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Home My WebLink About3rd Amendment/2nd Renewal 11/22/2016KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 9, 2017 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hancoc eputy Clerk SUBJECT: Nov ember 22nd BOCC Meeting Attached is a duplicate original of Item F38 Second Renewal, third amendment for janitorial services - facilities - Marathon, Monroe County, Florida widi Stockton Maintenance Group, Inc. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File SECOND RENEWAL, THIRD AMENDMENT AGREEMENT FOR JANITORIAL SERVICES — FACILITIES - MARATHON MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of Na 1r1 /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. ( "CONTRACTOR "), a Florida corporation, whose address is 1975 Sansbury's Way, Suite #116, West Palm Beach, Florida 33411. WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial services for GEORGE DOLEZAL LIBRARY, MARATHON COURTHOUSE, MARATHON GOVERNMENT CENTER AND MARATHON GOVERNMENT CENTER ANNEX - MARATHON, Monroe County, Florida, and WHEREAS, on July 15, 2015, the parties amended the contract to provide janitorial services for additional locations, MARATHON SUPERVISOR OF ELECTIONS, MARATHON SENIOR CENTER, MARATHON TAX COLLECTOR AND MARATHON CLERK OF COURTS - MARATHON, Monroe County, Florida, and WHEREAS, on November 17, 2015 the BOCC approved the first renewal, second amendment 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, Third Amendment Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original contract dated November 18, 2014, 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 three (3) one -year terms. This term will commence on December 01, 2016, and terminate November 30, 2017. The contract amount is adjusted .7% for janitorial services 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. PAYMENTS TO CONTRACTOR, shall read as follows: A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt 1 2nd Renewal 3rd Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be as follows: ➢ GEORGE DOLEZAL LIBRARY, 3251 Overseas Highway, consisting of approximately 7,028 sf. - $650.13 /month. ➢ Marathon Courthouse, 3117 Overseas Highway, consisting of approximately 6,863 s£ - $650.13 /month ➢ Marathon Government Center, 2798 Overseas Highway, consisting of approximately 23,500 sf. - $2,166.98 /month ➢ Marathon Government Center Annex, 490 63` Street, consisting of approximately 10,000 sf. - $866.79 /month ➢ Marathon Tax Collector, 3101 Overseas Hwy, consisting of approximately 1,984 sf. and Marathon Clerk of the Court, 3117 Overseas Hwy, consisting of approximately 1,600 sf. - $707.15 /month for both facilities ➢ Marathon Senior Center, 33` Street, Gulf, consisting of approximately 2,250 sf. - $680.48 /month ➢ Marathon Supervisor of Elections, 10015, 10005 Overseas Hwy, consisting of approximately 2,139 sf. - $441.68 /month Totaling: Six Thousand One Hundred Sixty Three and 34/100 Dollars ($6,163.34) per month. 3. In accordance with Paragraph (7) 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. 2 2nd Renewal 3rd Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida 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 l 19.10, 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, 3 2nd Renewal 3rd Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470, BRADLEY- BRIAN(a)MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 STREET, SUITE 408, KEY WEST, FL 33040. 4. 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. '4ESS WHEREOF, the parties hereto have set their hands and seals the day and written. M Date: Date: jt f 2- } Z-4 G CONTRACTOR: STOCKTON MAINTENANCE GROUP, INC. Witnesses for CONTRACTOR: X44- / /// Signature Date BOARD OF COUNTY COMMISSIONERS pr f 'e. CLERK OF MONROE C OUNTY, FLORIDA IJ _ Deputy Clerk Mayor Signat re of person authorized to legally bind Corporation Date: // - /L/ 6 q /0- Pr 1Z / Pl(-" S Print Name and Title rruuress: _ „� SZtLb'�lZ� Telephone Number -r w U U 0 0)2, Wo zU- M a� W W oa 0 n- _71 t� ; - ter F �o a� a� 00 a¢ �Q 0 4 2nd Renewal 3rd Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida