2nd Renewal Amendment 11/22/2016KEVIN MADOK, CPA
MONROE COUN'T'Y CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 6, 2017
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hancock, Deputy Clerl�*
SUBJECT: November 22nd BOCC Meeting
Attached is a duplicate original of each of die following items from the above - mentioned
BOCC meeting:
Item F2 First renewal amendment agreement wide Air Mechanical & Service Corp. for
central air conditioning maintenance and repair - Middle Keys Facilities.
Item F37 Second renewal amendment agreement wide Stockton Maintenance Group, Inc.
for janitorial services at the Big Pine Key Library.
Item F40 Second renewal amendment agreement with Stockton Maintenance Group, Inc.
for janitorial services at the Key Largo Library.
Item F41 Second renewal amendment agreement with Stockton Maintenance Group, Inc.
for janitorial services at the Islamorada Library
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
SECOND RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
BIG PINE KEY LIBRARY
MONROE COUNTY, FLORIDA
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 Big Pine Key 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% for janitorial services at the Big Pine Key Library from $627.96 per month to $632.36
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.
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
Second Renewal Amendment Agreement November 22 2016
N Sec nd Renewal Amendment
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th
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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 Big Pine Key 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% for janitorial services at the Big Pine Key Library from $627.96 per month to $632.36
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.
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
Second Renewal Amendment Agreement November 22 2016
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.
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
Second Renewal Amendment Agreement November 22 2016
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470,
BRADLEY- BRIAN(&MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 111112 1H STREET, SUITE 408, KEY WEST, FL 33040.
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.
WHEREOF, the parties hereto have set their hands and seals the day and year first above
Witnesses for CONTRACTOR:
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Second Renewal Amendment Agreement November 22 2016
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