Item C21Coun of Mo
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
T he Fl orida Keys
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Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: C.21
Agenda Item Summary #2544
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
None
AGENDA ITEM WORDING: Approval of Fourth Amendment Agreement with Stockton
Maintenance Group Inc. (SMG) for janitorial services at eight (8) facilities in Marathon. This
Fourth Amendment is to Correct a minor scrivener's error that occurred in paragraph 2 B. of the
Second Renewal, Third Amendment Agreement, in which the alphabetic and numeric total payment
amount to the contractor per month were inconsistent.
ITEM BACKGROUND: On November 18, 2014, the BOCC approved a bid award agreement
with Stockton Maintenance Group (SMG) for janitorial services at (4) four facilities in Marathon.
On July 15, 2015, the BOCC approved janitorial services for additional locations in Marathon to be
added to the agreement. The Facilities include Marathon Library, Marathon Courthouse, Marathon
Government Center, Marathon Government Center Annex, Marathon Senior Center, Marathon
Supervisor of Elections, Marathon Tax Collector and Marathon Clerk of Courts. On November 17,
2015, the BOCC approved the 1st Renewal, 2nd Amendment agreement. On November 22, 2016,
the BOCC approved the 2ndRenewal, 3rd Amendment agreement with a term which commenced on
December 1, 2016, and terminates on November 30, 2017. This Fourth Amendment Agreement will
correct the minor scrivener's error.
PREVIOUS RELEVANT BOCC ACTION: On November 18, 2014, the BOCC approved a bid
award agreement with Stockton Maintenance Group (SMG) for janitorial services at (4) four
facilities in Marathon. On July 15, 2015, the BOCC approved janitorial services for additional
locations in Marathon to be added to the agreement. On November 17, 2015, the BOCC approved
the 1st Renewal, 2nd Amendment agreement. On November 22, 2016, the BOCC approved the 2nd
Renewal, 3rd Amendment agreement.
CONTRACT /AGREEMENT CHANGES:
The 4th Amendment Agreement corrects a minor scrivener's error that occurred in paragraph 2 B. of
the Second Renewal, Third Amendment Agreement, in which the alphabetic and numeric total
payment amount to the contractor per month were inconsistent in the payments to the contractor.
Totaling: Six Thousand One Hundred Sixty Three and 34/100 Dollars ($6,163.34) per month,
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
SMG 4th Amendment on scriverner's error in 2nd renewal Marathon Facilities (legal stamped)
011817_Monroe 4th amend partial Exec
071515_SMG Executed _1 st Amendment Agreement add 4 locations in Marathon
111715 Executed 1st Renewal 2nd Amendment SMG Marathon Item F -30
111814 Exec Marathon Janitorial Item F -32
112216_2nd Renewal 3rd Amendment Agreement facilities partial Exec
FINANCIAL IMPACT:
Effective Date: 12/01/16
Expiration Date: 11/30/17
Total Dollar Value of Contract: 73,960.08
Total Cost to County: 73,960.08
Current Year Portion: 61,633.40
Budgeted: yes
Source of Funds: Ad Valorem
CPI: yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: Yes
Additional Details: Scriveners error agenda item from BOCC 11/22/16
01/18/17 001 -20501 -FACILITIES MAINTENANCE
$73,960.08
REVIEWED BY:
Patricia Eables
Completed
01/03/2017 4:39 PM
Doug Sposito
Skipped
01/03/2017 4:53 PM
Budget and Finance
Completed
01/04/2017 8:42 AM
Maria Slavik
Completed
01/04/2017 8:43 AM
Kathy Peters
Completed
01/04/2017 9:01 AM
Board of County Commissioners
Completed
01/18/2017 9:00 AM
FOURTH AMENDMENT AGREEMENT FOR
JANITORIAL SERVICES -- FACILITIES - MARATHON
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this day of 2017, between
MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida,
whose address is I100 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, on November 22, 2016, the BOCC approved the second renewal, third
amendment for an additional one (1) year term which commenced on December 1, 2016, and
terminates on November 30, 2017; and
WHEREAS, a scrivener's error occurred in paragraph 2 B. of the Second Renewal,
Third Amendment Agreement, in which the alphabetic and numeric total payment amount to the
contractor per month were inconsistent ; and
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the parties agree as follows:
1. Paragraph 2 B. of the Second Renewal, Third Amendment Agreement shall be
revised to read as follows:;
Totaling: Six Thousand One Hundred Sixty -three and 341100 Dollars ($6,163.34)
per month.
2. Except as set forth in paragraph 1 of this Fourth Amendment Agreement, in all other
respects, the terms and conditions set forth in the Original Agreement, as amended,
remain in full force and effect.
4th Amendment Agreement Janitorial Services — Facilities -- Marathon, Monroe County, Florida
1 PIP!
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
Attest: KEVIN MADOK, CLERK
L-A
Deputy Clerk
Date:
Witnesses for CONTRACTOR:
Signature
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LIM
Mayor
Date:
CONTRACTOR:
STOCKTON MAINTENANCE
GROUP, INC.
Date
Signature
Date
Telephone Number
MONROE COUNTY ATTORNEY'S OFFICE
APPROVEJ) AS T I R
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE:
2
4th Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida
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1. Paragraph 2 B. of the Second Renewal, Third Amendment Agreement shall
revised to read as follows: I
per month.
2. Except as set forth in paragraph I of this Fourth Amendment Agreement, in all other
respects, the terms and conditions set forth in the Original Agreement, as amended,
reiTtrain in full force and effect.
4th Amendment Agreement Janitorial Services - Facilities - Marathon, Monroe County, Florida
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FIRST AMENDMENT AGREEMENT FOR
JANITORIAL SERVICES — FACILITIES - MARATHON
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this LS D day o S uL`f 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. ( "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, COUNTY desires 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, CONTRACTOR desires and is able to provide janitorial services for
additional locations; and
WHEREAS, County desires to amend the Original Agreement Title to: AGREEMENT
FOR JANITORIAL SERVICES — FACILITIES — MARATHON, MONROE COUNTY,
FLORIDA, now therefore,
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:
1. Item 2 SCOPE OF THE WORK 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 following
facilities all located in Marathon Florida 33050:
➢ GEORGE DOLEZAL LIBRARY, 3251 Overseas Highway, consisting of
approximately 7,028 sf.
➢ Marathon Courthouse, 3117 Overseas Highway, consisting of approximately
6,863 sf.
➢ Marathon Government Center, 2798 Overseas Highway, consisting of
approximately 23,500 sf.
➢ Marathon Government Center Annex, 490 63` Street, consisting of
approximately 10,000 sf.
Janitorial Services — Facilities — Marathon, Monroe County, Florida
➢ Marathon Tax Collector, 3101 Overseas Hwy, consisting of approximately 1,984
sf.
➢ Marathon Clerk of the Court, 3117 Overseas Hwy, consisting of approximately
1,600 sf.
➢ Marathon Senior Center, 33` Street, Gulf, consisting of approximately 2,250 sf.
➢ Marathon Supervisor of Elections, 10015, 10005 Overseas Hwy, consisting of
approximately 2,139 sf.
A. Restroom Sanitation shall include the following on a daily basis:
i. All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
iii. Stall partitions damp cleaned.
iv. All commodes, urinals, basins and vanities shall be scoured and disinfected.
V. All urinal traps shall be specially cleaned and disinfected.
vi. All sanitary napkin receptacles will be cleaned, waste disposed, and
disinfected.
vii. 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 (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 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 are to include the following with the exception of the
Marathon Supervisor of Elections to be completed two days per week:
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.
2
Janitorial Services — Facilities — Marathon, Monroe County, Florida
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. Marathon Government Center Meeting Room shall be cleaned on a daily
basis including the dais and adjacent podium, desks and tables. View
glass for embedded CRT screens is to be cleaned and polished.
