and necessarily would
be required by Monroe C.'ounty in the perf'ort of'this Agreement.
(b) Provide the public with access to public records oil the sanic terrns and
conditions that Monroe County WOUld j the records arid Lit as cost that
does noi exceed the cost provided in Florida Statutes, Chaptcr 119 or Lis
othc provided by law,
ic) F"TISLIN thLIt public I ords that are exempt or confideritial and exempt
Froln public records disclosure requiren are not disclosed except as
authorized by law.
(d) Meet all requireinients for retan pUblho, records and transt'icr, at no
cost., to Monroe County all public, records In possession of the contractor otpon
termination of' this Agreerrient and destroy any duplicate public records that
are
exempt or confidential and exe� "rorri public records disclosure
requirements. All records stored odcctrornC,',llIV roUSI be providcd to Monroe
County in as forinat thLit is compitible with the intort technology
Systems of" Monroe County
Janitorial Services Agreement 4 IBO( C N (.) v e eri i ° 1 8 2 0 1.4
The Count - Y shall have the right to uni lateral I y caricel this Agreeinerit Lrlp()o violation of' this
\,]
Pro'Siojrr by (.."ontractor.
& HOLD HARMLESS AND INSIJRANCT
o JA t l
Ntwithstanding any ri nISUratic c reqiiireinents prescribed elsewhere I , is
agreement, Contractor shall defiend. indeninifv and h the C(A.'NTY and the COUNTY's
elected and. zlrl ointed office and employees harmless from and agairist (i) any cialryls,
actions or causes (,)I' action, 0i) any litigation. adrinnistrative Proceedings, appellate
pro,ccedings, (ir other proceedings relatirig to any tVPC Of inJUry (including death), loss,
darriage, finc, penalty or business interruption, and (iii) i.-iny costs or expenses that may be
asserted against, initiated with respect to, or sustained by. aniy inden party by rels()ri
(i f , or in C01 With., (A) any activity of C0NTf o a of
r any cif_` its employees,
sub-contractor
s or other InVFtCeS dt-lrillg the terni of this AGRE'EMENT, (B) the
n Ig 1 1,
egfigence or willf`ul niisconduct cif` CONTR.ACTOR or ariy of its employees, agerits,, SLib-
contractors or other invitees, or (C) CONTRACTOR.'s defilult in respect of any of the
obligations that it undertalikes under the tears of dais AGREEIMFINT, except to the exterit the
claims, a(tions, causes of' actic)n, litigation, f)roceedings, costs or expenses arise fi tire
intentional or sole negligent acts or omissions ( the C I 0,JNTY or any of its employees,
agelitS, contractors or invitees (other than (.'ONTRACTOR), Insofar as the claims, actions,
causes of action, litigation, procee(fngs, costs or expenses re hate to events or circunlstarice,�.;
that occur dUring the term of' this AGRr this section will survive the expiration ()f'
the ternr of'tirls AGREEW' or any earlier termination of this ACTRI'l-I'M I'NT.
The extent of liability is in no way hinited to, reduced, or lessened by the insurance
requirements contained elsewhere within this aareement, Failure of CONTRA.CTOR to
comply with the requirements of'this section shall be CUM' for iminediatC tc•inination ofthis
aereeniern,
1- to CXCCUti0n of' this agreernent, CONI RACTOR shall t1irnish the COU INTY
C."ertificates of' Insurance inclicatirig the minit coverage Iiinitatioris iii the following
amounts:
WORKI-, COMPF"NSATION AND FAIPLOYF'R'S LIABILTIY INS(-JRANCT'. Where
applicable, coverage to apply for all erriployces at a rrimirraini statutory hinits as required by
Florida t,aw, lit addition, the CC)NTRACTOR skall obtain Frnployers' Liability Insurance
with linats of' not less than $1(1(1()00.00 bodily it 'Lrr, by accident. S500,,,000,00 bodib" inj'Ury
by disease, and 5100 000. 00 bodily lqjury by disease, each erriployee,
COMPRE.'HENSIVE AUl'(WOBILF VEHICLE LIABILF INSURANCII. Motor vehicle
liability insurance, iricludin g, applicable no -fault (;ovenap ith limits oHiabifity of riot less
,e,,, wi
than �,LQ Lo()QJLQ tx".r occurrence, combined single limit !'c)r I.-Iodily Injury Liability and
property Darriage fAability, If' single limits are provided, the mina - nurn acceptable limits are
$j per person, $300.0W00 per occtirrence, and $,,�U, 00. - ty darntge.