D. Daily Elevator Maintenance: (Marathon 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 to include:
i. All glass partitions, doors, mirrors, 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
F. Monthly janitorial services to include:
i. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves,
window blinds, etc.)
ii. All walls dusted monthly
iii. All air conditioning vents, supply and return air grilles cleaned.
G. Additional Services: (Shall be'performed once in every three -month period, and
shall be included in the bidding price.) The Marathon Senior Center floors shall
be performed on an average of once a month, evening access preferred.
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 scuffmarks 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
3
Janitorial Services — Facilities — Marathon, Monroe County, Florida
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. 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 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.
vi. Foam hand soaps that do not contain antimicrobial agents, except where
required by health codes and that meet Green Seal GS -41A standard
vii. Cleaning equipment that reduces impacts on the Indoor Environment.
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
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..
J. Personnel
i. 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.
4
Janitorial Services — Facilities — Marathon, Monroe County, Florida
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. The Contractor shall insure all exterior doors are locked while they are servicing
the building and upon their departure.
L. Janitorial services shall be 5 days a week, Monday through Friday (excluding
holidays), Service Hours shall be as follows:
Marathon Library - Anytime between the hours of 6:00 p.m. Monday,
Tuesday, Thursday and Friday, and 8:00 pm Wednesday, and completion
before the Library opening time of 9:30 a.m.
ii. Marathon Courthouse — 7:40 AM and competed by 9:00 AM
iii. Marathon Government Center — Anytime between the hours of 11:00 PM and
complete by 8:00 AM. It is imperative that trash from break rooms /kitchens
be removed Friday at or after business hours. Through coordination with the
County Representative and proper employee attire, service time can be
adjusted to normal business hours, if desired.
iv. Marathon Tax Collector — Anytime between the hours of 8:00 AM and
complete by 5:00 PM.
v. Marathon Clerk of the Court - Anytime between the hours of 8:00 AM and
complete by 5:00 PM.
vi. Marathon Senior Center — Preferred evening access and additional once a
month floor services to be coordinated with owner.
vii. Marathon Supervisor of Elections - Anytime between the hours of 8:30 AM
and complete by 5:00 PM.
5
Janitorial Services — Facilities — Marathon, Monroe County, Florida
M. Facility Security
i. Arrangements as to accessing the facilities will be coordinated through the
County's Representative. Issuance of necessary keys and other procedures
will be arranged after award of contract. Written confirmation of receipt of
keys shall be signed by the Contractor. The Contractor shall be responsible
for which employees shall be assigned keys and the return of all keys
immediately upon termination of contract. Contractor shall report
immediately any loss or misuse. 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. The Contractor shall insure all exterior doors are locked while they are
servicing the building and upon their departure. 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 Facilities Maintenance Department.
N. The Contractor shall provide all 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 CONTRACTOR1 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
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:
6
Janitorial Services — Facilities — Marathon, Monroe County, Florida
➢ GEORGE DOLEZAL LIBRARY, 3251 Overseas Highway, consisting of
approximately 7,028 sf. - $640.49 /month.
➢ Marathon Courthouse, 3117 Overseas Highway, consisting of approximately
6,863 sf. - $640.49 /month
➢ Marathon Government Center, 2798 Overseas Highway, consisting of
approximately 23,500 sf. - $2,134.83 /month
➢ Marathon Government Center Annex, 490 63` Street, consisting of
approximately 10,000 sf. - $853.93 /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. - $696.66 /month for both facilities
➢ Marathon Senior Center, 33` Street, Gulf, consisting of approximately 2,250 sf. -
$670.39 /month.
➢ Marathon Supervisor of Elections, 10015, 10005 Overseas Hwy, consisting of
approximately 2,139 sf. - $435.13 /month.
Totaling: Six Thousand seventy -one and 92/100 Dollars ($6,071.92) per month.
3. TERM OF AGREEMENT shall read as follows:
This Agreement shall commence on August 1, 2015 and ends upon November 30, 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
three (3) 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 and shall be based upon the
CPI -U computation at December 31 of the previous year.
5. NOTICE RE III EMENT shall read as follows:
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY
Monroe County
Facilities Maintenance Department
1100 Simonton Street
Key West, FL 33040
and
County Attorney
Janitorial Services — Facilities — Marathon, Monroe County, Florida
FOR CONTRACTOR
Mr. Michael Woodson
1975 Sansbury's Way
Suite #116
West Palm Beach, FL 33411
7
PO. Box 1026
Key West, FL 33041 -1026
6. 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
Date:
Signa°
Date
HEAVILIN, CLERK
/1515
BOARD OF COUNTY COMMISSIONERS
OF MONZQ E COUNTY, FLORIDA
By:
Mayor
Date: r
D e) PLC 5
Print Name and Title
Address:
"1'elcpho'ne Number
Janitorial Services — Facilities — Marathon, Monroe County, Florida
FIRST RENEWAL, SECOND AMENDMENT AGREEMENT FOR
JANITORIAL SERVICES — FACILITIES - MARATHON
MONROE COUNTY, FLORIDA
This Agreement is made and entered into thi day of nlu,'11 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. ( "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, the parties have found the Original Agreement to be mutually beneficial;
and;
WHEREAS, the parties have found the First Amendment Agreement to be mutually
beneficial; and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this First
Renewal, Second Amendment Agreement; now therefore
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:
1. 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 01, 2015 and terminate November
30, 2016. The contract amount is adjusted .8% 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
I 51 Renewal 2 nd 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. - $645.61 /month.
➢ Marathon Courthouse, 3117 Overseas Highway, consisting of approximately
6,863 sf. - $645.61 /month
➢ Marathon Government Center, 2798 Overseas Highway, consisting of
approximately 23,500 sf. - $2,151.91 /month
➢ Marathon Government Center Annex, 490 63` Street, consisting of
approximately 10,000 sf. - $860.76 /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 s£ - $702.23 /month for both facilities
➢ Marathon Senior Center, 33` Street, Gulf, consisting of approximately 2,250 sf. -
$675.75 /month.
➢ Marathon Supervisor of Elections, 10015, 10005 Overseas Hwy, consisting of
approximately 2,139 sf. - $438.61 /month.
Totaling: Six Thousand One Hundred Twenty and 50 /100 Dollars ($6,120.50) per
month.
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
i t-a b ove written.
BOARD OF COUNTY COMMISSIONERS
VILIN, CLERK
Date:
lerk
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1 Renewal 2 nd Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida
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I" Renewal 2 nd Amendment Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida
AGREEMENTP I OR
JANITORIAL SERVICES — FOUIR FACILITIES- MARATHON
NIONROE C OUN FLORIDA
I'l is nrade and entered into this Oth day of'Novernber 2014, between MONROE'
Z.- -
COUNTY, F1,010DA (' a r)(flitical SLIbdivIS4)11 01' the State of I-dorida, whose
address is 1100 Simonton Street. Key West, F] orida 33 040, and S'I'()(.-'K MAINTENANCE
GROUP, INC, ( a Floriclu corporulion. wi-iose address is 1975 SansbUrz 'S
Way, Suite it] 16. West Palm Beach, Florida 3,341 1.