- .......... -- -- — - - ---- - - propei I
Cl'overagc shall include all owned vehicles, all no.n-owlied vehicles, and all hired vehicles,
COMMERCIAL GENF`R-Al, LIABILFYY Cornmercial gerieral hability (,. with limits
of' liability of' not. less than $,j( )P)L
)Ua_QQ per occr..irrencc combined single limit for Bodily
h 'ury Liability. and Property Darn age Liability.
Janitorial Services Agreement 5 MACT Novcinbcr 19 2014
The Contractor shall ptirchase and maintaln, throughout the terin of the contract,
EMPI-OYN" DISHOWSTY INSI-JRAN(T" In the minnnurn artiount of' $10.000.00 per
Occurrence which will pay for losses to County property or inoney caused by the fraudUlcl
or dishonest acts of' the C'ontractor's employees Or its agen[s, whether acting alone or in
collusion of'others,
MONROE COUNTY BOARD OF" COUNTY COMAIL SIONERS MUST 11E NAM11,"D AS
ADDITIONA L I1 Rf, ON ALL POLIC1 " SEX CFP7' WORKER "S COMPENSA TION
(]EIRTIFICATFS OF INSIfl�ANCP., Original ('ertificates of insurance shall be provided to
tile (.'(X-JNTV within fifteen (f 5) days of the award ol'Bid and certified copies provided ff
requested. F'ach policy certificate shall be endorsed with ,:a provision that not less than thirty
(30) calendar days' written notice shall be provided to the (-XA-!NT'Y bef'ore array policy or
coverage is canceled or restricted. The underwriter ofsuc.h hisurance shall be qi-ralified to do
business in the State of'Florlda, Monroe ( 'ounty shall, be nanred as an additional insured on
the Vchicle Liability and ('ornniercial General Liability insurance. if requested by the
County Administrator, Ih(. insurance coverage shall be Prin'laxy insurance with respect to the
(. its officials, emiployees, agents, volunteers.
9 NON-'WAIVER,OF IMMIJINITY
Notwithstanding the provisions of Sec 769-28., I'lorida Statutes the participation of'
(-"Ot.)NIT ' and (' ` FO R in this Agreenient anG the acquisition of any commercial
liability insurarwe coverage, sclf-insurance coverage, or local goverruncrit hability irisurance
pool coverag shall riot be deerned as waiver of n to the extent of liability coverage,
nor shall any Agreement entered into by the C(')(.jN'I'Y be required to contain any provision
for walvet'.
10. IND EPENDFNT
At all times and fZ all PUrPOSeS under d a.(1,1 CONTR,/ X,1 70R, Is M1
indclsenderit contractor and not an employee of fric 13oard of ountv Con of
klonroe ("ounty. No stateniertl contained in this agreenient shall be construed so as to find
('0NTfW.'T0R or any of` his cn stibs, servants. or agents tea be ernployees of the
lloard ol'County ( of'Monroe C'ounty,
It. NONDISC' RIMINXTION
ON' agrees that there will be no discrimination against any person., and it
is expressl ' V Llr►derstood fliat upon a determination by a. court of'c(:)i ete
, riprit ' jurisdicttor) that
discrimination has OCCUrred, this Agreement autoinatically terrinnates, without any ftirther
action on the part ofariy party, effective the date ofthe court order. CON'"I"RACTOR agrees
to comply with all f ederal and l-'lorida statutes, and all local ordinances., as applicable,
relating to nondisc•irninat Ion, Tfiese includc but are not hinited tw 1) Title V1 of the ("vil
Rights Act of 1904 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of they Education Amendment of 1972, as oirnended (20 (-' IS(' ss.
1681-1693, a 685-
and 11686), which prohibits discrin on the ba of sera ; 3 sis
1 -1) secholl
504 of' the Rehabilitation Act of 197"1. as arnerided (.20 tJS(' s, 794), which prohibits
discrimination on the basis of handicaps', 4) The Age 1-hsci Act of 1975, as
amended (42 [J C' ss, 6101-6107) which prohibits discriminatiou on the basis of age 5) I'lle
Janitorial Sentices Agreement BOCC Noveirifer 18 2014
DrLq Ahuse 011 , ice and Treatment ,, \ct of 19T2 (Pl, 92- arriended., relating to
nondiscrimination on the basis of drug abusc', 6) The Comprehensive Alcoflol Abuse and
Alcoholisn'), Prevemtlon, Treatilient and Rehabilitation Act of' 1970 (P], 91-616). as amended,
relating to nondiscrimination oil the basts of alcohol (AbLISe or alcoholism; 71 1 lie Public
Health Set Act of 1912, ss. 523 and 527 (4 I.'SC ss, 690dd-'.3 and 2(90cc-3), as amended,
relating to confidentiality of alcohol and drug, a.buse patient records; 8) 'Fifle V111 ofthe Civil
Rights Act of 1969 (42 LISC s et sect ,), as aniended, relating to nondiscrimination, M the sale.,
rental or financing i)t'hOUSjY1fq: 9) Hic. Anlericans with Disabilitics Act. of' 1990 (42 USC I
I 201 Note), as rnaybe amended frorn tn to Time, relating U) riont iscriniination. on the basis
of disability 10) Any other noridiscrinunation, prov.tsions in any Federal or state statutes
which may apply, to C()l.';NTY and CONTRACTOR, to, or the subj
ject matter of, Tills
Agreernent,
12. ASSI(,,
CONTRACTOR sliall not assign or subcontract its obligatiorm under this agreinent
to others, except in writing atrid with the prior written approval of the Board of' C"ounty
I
Con o Mo
f' nroe County and Contractor, which approval shall lac subject to suc
Conditions and Provisions as file Board tuav deern necessary, 11i's parap
I ,raph shall be
incorporated by rei6rence into any assionment or subcoritract and any assignee 01*
subcontractor shall comply with aII of the provisloris of' this agreement, Little ss expressly
provided C(A therein, such approval shall in no inanner or event be decined to impose any
additional obligation upon [he board,
13. LOMPLIANCE WITH LAW AND LICENSf:, RE�,Q1,AREMMENTS
In providing all services/goods J.'MrStlant to this a ;re enlent, CONTRACTOR shall
abide by all laws of the Federal and State governnient, ordinances, rules and regulations
pertaining to, or reguliaing the provisions ot" such sei'viccs, including those now in efTect ,.arid
hereinafter adopted. Compliance with all laws includes, but is not firnited to, the
irnrm gration laws, of the Federal and State governt Any N/lolarion of' said statutes.,
ordinances, rules and regulations shaall COnStitUtC as nlaterial breach of this agreemenit and
sliall entitle the Board to terrninate this Agreement, CONTRACTOR shall possess proper
licenses to perform, work In. accordance with these specifications throughout the term ofthilli
A(treenlent_
14. PISCLOStIRE AND CONIJACTOF INTERE81'
CONTRA C"TO R represents that it, its directors, prinwiples and ernployces, presently
have no interest and shall acclillre nor interest. either direct car inolirect, which would conflict
in any manner with the performance of services required bythiS C()utraCt, as Dl'OV'dcd in Sect,
112311, et. sec, I lorida Statutes, ('01-INTY agrees that officers i.ind employees of' the
(.'Of WIN recognize and will be required to coniply with the standar'ds ol'condUCt for public,
officers arld employees as delineated in Section 1123 13, Florida Statutes, regarding, boit not