W11EREAS, C()d INTY desires to provide janitorial sm ices l'or GFORGF DOLEZAL
LIBRARY. MARATHON COURTHOUSE'. MARATHON GOVERN,\14ENT (T"N't'll"R AND
MARA11ION GOVERNMEN1 C'FNTFR ANNEX -- MARATHON, N40nr0e COUMV, Florida,
,:and
WHEREAS, CONTRACYOR desires and is able to provide ja,iiitorlal services to
GFORGE DOLI LIBRARY. MARATI ION (j) t -1 RTIJ 0 1, J S L', M A TI I ON
GOVEIRNMFNT C'FINTFR AND MARATHON (AWFRNMENT CFNTFR ANNI-A -
MARATI ION, Monroe COUntV, Florida. and
WHE'REAS, it serves {a legitimate PUbIiC purpose COr ("ONTRAC"I'OR to provide
Janitorial services to GEORGE, DOITYAL LIBRARY, MARATHON COIJRTHOIJSE
MARATHON GOVFRNMFINT (TINTFR AND MARATHON G0VI.'RN1`vIFN'I C NTFR
ANN I A - MARATI ION, Monroe COUntV. F lorida nm, therel'ore.
IN CONSIDERATION ot''the 1111-Itual promises and covenants contained 1 it is
agreed as lbllmw
rJ111 EA(...REEME'NT
The Agreement ConSiStS OfthiS (R)CUrnent, the hid dOCUrriclits. exhibits, chaxi�e orders and
any addenda only.
2. SC1'0PE OFTHE WORK
The Contractor shall furnish janitorial service, including all ncccssar\ SUPplies,
equipment. and safety devices required in the perl'Ormance of sarne, l the following
11.1cilities all located in Marath()Irl Florida '1305W
GFOR(IFI)OLL/Al. LIBRARY, 3251 Overseas llighvvm, consisting of
approximately 7,028 st'.
Marathon (' 31 17 ()xcrscajs Ifiginvay, consisting 4 approximatel\
Marathon Government Center, 2799 Overseas IfighwaN, consisting of
approx niately 2 st',
Marathon Government ('enter Annex. 490 63" Street, consisting of
,,1pPr0Nin18tCI% 10,000 SE
Janitorial Services I'OUr FaCihti(N - Mffl-ati-1011
A Restroom Sanitation shall include the following on a daily hasis.
i. All Floors s\,vept. loose dirt removed.
iL Wash and disinfect floor
Iii, Stall Pailitioris damp cleaned.
1v. All commodes. urinals. basins arid vanities shall he, scoured and disinfected.
All urinal traps shall he specially cleaned and disinfillcled.
vi. All sanitary napkin receptacles will be cleaned, waste disposed, and
disint'ected,
v ii. Mirrors shall be cleaned and polished
v All supplies shall be rcplejushcd (paper goods, soap. etc.),
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ix All other work necessary to nlaintain a clean and sanitary condition in these
restroonis shall be acconlplished. vkhether it Is specificall rioted In these
specifications or not.
B� General Office leaning (mo Barnes per week)
i. Tile floors - dust rnopped and/or daillp inopped
it. Furniture arid Fi.trinshinus - Dustcd and spot cleaned
iii. Low led es. sills. rails and haseboards dusted and spot cleaned
t�
iv . Trash and recycle conlainers erriptied and liners changed
N" All carpeting 41 , shall be vacuumed with a powerful Iff"I'A vaCUL1111. Sarah as
the Oreck. Carpelifi shall be spot c-.1caned.
General Cleaning of PL1l)liC Areas,, I fallways, Break Rooms and Kitcheris shall be
completed Clady. arid are to include the f'ollowing:
L All the floors are to be dust rnopped and spot cleaned
ii. All fUrnitUl and furnishings to be dUsted ari(J spot cleaned.
ill. Low led,(. sills. rails, tables. shelving. baseboards. etc. to be wiped voth
a damp cloth to reduce the amOUnt of dust in the building.
iNI. All trash receptacles emptied. and trash can liners replaced.
V, All Upholstered furniture to be vacutrilled.
V I. All carpeting and entry mats shall he vaufflined with a powerful I IFPA
VaCriUrn, such as the Oreck,
i 1, All sinks and watcr fountains outside the restrooril areas are to be cleaned
daily. Water I'OUntains are to be polished periodically,
viii. FIxterlor of refr igerators. stoves, inicrowaves, cabinets and counter tops
are to he clearied
ix, Marathon Governi'vient Center Meefing Room shall lie cleaned on as dall"'
baaSiS H the dais and ad pochUm. desks and tables. ViexN
glass for eynbedded CRT screens is to be cleaned arid polished.
IX Dally FIevator Maintenance (Marathon Government ('enter')
Clean arid disini'ect car walls, holding bars and push buttons
Ii. VaCUUM and danip nrop floor
Janiuvi',11 SerViCeS 1 01,11 VclditiCS - Marathon
iii. VLICUUm door track
1\1 Clean and polish interior Lind extcrior ofelevator doors
Weekly Janitorial Ser to InClUde:
E All glass partitions. doors, nri•rors, vviraclravvs, etc. to be cleaned and/or polished
Obvious sc u firri arks shall be removed from resilient flooring"
HL All cloor vents cleaned.
All door handles, exit devises, push plate�., and pull plates shall be cleaned
with a disint eta nt wipe,
V, Water fountains are to be polished.
vi, 'I'lle I'loors are to be damp or steam mopped
N/Ionthl\l Janitorial services to inclt.idc
i. All hig h dusting, pictui frM op - cs, door nes, , ur vents, lops of book shelves.
,
window blinds, etc.)
ii. All walls clusted monthly
Iii. All air conditioning vents. SUppl,y and rcturn -in grilles cleaned.
G Additional Services: (Shall be peri"Ormcd once in every three-month period, and
shall be included in the bidding price.)
i, Resilient Flooring sNAll be swept/dust rnol:)ped and stripped, After
application of three coats of - wax, areas shall be bl_111ed sufficiently for
maximurn gloss an(] U111101111 SheCn, h'0111 warn to Wall, including corners.
Fhc waxed floor shall present as clean appearance free from scul"I'marks or
dirt smears. Furniture and; /or other cquiprne rnoved during i'loor stripping
,arid waxing sluoll be retUrned to their original positions,
i, Dry Cleaning, Stearn (."leaning. or Shunpooing ("arpets and Rugs shall be
vaCULlined of all loose soil and debris t)ricyr to cleaning arid shall be free of
streaks, stains and spots, and shall have a bright uniform color upon
completion of cleaning' steam clea ning or shampooing, Carpet cleaning
ffierhods and p roduc. are t be coordinated with the Countv*s
Representative.
It, Contractor agrees to LISC and provide documentation for whole-bUilding cleaning
and rnainteriance practices, using:
1, SUStainable clearitrig chemicals (non-di sin t'ecting) -
that meet tl ic
requirements ot'Green Seal "s GS 37 aricl/or ETA's Design liar FInvironment
prograrn,
it. Micro-fiber wipes, dUSt cloths and (ILISt MOpS in place of paper wipes and
where paper prodUCts are Used. InClUding hand towels, use o(` products that
contain at least 30 ,/0 recycled content arid are reo
Floor care products (finishers arid sealers} shall be dUrlble and slip resistant
and the finish shall be free of zinc (metal-Tre.e) or shall meet the
requirements ol'Green Seal's GS-40 and/or knvironryiental Choices CCD-47
and/or I?TA's Design for the environment prograni.
Carpet care products shall nicet the requiretnerns of' GS- 37 and/or 1 49
Janit(,)rial Services FOU]" Facilities Marahoii
Proper training of Contractor's personnel in the hazards. Use, Maintenance
t�l
and disposal of cleaning chernicals, dispensing eqUipment and packaging.
* 1, Foarn hand soaps that do not contain antimicrobial agents, except where
recItilred by freafth codes and that rricet Green Seal GS-4 I A standard
vii, Cleaning equipment that reduces impacts on the Incloor Environment,
Supervision and Inspection of' Work,
Sufficient supervisory personnel shall be pro\ Rled arld systematic inspection
will be conducted by the Contractor to ensure that all services are properly
perl'ori as specified. Fo ensure that any problems that mav arise will be
taken care of proirlptly. the Contractor will maintain a twenty -Rout h0Ur
telephone contact seven days per week fi)r the receipt of any complaints
a
rid/or addressing, arv� issues.
iL Random inspections shall be performed by COUnty Representatives fi-om the
Public Works/F'npJnccl'lrll,' Division ladn-linistering the contracts.