limited to, soliontallor) or CICC(IPL.ince of gifis doing business with one's agency, unatithorized
compens, misuse o!'public positiort, conflicting eri or contractual relatlonshlp�
arid disclostire or t.ise ol"cet-tain Infin
COUN'l Y itrid CONTRACTOR warrant, that, in 1"Csp(. to Itself'. it has neither
employed not retained any col or person, other than as bona ficic employee working,
Janitorml Services Agreerr ent 7 BOCC 18 2014
solely for it, trr solicit or sectire this Agn."cerrient and that it has not paid or agreed to p, any
person, company, corporation, individUal. or firm, other than a bona fide employee working
solely for it, any Im corni percentage, gift, or other consideration contingent upori or
resulting From the award or rnaking ol'this Agreement ' . For fl h
- te breach or violation of`
provision, the CON't RACTOR agrees that the Cot.-I shall have the right to terminate
this Agreement without liability and, at its discretion, to of1set from monies owed. or
otherwise recover, the f1ill arnount, of Stich f`cc, cornrinssion, percentage, gift, or
consideration,
M NO PLEDGE OF CREDIT
('ONTRACTOR shall not pledge the COUNTY'S credit, or inake it a guarantor of'
pilynient or surety for any contract, debt, obligation, judgryient, lien, or any Ibrin of'
indebtedness, (.'(.,)N M.ACTOR further warrants and represents that it has no obligation or
indebtedness that wou.ld impair its ability to 1`61fill the terms of this contract,
16. NOTICT
LJZFQ�JIIIEMENT
Any notice rcquired or penrutted under this agreerrient shall be in writing and hand
delivered or rrialled, postage prepaid, to the other par I by ccrtified rnail, renirned receipt
requested, to the fifflowing:
F O C0 IJNTY
Monroe Count
Facilities Maintenance Department
3583 South Roosevelt, Boulevard
Key West, U1. 33040
QNTR,A(",
Stockton Maintenance Y r (Ltjj)
1975 S axis b tiry:,, t e 116
Wes PaIrri Beach Fl, 33411
Dona Riordan, President/Owner
M
Courory Attorney
P0. logic 10'26
Key West, Fl, 33041 -1026
17. rAXES
t ;N'ry is exempt Eroin paynicrit ol' I'lorida State Sales and UIsc taxes,
CIONTRACTOR shall riot be exerripted by virtLIC ol'the (`0f JNTY'S exemption trorn paying
sales tax to its suppliers for materials used to fiJIfill its obligations under this contract, nor is
CONTRAC"FOR authorized to use the (I0LINTY'S Tax Exemption Number in securing such
rnaterials. CONTRACITOR sha.11 be responsible lot. any and all taxes, or payments of
withholding, related to services rendered under this agreement,
18. TERMINA
A. The ( I'OUNT'Y may terminate this Agreement with or without cause prior to
the conarriencernent col' work.
B. The C.,,()UNT'Y or CONTRACTOR may tenTlInate, this Agreement tor cause
with seven (7) days notice to CO N RAC" TOR, ("aUSC shall constiltrtc a breach of' the
obligations of'either party to perf'orni the oblig,atioris cnun undcr this Agreenrenl_
Janitorial Services Agreelryient 8 BOCC November 1 2'0'14
C. E'Ither ofthe parties hereto may cancel this agrem
eent Without cause by giving
the other party sixty (60) days written notice of" its Intention to do so with ricithcr party
having any further obligation Under the te•in s ofthe contract upon tern
19. .COVER NITS(I'L, EINU1 INTERPRE,"I'ATION COSTS AND FEES
This Agreement stiall be governed by and corisirued in accordance with the laws of
the State ol'Florida applicable to Agreenrents made and to be perforryied entirely ill the State.