Deficiencies shall be corrected within at twenty-Cour (2 4) hour period of
notification to the contractor. Fallure of' fl-le contractor tO Correct such
clef ic.iencies shall result in prorated deduction from the monthly invoice.
J, Personnel
Contractor ernployees must consent to background checks. The County
reserves the right to refuse personnel based on reSUltS of' the hackgrOUnd
check, The ('01,1111y reserves the ri to demand of the Contractor
replacement of an employee f'Or the Contractor if a corillict or problem with
that employee should arise, The Contractor will be responsible for the
Supervision, hiring . and firing of their ovvir employees and shall be solely
responsible Cor the pay. worker's compensation il'ISUrance and benefits.
H Cornmunication bi tile COUnty Representative and tile cleaning
personnel is very important. Therefore., the ("ont.ractor ITILIst assure that at
least one cleanino personnel per building can COIl-lloUniCatC well "'Ith the
Count v Represcritative, Any employee hired by the Contractor will be the
Contractor's erriployee and in no vN has any association NA,ith the COUrnV.
'file Contractor shall insure that its employees are trained in all appropriate
satety regulations including but not limited to, OSILA reLlUlatlons and all
other local, State and Federal regulations.
iii. I-Indorms are pretcl for custodial personnel however, photo identification
cards are required, which shall clearly identify personnel as erriployces ofthe
This reClUirenicilt shall apply
contractor. Upon entering COLIFItV properly and
at all time xvIlIle on ch-rty
K 11 the Contractor shall insure , jIl exterior cloors are locked while thev are ser
the buildin(41 and UpOrl their departure.
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Jallitol-i,ll Sel FOLW Facilities - Marathon
I_ Janitorial services shall he 5 clays a week. Monday thrOU6111 J.'rickiv (CXCIUcfin�,
holidays), Service I fours shall be as t`61lows:
Marathon Libraxy - Anytime he.tween, tile hours of 6:00 p.ri), Monda ' y.
TUesday,, ThUrsdav and Friday, and 8:00 pin Wedricsday, and completion
before the Library opening tirne ot'9:30 a.ni.
ti. Marathon Courthouse 7:40 AM and competed by 9:00 AM
iii, Marathon Government C'enter jN-nytime between the hOLJT Of 11:00 I'M and
complete by 8:00 AM It is imperative that trash from break roorns/kiteliens
be removed Friday at or after business hours. Through coordination with the
County Representative and proper e.rnplovee attire, service time can be
adjusted to nornial business hours, it'desircS.
k Marathon Goverrurient ("enter Annex - Anytirne het�,veen the hours of 6:00
PI" and complete by 9:00 AM� It is imperative that trash From break
rooms/kitchens be removed 1 riday at or after business hours. Through
coordination with the ('01-111tV Representative and proper eiriployce attire,
service time can be adjusted to normal business hours, it'desired.
M, Facility SeCUI-it)'
Arrangements as to accessing the t'acilitics will be coordinated through the
County's Representitive. Issuance of necessary keys and other procedures
will be arranged after award ofcontract, Written confirmation ()] of
keys shall be signed by the Contractor. Fhe Contractor sh he responsible
for vvtuch employees shall be assigried keys and the return Of all keys
firimedi,ttely upon termination 0 contract, Contractor shall report
immediately any loss or rnisuse, In the eve keys are T101 returned and/or
duplication of' keys, rekeying ()I' locks or lock replacerrient is required
because of' contractor's loss or misuse, Contractor shall promptly reirriburse
the Courity J'or any iricurred cost. Contractor will not he allowed to duplicate
keys
H Fhe Contractor shall insure all exterior doors Lire locked while they are
servicing the building and upon their departure, All doors found locked
sh0LIId be left locked, Security ofthe bUilding 511,111 he the responsibility of'
the Contractor during the designated cleaning service, Absolutcly 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 ofT lights except thosc designated by the COUntv'S
Representative to he left on.
Ili. The Contractor shall report any problems regarding open doors and/or
vandalism to the Fac.i I i ties Maintenance Departri
N. 'I he Contractor shall provide all supplies, tools said equipment necessary Im the
I -
cleall r)crf'ormancc of' his work Under the coritract. All SUppliCS, il'ICIUding but
not limited to, hand soap, pz tov, toilet paper. ano] trash can liners, shall be
supplied bV the Contractor, Restroorris are equipped vvith the Bay West toilet
Janitorial Set Foui Facilities - IMa•athoti
paper dispensers. Soap and paper toAel disjlenscr are Renomi. The County can
supply additional dispensers Lit' like kincl ars needed. The contractor shall maintain
stock in each t1acifity iri an arriOUnt sufficient to last through the next cleanino day.
3. PAYMENTS TO CONTRACTOR
.... . .. ......
A COUNTY'S perlorniance and obligation to pa\ Under this agreement. is
contingent upon annual LIPPI by the Board 01' COUI Commissioners,
COUNTY shall pay in accordance "ith the Florida Local Go�erriment Prorript
Pavinent Act pay ment will be made. after delivery and inspection by ("OUNTY
Lino] U11011 Submission ot'a proper invoice by CON I' - RAC I'OR.
B. CONTRACTOR shall submit to (J) U! NTY iw, oices "Ith SUPPOrting
documentation acceptable to the Clerk, oil a monthly r schedule in arrears,
/\cceptability to the Clerk is based on generally accepted accounting, principles
and such lava;, rules and reQUIations Lis may govern the ("lerk's cliSbUrsal ot'I'Linds.
1 Contract amount shat be Lis stated by the CONTR.-NC` YOR's bid as f'()Ilo\ks:
were Thousand two hundred sixty-nine and 75/100 Dollars (S4,269.75) per
month,
4. 'FERM OFAGREEMENT
I'his Agreement shall comirience on December 1. 2-014 and ends upon November 10,
2015, unless terminated earlier Wider parai,-Traph 18 ot'this Agreement:.
The COUNTY shall have the option to rene�\, this Agreement tor Lip to) an additional
three ('3) one year periods at terms and conditions Mutually agreeable to the parties,
exercisable UpOu written notice given at least 30 days prior to the cold cal` the initial term.
t , Inless tire context . clearly indicates otherwise, references to the "term" ol'this Agreernent
shall mean the initial term of'one 0 ) ycai%
['he ('ontract arrror.ant rnav be aL(JjUsted arinualIN in accordance with the percentme change
in the U.S, Department of' Cornmercc ConSLIMer PfiCe Index Im all Urban
Consumers as reported b� the U.S. Br.ireaLl of 'Labor Statistics and shall 1- based upon the
CP[-U computation at December 31 ol'the prek ious year.
A - 'EPTANCE OF CONDITIONS 13Y CONTRAC"FOR
CC
CONTRACTOR has. and shall maintain thrOUQfiOUt the terul of this Agreement.
1 1
appropriate licenses. Proof (,)I' such licenses and appro- shall be Submitted to the
CW JNTY upon request,
6. FINANCIAL RECORDS OF CONTRACT'OR
CONTRACTOR shall maintain all hooks. records, and doCUnrents directly pertinent to
perl'ormanCe under this Aoreement in accordaricc with oenerally accepted aCCOLIntinill
principles consistently applied. Fach party to this Ag.reernent or their authorized
representatives shall have reasonable and timely access to such records of' each other
party to this Agreement Ior pUl records purposes during [fie tearer of the Agreement and
I'm l'our Nears following the tcri of'this Agreement. It'an auditor ern loved by the
p ,
CO t IN IN o Clerk Lictcrinines that monies paid to CONTRACTOR pursuant to this
Aoreernerit \N ere SPCIlt 1`0 r J)Urposes not authori/.ed by this , 'Oorccnlent, the
6
fanitorial ServiCeS FOLW FUllitieS - Ma11-aIOIMI
CON FRACTOR shall repa% the morn es together with interest calculated pursuant to Sec.
55MI, FS, manning from the date the mcmics were paid to CONTRACTOR,
7 PUIBLIC AC,CESS
PLU•Silant to Florida StatUte § 119,070 1, Contractor and its subcontractors shall comply
With all PUblic records laws oFthe State ot'Florida, including bon not firnited to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe COLUIty in the performance ol'this Agreement.
(b) Provide the public Nvith access to public records on the san terms and
conditions that Monroe County would pj the records and at as cost that does
rmit exceed the cost provided in Florida Statutes, Chapter I lo) or as otherwise
provided by la�k%
(c) krisure that pUbfic records that are excnipt or confidential and exempt 1rom
pUbHC records disclosure requirements arc not disclosed except aS -,ILItIIOI by
(d) Meet all reClUirerricrits for retainino public records and transt cit no cost, to
Monroe C'ounty all public records in possession of the contractor upon
termination of this Agrect and destroy any duplicate public records that arc
exempt or confidential and exempt 1rorn public; records disclosure requirements.
All records stored electronically must be provided to Monroe County in a lormat
that is compatible with the nrlormation technology systerns of'Monroe COLIIIP-v.
The COLHIIV shall have the right to Lill ila.teraliv cancel this Agreerneril upon violation of'
this proN, by Contractor.
8. HOLD IIARMI,ESS AND INSUIR (,J,
Notwithstanding any rninimurn insurance requiren'tents prescribed elsewhere in this
agreernent, Contractor shall def"end. indemnik and hold the (,'O(-'N'IY and the
COUNTY's elected and appointed offlicers and employees harn Frorn and against (i)
any claims, actions or causes of actiori, (6) ariv litigation. administrative proceedings,
appellate proceedings, or officr proceedings relating tea any type oC injury (Including
death), loss, darn age., title,, penalty or business interruption, and (iii) any costs or expenses
that inm be asserted against, initiated with respect to. or sustained by, any indemnified
party by reason of'. or in connection �, ith. (A) anv activity oCCONTRACTOR. or any of
its ertiployecs, agents, SUb-contractors or other invitees durilm, the terrn of this
AGRFEMENT, (13) the neeligence or Willful 1 ot' CONTRACTOR. or any of
its employees, agents, sub-contractors or other invitees. or (C) CONTRACTOR's de atilt
in respect of any of' ttie obligations that it Undertakes under the terms of this
AGRII'll-ME'NT. except to the extent Ille claims, actions. causes of action, litigation.
proceedings, costs or expenses arise 1rom the intentional or sole negligent acts or
ornissions ot'Ific COUNTY cir anv of its emplovees, aLllents, contractors La invitees (,other
thari (I IONTRACTOR). Insoffir as the claims. actions, causes of' action. ljti(4atI()n,
proceedings, costs or expenses relate to events or circurnstaLices that occur during the
term (W this AGREF MENT, this section mill surxive the expiration of' the term of' this
AGRL.FMFNT or any earlier tcrinination ot'llils AGRFFMI
The extent ol' liability is in no vvm hurried to, reduced, or lessened by the 41SUrance
reqUiren contained elsewhere �Arthlrl this af,4reerrrcrit. Failure of' CONTRACTOR to
corripl with the reClUirements ol'this section shall be CcLUSe Cor immediate termination of
this a
Jariitoris,d Services FOL11 l - Nibi-whom
Prior to execution of' this agreement. CONTRA(:."TOR sliall l'urnish the COUNIN
Certificates of Insurance indicating the rriinnnum cm limitatioris in the following
arnounts�
WORKERS COMPINSATION AND U.MPLOYFR'S HA1111,11Y INSURANCT', IA/here
applicable. coverage to apply for all ertiployees at as nitnuriurn statutory limits as required by
I'lorida La \,N. III addition, the CONTRACTOR shall obtain L;'mplowrs' Liability Insurance with
limits of' not less than S111(L002.0-002 bodily in by accident., S500,000.00 bodily 11ljtlry by
disease, and S100,000.00 bodily injury by disease, each employee.
COMPREllf AUTOMOWLE VVIII(TF LIAMLITY INSURANCT". Motor vehicle
liability Insurance, including applicable no-1,aLdt COVCM !C, With hirnts of'liability ot'not less than
100,000,00 per occurrence. combined single hrriit f(.)r Bodily Injury Liability and Property
Damage Liability. II` single limits are provided., the mininiurn acceptable limits are SLo().)() ).. ( )(
per person, S30
erage shall
0(� 50, 00 property damage. Cov
(LOO per occurrence. and S 0 00,
include all owned vehicles, all non-owned vehicles, and all hired vehicles,
COMM11WIAL (A LIABILITY, Cornmercial general liability cok/crage with limns of'
liability 0I' not less tf 5300,000,00 leer occt.irrencc combined single limit Im 13odik: Iqlur\,
Liability and property Damage I.iabilitN,.
The Contractor shall purchase and maintain, throughout the term ol'the contract. FMPLOYI ,E
DISHONI'STY INSI-JRANCY'. in the minin aniount oC$10,000.00 per Occurrence �,0iich \,\.ill
pax for losses to County property Or inn -Iney caused by the 1raudulent or dishonest acts of the
('(41tracLor's employees or its agents, whether acting, alone Or In C011USIOn of others.
MONROE COUI.NTY Ba4RD OE COU"AITY COUIVIISSIONERS MUST BE NAMED
ADDITIONAL LIVSURED ONALL POLICIES EXCEPT WORKERS COMPEASATION.
(A Of` INSURANCF.
Original Certificates Of' 111SUrance shall be provided to the C'01, WIN , lifteen (15) days of
the award of" 13id and certified copies provided it' re(jUested, leach policy certificate shall be
endorsed with a provision that not less than thirty (.30) calendar (hays' written notice shall be
provided to the ("OUNTY before any policy or coveroigc is canceled or restricted. The
underwriter Of' Such insurance shall be qualifieci to do business in the State of I'lorida, Monroe
County shall be narned as an additional insured on the Vehicle Liability and Commercial Gcrieral
Liability insurance. If' requested by the County Adninlistrator, the insurance covetw,w shall be
primary HISUrance with respect to the (.'OUNTY, its olTicials. employees. agents and voluxiteers.
9. N ON-W'A IVER OF I MM U N ITY
Notwithstanding the provisions of See, 768-28,, Floridai Statutes, the participation of'
COUNTY and C "ONTRAC "TOR in this Agreen and the acClUisition ol'any corninercial
liability inSUrance, coverage, sell'-insurance coverage. or local government liability
insurance pool coverage shall not be (Jeetried a wa. of' Immi-IrlitV to the extent of'
liability coverage. nor shall any Agreement entered into by the (,'01'NTY be required to
Contain anv provision lor waiver,
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J.11 Set FOUT' Ficifities , klarathmi
10. 1 NDETEN DENJUCOWRACTOR
At all times and for all purposes t,indcr this agrt-en CONTRACTOR is air independent
contractor and not an en of the Board 01' COUJIII� Commissioners of Monroe
County. No statement contained in this agreernent shall be construed so as to find
(_'ONTRA("TOR or any of' his employees, subs, servants, or agents to be employees of`
the Board of County Commissioners of Monroe COUnty,
11. NON DISCRIMINATION
CONTRACTOR agrees that there will be no discrimination a )n. and it Is
L_ , nist any pers(
eXprCSSly Understood that Upon a determination by a court of competent jurisdiction that
discrimination has occurred. this Agreement aUtornatically terminates WithOL11 arty' further
action on the part of' any party , effective the date of' the court order. CONTRACTOR
agrees to cotriply with all Federal -and Florida statutes, and all local ordinances, as
applicable, relating to noindiscrimitiation. These Include but are not limited to: 1f Title
VI of' the Civil Rights Act of 1964 (1 88-352) �vhich prohibits discrimination on the
basis of` race color or national origin. 2) Title I X of` tyre FIducation Arricndirient of" 1972,
as amended (20 (..IS(,.' ss, 1681-168.'11, and 1685-1686), which prohibits discrimination on
the basis of'sex. 3) Section 504 ofthe Rehabilitation Act of' 1971. as aniended (20 USC s.