In the everit that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreerrient, the, CO `NT an,d agree
that venue will lie in the, appropriate col.irl or before the appropriate adn body in
Monroe. Coilrity, Florida,
20. NIEDIATION
The COUNTY and CONTRACTOR agree thal., in the event of' conflicting
i I issue
of the terms or a term ofthis AgIreetrient by or between an� () tile '
shall be, submitted to mediation prior to the institution of any other administrative or legal
proceeding, Mediation proceedings initiated and conducted pursuant to this Agreernent shall
be in accordance with the Florida RUICS 01' CiVil Procedure arid usual and custorna•y
procedUreS required by the circuit COUrt of" Monroe County,
21. SEVERABILITY
If tarry, term., covenant, condition or provis�ion ofthIs Aj,;reeinent (or the application
thereof' to any eircurristance or person) shall be declared invalid or unenf'6rceable to any
extent by a court of cornpetent, jurisdiction, the rernannn,(.4 terms, coveriants, conditions and
provisions of' this Ak
I greement, shall riot be af]'(,,cted thereby, and each renraining territ,
coveriant, condition and provision of` dais Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforceinent of the rernaining terms,
covenants, conditions and provisions of this Agreement vvoidd prevent the accoiripfishinent
of'the original intent of this Agreernent. T'he (-',0t.JNTY and CONTRACTOR agree to reforrn
the Agrcenient to replace an ' y y stricke n provision with a valid provision that comes as close as
possible to the intent of the stricken provision,
21 AT'rORNEY'S FEES AND COSTS
COUNTY andl CONTRA(.1'OR, agree that in the event. any cause of' action or
administrative proceeding is itlit.iated or del'unded by any party relative to the enforcement or
interpretation of this Agreemetit, the prevaihr'.q- rarty shall be entitled to reasonable
attorney's fees in both trial art(I cippellarte proceedings, Each party agrees to pay its own court
costs, investigative, and Oi,lt-Of-pocket expenses whether it Is the prevailing party or not,
through all levels of the Court SYSW!11.
23. ADJUDICATION OF DISPUITS OR DISAGREEMENTS
COUNTY Land CONTRAC"TOR agree that all disputes and disagreetnerits shall be
atterripted to be resolved by ineet and confer sessions between, representatives ol'COUNTY
I
and CIONTRACA OR, if rill resolution can t)e agree(.] upon within 30 days after the first nteel
and corder sessi(,m, the issue or issues shall 1 discussed at a public rneeting of the Board of'
COUnty Conirnissionors. if the issue 01' iSSLICS sl-C' still nc resolved to the satisfaction of'
Janitorial Services Afire inert 9 B01'.." C' I NOMTibet , 1 8 01 4
COUNTY and C'(.)NTRACT( then any party shall have the right to seek such relief` or..
rernedv as may be provided by this Agreement or by Flori(hi law.
C-1
24o COOPERATION
In the event arry administrative or legal proceeding is instituted against either party
relating to the formation, exectition, perforrriance, ot� breach of this Agreelment, COUNTY
and CONTRACTOR agree to parti c i pate, to the extenr reqtilred by the other party, In. all
proceedings, hearings, processes., triectirag s, and other activities related to the substance of'
fl Agreement or provision of ` the services under this Agreerrient. COLJNTY and
C'ONTRYNCTOR specifically agree that no party to this Agreerrient shall be required to enter
into any arbitration proceedings related to this,, grcernent.
25. BINDING
The terms, covenants, conditions, artd provisions of' this Agreement shall bind arid
inUre to the benefit of' (.'(,)[-.JN'I'Y and C'ONTRACTOR. arid their respective legal
rej."a sneecssors, arid assigns.
26. AUTHORITY
I'ach party represents and warrants to the other that the execution, delivery and
perf'ormance of this Agreement have been duty authorized by all necessary CO(JINTY and
corporate action, as required by law.
27, CLAYMS FOR FEDERAL OR STA"FE AID
CONTRACTOR and COt-JNTY agree that each shall be, anoi is, empowered tot apply
seek, arid ol')tain Federal arid state frinds to further the. urpose of' this AgreCiTlent,
provided that all al.)plications, requests, rant prol)osals, and fi.inding , , , ;ol1citatio - )ns shall be
approved by each party prior to
2K PRIVILEC,'ES AND IMMUNITIES
All ofthe privileges and in ftorn liability, exemptions firorn laws, ordinances,
an(.] rules arid pensioris and relief, disability. workers' cornpensation, and other berrefits
which apply to the activity of' officers, agents, or employees of any public agents or
ernployees of' the COL/TNTY, wheri perforrnii their respective functiom Under this
Agreerrient witt the territorial firnits ofthe COUNTY shall apply to the sarne degree and
extent to tire performance of'such functions and dirties Of'SU.Gh CO"fiCers, agents, volunteers, or
employees OUlside the territorial hrnils ofthe COLJNTY
29. 1,E(.'-,Al,,, OBLIGATIONS AND RESPON SIB] LITI ES
I his Agreement is riot intended to., nor shall it be coristrtied as., relieving any
participating entity fro rn any obligation or responsibility imposed upon the entity by law
except to the extent of ach.ial arid timely perforniance thereof'by any participating entity, III
which case flic, performance may be offered in satisfaction oft[le obfi,gation or responsibility.