794). vvinch prohibits discrimination on the basis of handicaps, 4) The Age
Discrimination Act of 1975, as amended (42 t1 C` ss. 6101-6107) ,\ prohibits
discrimination on the basis of"age: 5) The Drutg , '�bLlSe Office and Treatment Act of' 1972
(PL 92-255). as arywricled, relating to nondiscrit on the basis of' drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention. freativient and
Rehabilitation Act of 1970 (1 91 -616). as amended, relating to nondiscrimination on the
basis of alcohol abtise or alcoholist 7) The Public I leolth Service Act of 191 2. ss. 523
and 527 (42 t,JSC ss, 690dol- and 290ce-3), as arneridedm relating to confidentiality of
alcohol and drUg abuse patient records; 8) Title Vill ofthe Civil Rights Act of' 1969 (42
USC s. et seq,), as arriended, rclarin� to non disc ri ni inatiori in the sale., rental or financin()
OHIOUSing, 9) 1 he Americans �,vith Disabilities Act of 1990 (42 1, ISC s, 1201 Note), as
maybe amended frorn time to time, relating to nondiscrimination on the basis of
disability, 10) Any other nondiscrimination provisions in any Federal or state stattites
which may apply to COUINTY and CONTRACTOR to, or the ;uf�ject matter of" this
Agreenient.
12. ASSIGNMENT/StjBCONTRACT
C'ONTRAC'TOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of' tire Board of County
Commissioners ol'Monroc COUntv and CONTRACTOR. which approval shall be SUb
to SUCh conditiorus and provisions as the Board may deeni necessary. ']'his paragraph
shall be incorporated 1. reference into any assig)nrnelt or subcontract and ariv assignee or
subcontractor shall comply with all of the provisions of this agreement, I.Jilless expressly
provided I'M therein. such approval shall in no n or event be deemed to impose any
additional obligation upon the board.
1
13. COMPLIAM WITH I,AW AND LICTNSE REQ!J!j!IHMIjNj��
In ro
queeniera, (,'ONTRACTOR shall abide
pviding all se rvice s"g oods pursuant to this , Ti
bv all laws of the Federal and State governi ordinances, rules and reaulations
pertaining to. or reoulatinp, the fM Of, such services, including those now In effect
E
Janitorial Services Four Facilities - Minithori
and hereinafter adopted. Conipliancc with all laws inclUdeS, hUt is not hirlited to, the
i lilt, I'llgrat i oil laws of the 1'ederal and State governn Any violation of' said SUIALItes,
ordinances, rules and regulations shall conStiftltC as material breach «f' this agreement and
shall entitle the Board to tern this Agrect CONIRACTOR shall possess
proper licenses to perlorm work in accordance with these specifications tlll the
tertil ofthis Agreerneril,
14. DISCL0SLjRE AND CONFLICT OF INTEREST
CONTRACITOR represents that it, its directors, principles and employees. presently have
it(.) interest and shall ac(jUire no interest, either direct or indirect, which WOUICI conflict. in
any manner with the perl'onriance of' services re(JUIred by this contract. Lis provided in
Sect. 112,311, et, seq., I'lorida Statutes. !N I agrees that officers and crnploxees of'
the COUNTY recognize and be required to comply with the staridards oil' conduct for
pUblic officers and employees as delineated in Section 112,313. Florida Startltes,
reoardim-), but not limited to, solicitation or acceptance oi' gi fts: doing business with one's
a_LICIICV' Unauthorized compensation- MiSLISC of' public position, conflicting ernployinerit .
or contracti,tal relationship and disclosure or use ofeertain information.
[_ 'Poll
eXeCUtjon of this contract. and thereafter as changes rriav require. d
CONTRACTOR shall nouk; the COUNTY of any financial interest it rnay have in any
and all progyrarns in Monroe County which the C ONTRACTOR sponsors. endorses,
recommends, supervises, or requires 1�6r counselin,
assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute. as as
condition offirobation, or is provided oil as Voluntary basis.
C'OUNTY and CONTRAC VOR. warrant that, in respect to itself, it has neither employed
nor retained an company or person, other than a bona l"ide employee working solely for
it. to Solicit 01' SeCUrC this Agreement and that it has not paid or agreed to pay any person,
company. Cori. individual, or firm, other than as bona tide err ployee working
solely, for it, aw, I'ce, commission, percentage, g or other consideration contingent
upon or resultirw from the award or making of this Agreement, U`or the breach or
violation of the provision, the ('ONTRAC"YOR agrees [hat the (-'()(.,"N'I'Y shall have the
right to terminate this Agreenlent Without liability and, it its discretion. to otTset fron
monies o' red, or otherwise recover, the I'Lill amount of such fee, co,murnssion. percentage,
gill, or consideration,
15� NO I OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make, it a i-Itlarantor of'
paynient or surety for any contract, debt. obligation, jUdgment, lien, or any forill of'
indebtedness. C'ONTRACTOR I "Orther warrants anal represents that it has no obligation
or indebtedness that would irripair its ability to fulfill the terms ofthis contract.
16. NOTICE REQL)Y IRE MENT
Any notice required or permitted under this agreernerit shall be in writing and hand
delivered or mailed, postage prepaid, tea the other party by certified mail, returned receipt
requested, to the following:
FO R ('0 Li NTY: I '() R NTRA f0 R:
Monroe Count Mr. Michael Woodson
Janitorial Services C ur Facilities - Marathon
I acilities Maintenance Deparfirient 1975 Sa,nsbUr),'S \A/ay,
3583 SOLAII Roosevelt Boulevard Suite - 4 l 16
Ke West, F 1, 31040 West Palin Beach. Fl, 3341
and
County Attorney
1 Box 1026
Key West, 14, -3�')041-1 026
INFEWM
COUNTY is exerript 1'rom payment of Florida State Sales and Use taxes.
CONTRACTOR deal[ not be exempted by virtue of'the COUNTY'S exemption ti
paying sales tax to its suppliers for materials used to fnItill its obligations under this
contract, nor is CONTRACTOR aUthorized to tose the (-'()I,-:N'I'Y'S Tax Fxeniption
Nurnber In SCCUring Such materials, C'ONTRACTOR shall be responsible for any and all
taxes., or payments ol'withholding. related to services rendered under this agreement.
18. TERMINATION
a. The C IOLINTY may terminate this Agreement Nvith or vvithout Cause prior to the
corninencernent of vork.
b. The COUNTY or CONTRACTOR may tenninate this Agreement R,a cause with
seven (7) days notice to CONTRACT(k CaUSC shall constitute a breach of the
obligations of either party to perl"Orm the obligations enurnerated under this
Agreement,
c. Fither of' the parties hereto may cancel this agreement Wh,1101-u Cause by giving the
other party sixty (60) days writfen notice of' its intention to cfca so with neither part-
having any tLirther obligation under the terns s ol'the contract upon termination.
19. GOVERNINGLAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreeirient shall be governed by arid construed in accordance with the laws of" the
State of'Florida applicable to Agreements made and to be peribri entirely in the State.
In the event that an cause of action or administrative proceeding is institUted for the
enl'orcernent or interpretation of' this Aoreement., the COLINTY and ("ONTRACTOR
agree that venue Nvill lie in the appropriate COUrt or before the appropriate adnnin strati' ve
body. in Mortroe ("ounty, Florida.
20. MEDIATION
The COt-INTY arid (I)N` RACTOR agree that, in the event of`conflictin interpretati(MIS
of the tern or a term ol'this Agreement by or between any of there the issue shall be
Su bmitted to mediation prior tea the Institution of ativ other administrative or legal
proceeding, Mediation proccediri initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of"Ovil Proc arid USUal arid customary
procedUres required by the circuit court of'Monroc County,
Janitorial Services Votir Facilities - Marathon
21. SEVERABILITY
It' any term. covenant, condition or provision of' this Agreernerit (or the application
thereof' to any circumstance or person) shall be declared invalid or rinenibrecabic to any
extent by a COLIN of competent Jurisdiction, the remaining terms. covenants, conditions
and provisions of" this Agreement, shall not be afTected thereby- and each remaining term,
covenant, conditiori and provision of' this A(,.jeernent shall be valid and shall be
ent'orceable to the I'Lillest extent pertnitted by law unless the entorcerrient of"the rerm.,uning
terms. covenants, conditions and provisions of this Agreement WOUld prevent the
accon of the original intent of' this Agreernent, The U01 INTY and
C0NTV,A(-1'T()R agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent ol'the stricken pro\,ision.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that In the event any cause of' actIC111 or
achriinistrative proceeding is initiated or defended by any party relative to the
cril'orcentent or interpretation ol'this Agreement. the 1, party shall be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
PLIV its OWI COUrt costs, investigative, arid OUt-Of'-pocket expenses whether it is the
prevailing party or not, thrOUgh all levels ol'the court systern,
23. ADAJDICATION OF DISPI JTES OR DISAGREEMUATS
COUNTY and CONTRACT01Z agree that all disputes arid disq.),reernents shall [)e
arterripted to be resolved by meet and confer sessions between representatives of'
COLATY and CONTI�A(-`R,W. It' no resolUtiOrl can be agreed upon Nvithin 30 days
after the first nicel arid cont'er session, the ISSUe Or issues shall be discussed at a public
meeting of the Board of Corru If the ISSLie or iSSUes are still not
resolved to the satisfaction of.'COUNTY and C'ONTRAC'T(* then any party shall hme
the right to seek such relief' or remedy as may be provided by this Agreerrient or by
Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is insti tre I I
t I d against either party
relating to the flormation, exCCUtion, per 66rn ianc e., or breach of' this Aoreenient.
COUNTY arid CONTRACT01Z agree to participate. to the extent required by the other
party, in all proceedings. hearings, processes., meetings, ,,ind other activities related to the
substance of' this Agreement or provision of tire services under this Agreement,
COUNIfir' and CONTRACTOR specifically agree that 110 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 ol'this Agreement shall hind and inure
to the benefit of ('01-INTY and CMTIZACTOR and their respective legal
representatives. successors, and assigyns,
26. AUTHORITY
Janitorial Services I OLH FWihtieS - Marmhon
Fah party represents and warrants to the other that the execution, delivet and
performance of' this Agreement have been dUIV authorized by all necessary County and
corporate ,,action Lis required b, lwv.
27. CLAIMS FOR, FEDERAL, OR STATE All)
CONTRACT(W 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 Agrecirient;
provided that all applications, requests, grant proposals., and l'unding solicitations shall he
approved by each party prior to submission,
28. PRIVII..,EGES AND IMMUNITIES
All of' the pri'vileges and iti - irminitics Crory) liability, exerriptions 1'rorn laws, ordinances,
and rules and pensions and relief. disability. workers' cornpensation., 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 hunts of the COUNTY shall apply to Ilic sarne degree
and extent to the performance 01' Such lunctions and duties of' such ol'ficers, agents,
volunteers, or era ployees 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 anv participating
entity fi any obligation or responsibility ii upon the entity by law except to the
extent of* actual and titnely perl'ormaIrIce thereof' by any participating entity. in which case
the per 6carr may be oft'ered in satisiaction of the obligation or responsibility,
Further. this AgreeIrrient, is not intended to, nor shall it be construed as. cWthorizing the
delegatiori of` the constitutional or statutory duties of` the COU'NTY, except to the extent
permitted by the F lorida constitution. State Statt.1te, case law,
30. NON-RELIANCE BV NON-PARTIES
No person or entity shall be entitled to rely upon the terms. or an of thonri, of' this
Agreernent to enforce or attempt to erdorce any third-party claim or entitlement to or
benekt, of' any service or pr(,)gran contemplated hereunder, and the COUNTY and the
CONTRA(I'OR agree that neither the COUNTY nor the CONTRA( "FOR or any agent,
officer, or erriployee of shall have the authority to u 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, infi,rior to, or superior
to the community in (Yeneral or for the purposes conternplatcd in this Agreement.
31. ArFESTATIONS
('(W agrees to execute such documents as the C 1 01JNTY rnao, reasonably
require, to include as Public f-l Crime Staternerit. an Ethics Staternent. ancf as Drug-Free
Workplace Statement,
328 NO PERSONAL, IJAB II, TY
No coveriant or agreement contonned herein shall be decined to be as covcraaint or
agreement ol' any inernbcr, officer, agent or employee of VIonroc County in his or her
individual capacity, and no member, officer, agent or crnployec of' Monroe County shall
13
Jaiiitorlaf Services UOUT' F'KifitieS = Mffl-a111)011
be liable personally on this Agn or be subject to an,, personal liability 61
accountability by reason of the execution of this Agreement.
33. EXL(_'-Ij 11 ON UN COUNTERPART S
This Agreement may be executed in any number of'coUnterparts. each of vhich shall be
regarded as an original. all c& which taken together shah COrlStit,111C One and the same
illSITUITIC11t.
34. SECTION IJEADINGS
Section headings have been inserted in this as a matter of convenience of
ref'eretice only, and it is agreed that such section headings are not a part of' this
A recirrent and will riot he Used in the interpretation of'aroy
9 y provision of this Ag_
35. PUBLIC ENTITY CAIME INFORMATION STATEMENT
A r)erson or affiliate who has been placed on the com vendor list J`()Ijovvr1n 0,
conviction for a pUblic entity critne maN 1101 SUbMit a bid on a contract to provide any
goods or services to at public entity, may not submit a bid on a contract with a PLIHIC
entity fi)r the construction or ref..iair of'a public building or public work, may not SUhrrift
bids on leases of real property to a. public entity, rriay not be awarded or perl'orm 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' tire
threshold arrIOL1111 proNlided in Section 287.0 17, for (._,'ATF'G'0RY 1 W 66r a period of )6
months Crom the date of being placed on the convicted vendor list,"
36. I MUITUAL REVIEW
This agreement has been carefuliv reviewed by Contractor and the Count" therel'Ore, this
agreement is not to be construed against either party on the basis ot'authorship.
37. INCORPORATION OF BID DOCUMENTS
The. terms and conditions of the bid documents are incorporated by reference in this
contract agreetirent.
38. ANNUAL APPROPRIATION
The. County's pertormance and obligation to pay Under this agreement is contingent upon
an annual appropriation by the 14mard of' County Conirrlissioners In the event that tile
County ILinds on vN - hich this Agreement is deperident are withdrawn, this Apreerrient is
terminated and the ('aunty has no Itirther obligation. tinder the terns of'this Agreement to
the Contractor beyond that already incurred by the termination date.