FUrther, this Agreenient is not Intended to, not shall it be construe(] as, a.Lithorizing the
delegation of the consfitullonal or statUtory duties of' the C(.)1.1NTY, except for the extent
permitted by the Florida constitution, state statute. and case law,
Janitorial Services Agreernent '10 BOCC November 18 2014
30. NON--RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely tjpon the terms, or any of thorn, 01 this
Agrevinerit to enforce or attempt to enforce any third-party claim or entitlenient to or benefit
of' any service or prograrn contemplated hereunder, and the ("'OUNTY and the
('ONTI AC"FOIZ agree that neither the C'Ot,'NTY nor 'the ('1 or any agent,
ol'ficer, or employee of' either -,,hall have ti authority to Hifortri, counsel, or otherwise
indicate that any particular indi'OdUal or group of individt.ials, entity 01 entities, have
entitlements or beriefitus under this Agreernerit septarate and apart, inlenor to, or superior to
the cornnrunity in general or I'm the purposes conternplated in this Agreement.
31. ATTESTATIONS
('()N'1R,A('T()lfi agrees to CXCCUte such doctinients as the ( rnay reasonably
require., to niclude as Public I_'nnty Crime Staternerit. an, F'thics Statentent. aii(i as Drug-Frec,
Workplace Statement.
31 NO, PERSONAL LIABILITY
No covenant or agreement contained herein shall be deerned to be as coveriant or
agreernent of' any triernber., officer, agent or employee of' Monroe "array in his or her
individual capacity, and no member, olTicer, agent or employee of Monroe ('ounty shall be
liable personally on this Agreement or be subJect to any personal liability or accountability
by reason of'the execution of'this Agreenicnt.
33. EX,E(,'UT1ON IN COUNTERPAR
']'his Agreement rnay l executed in any nUir'll of c.ounterparts., each of' which shall
be regarded as an original, all (A' which taken together shall constitute one and the sarne
instrument and any of the pat-ties hereto rnay execule, this Agreernent by signing any such
cOunret
34. SEcrflON HEADINGS
Section headings trave been inserted in this Afgreerrient as as nianer ofconvenienct, of
ret"erence only, and it is agreed that such section headings are riot a part of (his Agreernent
and will riot be used in the interpretation of'any provision of this A' ,),
35. PIJBLIC ENTVFY CRIME INFORMA"FION STATEMENT'
"A person or affiliate who has been placed ori the convicted vendor list following a
conviction for as public entity crime, niay not SlLlfrrriit at hid ort a contract to provide any goods
or services to as public entity, may not SUbmit a bid on at contract with a public entity [`or the
I - nit bids on leases of'
constrUCtiOn or repair of a public building or putdhc work, rn�ay riot subt. I
real property to a public entity, rnay not be awarded or perlbrrn work as a Construction
'Aariager, supplier, subcontractor, or consultant under a, contract with any public entity, and
may riot trar)sact business with any pul. entity in excess of 'the threshold arnount provided
in Section 287.01 1 1'or ('A11�'IGORX TWO for a pc loo of'36 rrionthis Front the date of'being
placed on the convicted vendor list."
11 BOC('Noveniber 18 1 014
Janitorial Services Agieement
36. MIJITAL REVIEW
This agreenient has been carefully reviewed by C,ontrar(Aor and the (,.ourlty then ore,
this agreement is not to be construed against eitber parly on the basUs of authorship,
37. INCORP0, RAIj0N0F,BI,D D0CjR%EdN"I'.S
The ternis waid conditions of the bid documents are incorporatf:' by re rence in th,11S
writract agreewnent,
3& ANNUAL APPM11111,LAT ION
'11- Critinty's performance and obligation to pay under this agreement is contingent
f ry the event that the
upon ari annual appropriation by the Board of(I'Amray C.'orninissioners. I
County f7unds on which this ixgreernent is dependent are withdrawn,, this A
terminated and the CourAy has no further obligation ur�tder the terms of this Acyreerrient to tree
Contractor ! that already incurred by tj'je termination date.
lN WITNESS WHEREC)T'. C01-IN TY and CONTRACTOR hereto have, executed this
Agreement on the day and dare first written above in four (4) counierparts, each of which
without proof or accounting for the other counterparts, be deemed an original cOntract..