IN WITNHSS WHERF01 COLiNTY and CONTRACTOR hereto have executed this
Agreement on the. ably and date first written above in four (4) counterparts. each ot'which shall,
'Without prool'or accounting liar the other counterparts. be deerned an original contract.
hnitori,il Services Four kicifities - Marathori
thesses € ° CONTRACTOR
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`signature
BOARD OF COUN i Y COY1MISSIONFRS
C. ' ONRO (,(�. ,. .� Y Fl RIDA.
I IV
aS or
Date
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�of p rson trtrthOr -ized to
legally bind Corporation
D ate:
f
Print Name
Address:
Telephone Number
Janitorial Services 9 OUr [ uilitics - Marathimi
SECOND RENEWAL, THIRD AMENDMENTAGREEMENT FOR
JANITORIAL SERVICES — FACILITIES - MARATHON
MONROE COUNTY, FLORIDA
This 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. ( a Flori(Ift corj)oration, whose address is
1975 SansbUry Way, Suite 4116, West Palm Reach, Florida 33411.
WHEREAS, oil November 18, 2 {114, the parties entered into an agreement to provide
janitorial set for GEORGE DOLEZAL LIBRARY, MARATHON COURTHOUSE,
MARATHON GOVF.RNMENT CENTER AND MARATHON GOVERNMENT CENTER
ANNEX - MARATHON. Monroe County, Florida, and
WHEREAS, oil July 15, 2015, the parties amended the contract to provide . Janitorial
services for additional locations, MARATHON SUPERVISOR OF ELECTIONS, MARATHON
SENIOR C)"'NTER, MARA TAX COLLECTOR AND MARATHON CLERK OF
COURT'S - MARATHON, Monroe County. Florida, and
WHEREAS, on November 17, 2015 the BOCC approved the first renewal, second
amendirient for an additional one (I) year term which commenced oil December 1, 2015, and
terminates on November '10, 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, 2[114, as follows:
it) accordance with Paragraph 4 of the Original Agreement, the County exercises
the option to renew the Original Agreement for the second of tile three (3) one-year
terms. ]'his term will commence can Decembei 01, 2016, and terminate November
30, 2017. The contract amount is adjusted .7% for janitorial services in accordance
with the percentage change in tile U.S. Department of Cornmerce Consumer Price
Index (CPI-[J) for all Urban C011SLItners, as reported by the U.S. Bureau of Labor
Statistics and shall be based upon the CPI -Li computation at December 31 of the
previous year.
!. PAYMENTS TO CONTRACTOR, shall read as follows:
A. COUNTY'S perrormance 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
2nd Renewal 3rd Aniendniciit AMreenietil Janitorial Services — 1--acilities — Marathon. Nionroe County, Florida
Payment Act; payment will be made after delivery and inspection by COUNTY
and upon submission of a proper invoice by CONTRACTOR.
B. COMRACTOR shall submit to COUNTY itIVOiCCS 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, rUICS and
rei'Ll hat ions as may govern the Clerk's disbursal of` funds.. The Contract arnount shall be
as follows:
GEORGE'DOLEZAL LIBRARY, 3251 Overseas Highway, consisting of
approximately 7,028 sf. - $650.13/month.
Marathon Courthouse, 3117 Overseas 1lighway, consisting of approximately
6,863 st" ' - $650.13/morigh
Marathon GovernmellL Center, 2798 Overseas Highway, consisting of
approximately 23,500 sf. - $2,166.98/montb
Marathon Government Center Annex. 490 63' Street, consisting of
approximately 10,000 sf. - $866.79/month
Marathon Tax Collector, 3101 Overseas Hwy, consisting ol' 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 sl'. -
ZD
$680.48/mouth
Marathon Supervisor of Elections, 10015, 10005 Overseas I lwy, consisting of
approximately 2,139 sf. - $441.68/month
Totaling: Six Thousand One 11undred Twenty and 501100 Dollars (56,163.34) per
month.
1 In accordance with Paragraph (7) of the Original Agreement, it shall be
revised as follows:
Public Records Compliance. Contractor Most comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of
0
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
deerned a material breach of this contract and the County may enforce the terms of this
provision in the loan 01 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 Agreemem Janitorial Services — Facilities — Marathon, Monroe County, Florida
Pursuant to F.S. 119.0701 and the terms and oundkkxnm o[d6is contract, the Contractor in
pcquindin:
a. Keep and maintain ouh\io records that Would be required by the County to
perform the service.
b. Upon nzu:ip< from the County's ouak`diuo of records, provide the County with u
copy of the requested records or ni)nvv the records to be inspected or copied
within o reasonable iione uLu cost that does not exceed dle cost provided in this
chapter uras otherwise provided hylaw.
o. Enaurc(hutpuhiicreoordxtbaiunooxeruptoruonfidun\iu[mndexenuptiiompuhlio
records diao)meme requirements are not disclosed except as authorized by law for
the duration of the contract term and hm|1ov/ing oonopYo{iun of the oun¢ran{ if tile
contractor does not transfer the record to dnu County.
d. Upon completion of tile contract, transfer, at no cost, 1n the County all public
records in possession of tile Contractor or keep and maintain public ocuomjo that
would be required by the County to perform the service. If the Contractor
uranu('em all public records to the County upon completion of' tile monLnao\. tile
Contractor sbo|i destroy any duplicate public records that are mzonmpi or
confidential and exempt from public records disclosure reguircnncnte- if the
Contractor keeps and maintains poh|in records upon unnnpiodon of the contract,
the Contractor shall meet all opp|ioob|c requirements for retaining public records.
All records minrcd uicctnoniuu\iy must he provided to the County, upon ocquuSi
from Ule County's custodian of records, in a {brmut that is cunnpa(ih|c with i[lo
information 1cchnn\ogYxyytemum[{heCounty.
u. Acoquc,t to inspect or COPY public records roladng0mo County contract Must be
made directly to the County, but if the County does not possess dle requested
records, the County aba|| immediately ood[v the Contractor o[the mcqucmt, and tbc
Conhuu(u, mnuai provide the ruuo,du to the County or allow the records to be
inspected or copied within o reasonable time.
If (lie Contractor does not comply with the County request for records, the County shall
enforce the public u:unvds contract provisions in a0000Junoe with the contract,
notwithstanding 1ho County's option and h8ta to unilaterally cancel this contract upon
violation of this provision hy tile Contractor. /\ Contractor who [bi|y to provide the public
,ecn'xdm to the County or pursuant to m valid public records request within u reasonable
time may bo subject im pcoo|des Linder section i |9.|O. Florida Statutes.
Tile Contractor shall not Uanmrercustody, release, alter, destroy or otherwise dispose of
any public records uo|emw or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARD[NG THE APPLICATION
OF CHAPTER 119. FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PIZQVIDI" PUBLIC RECORDS RELATING TO THIS CONTRAC"ll'.
3
2nd Keiimxi 3rd AmrndumxmAgrcxmmut Janitorial Services - Fac -x�amthou, Monroe County, Florida
I'll WAMMMUMUMAN a BE" ROW 2 ON 111 MUM
MrIns long IMNIMM1110
11 K I EY WEST, FL 33040.
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:
Witnesses for CONT ACTOR:
, igria
ignature
Date'
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ma
Mayor
RM
CONTRACTOR:
STOCKTON MAINTENANCE
GROUP, INC.
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Smatt of person author zed to
legally bind Corporation
Date:
Print Name and Title
Address:
Telephone Number
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2nd Renewal 3rd Arnendnient Agreement Janitorial Services — Facilities — Marathon, Monroe County, Florida