(SEAL) BOARD OF COLN'J'y (-.OMMISSIONNERS
ttest " AM HEAVILIN, CIA."RK OF MONROE ( TN 'T Y., FLOIDA
A
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�nv
By� .... . .....
Deputy Clerk Mayor
i "I In
Date� Aj(
Date
Witnesses for CONTRAC"TOR.1
�igiianre
... . .......
Date'
nature
Date
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Janitorial Sewices Aqreemei R 12
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n uthOT'zed to
gnature o per
legally bind Corrim
Date:
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BOCC November 18 2014
FIRST RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
This First Renewal Amendment Agreement is made and entered into this V- 1 + 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 November 18, 2014, the parties entered into an agreement to provide janitorial
services for the Key Largo Library, Monroe County (hereinafter "Original Agreement "); 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
Amendment 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 December 1, 2015 and terminate November 30, 2016.The
contract amount is adjusted .8% for janitorial services at the Key Largo Library from
$1,250.16 per month to $1,260.17 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
written.
l.at
/i�l�s
rom
First Renewal Amendment Agreement- Key Largo Library
VIUN, CLERK
BOARD OF COUN"T"Y COMMISSIONERS
OF MONROE COUNTY- � .0 A
By .
Mayo
Date:
l� �l
November 17 2015
Witnesses for CONTRACTOR:
A 'ig "' atore
,'# &k H 0q /
Printal Name and . at
1 -04c' e- -4a /J A 91141 5 -
Printed Name and Date
Signature person authorized to
legally bind Corporation
Print Name and Title
Address: Stockton Main ena c _
Group, Inc
1975 Sansbury's Way, Suite 1
l'e yo r Fb 33411
First Renewal Amendment Agreement- Key Largo Library November 17 2015
SECOND RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
KEY LARGO LIBRARY
MONROE COUNTY, FLORIDA
This Second Renewal Amendment Agreement is made and entered into this day of
2016, 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 November 18, 2014, the parties entered into an agreement to provide janitorial
services for the Key Largo Library, Monroe County (hereinafter "Original Agreement "); and
WHEREAS, on November 17, 2015, the BOCC approved the First Renewal Amendment
Agreement for an additional one (1) year term which commenced on December 1, 2015, and terminates
on November 30, 2016; and;
WHEREAS, the parties have found the Original Agreement as Amended to be mutually
beneficial; and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this Second
Renewal Amendment Agreement;
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 second of the two (2) one -year terms. This term will
commence on December 1, 2016, and terminate November 30, 2017. The contract amount is
adjusted .7% Far janitorial services at the Key Largo Library from $1,260.17 per month to $1,269.00
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.
2. In accordance with Paragraph 7, Public Access, of the Original Agreement, it shall be
revised as follows:
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this, provision by the Contractor. Failure of the Contractor to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
Second Renewal Amendment Agreement- Key Largo Library November 22 2016
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
a. Keep and maintain public records that would be required by the County to perform the
service.
b. Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter 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 for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
d. Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County, upon request
from the County's custodian of records, in a format that is compatible with the
information technology systems of the County.
e, A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under
section 119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292 -3470,
Second Renewal Amendment Agreement- Key Largo Library November 22 2016
written.
BRADLEY-BRIANQ,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12"' STREET, SUITE 408, KEY WEST, FL 33040*
Z
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
(SEAL)
Attest: AMY HEAVILIN, CLERK
By:
Deputy Clerk
Date:
Witnesses for CONTRACTOR:
Signature
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
Date:
CONTRACTOR:
STOCKTON MAINTENANCE GROUP, INC.
Signature of person authorized to
legally bind Corporation
Date:
Printed Name and Date
Signature
Printed Name and Date
Print Name and Title
Address:
Telephone Number
Z
0 1
4C
Second Renewal Amendment Agreement- Key Largo Library November 22 2016