Item C06�= -� = mm a 0
1 ' '"
Meeting Date: January 16, 2014
Bulk Item: Yes XX No
Division: Airports
Staff Contact Person: Larry Flowers
AGENDA ITEM WORDING: Approval of interim Agreement for Janitorial Services.
ITEM BACKGROUND: The janitorial services at KWIA are currently handled by Jayne's cleaning
service. The owner of Jayne's Cleaning Service, Inc. informed KWIA on December 9, 2013 that she
was exercising her rights under the 30 day termination clause and terminating her services at the
airport as of January 14, 2014. Due to the estimated value of the cleaning services contract the County
will need to issue a solicitation for competitive bids, however, in the interim, cleaning services will
need to be maintained at KWIA. The airport's Director of Operations contacted Cliffhanger cleaning
services and the owner is willing to provide service equal to what the airport currently receives for the
same price the airport currently pays to Jayne's cleaning services on an interim bases.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT
Approval
TOTAL COST:$24,277.40/month
BUDGETED: Yes XX No
COST TO COUNTY: $0 SOURCE OF FUNDS: Aimort oneratina fund
REVENUE PRODUCING: Yes No A OUNT PER TH Year
APPROVED BY: County Atty 'Purchasi Risk Management
DOCUMENTATION: Incl ded XX Not Required
DISPOSITION: AGEN
10y U41041 WOME41911104N Wd
Contract with: Cliffhangar Contract #
Effective Date: 1/12/14
Expiration Date: 1/11/15
Contract Purpose/Description:
Janitorial Services at the Key West International AirMt
Contract Manager: Peter Horton 5210 KW
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 1/16/14 Agenda Deadline:
Total Dollar Value of Contract: $ 291,324 Current Year Portion: $ 218,493
Budgeted? Yes Z No Account Codes: 404--63001-530340-
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $--jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Changes Date Out
at In Needed
Division Director .Yes [:] NoEj
re-forl T11 T14- 11 a
Contract with: Cliffhangar Contract #
Effective Date- 1112/14
Expiration Date: 1111/15
Contract Purpose/Description:
Janitorial Services at the Key West Internationg Airport -
Contract Manager: Peter Horton 5210 KWIA/5
(Department/Stop #)
for BOCC meeting on 1/16/14 Agenda Deadline:
[go) z I WFTM•
Total Dollar Value of Contract: $ 291,324 Current Year Portion: $ 218,493
Budgeted? YesS No 0 Account Codes: 4QL--63Q01-520340-
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $—Iyr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, se
Changes
y,at In Needed
DDivision irector esR NoQ
Risk Management RW YesEl No2f
/PU*ing 0%
County Attorney YesF1 No[]
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THIS CONTRACT (hereafter "Contract" or "Agreement"), made and entered into this
16 1h day of January, 2014, by and between Monroe County, a political subdivision of the State
of Florida, (hereafter "Countywhose address is I 100 Simonton Street, Key West, Florida,
33040 and Cliffhanger, a Florida Company (hereafter "Contractor"), whose address is 5541
N.W. 74AMiami, Florida 33166. The parties hereto, for the considerations herein set
forth, mutually agree as follows:
1, SCOPE OF WORK. The Contractor shall provide janitorial services at the Key
West International Airport, including all necessary equipment required in the performance of
same, providing all necessary cleaning supplies and paper products, and perfon-ning all of the
of described in Exhibit A attached hereto and incorporated as part of this document. The
Contractor shall insure all exterior doors are locked upon their departure after business hours,
2. CONTRACT SUM. The County shall pay to the Contractor for the faithful
perforinance of said service on a per week in arrears basis for each of twelve (12) months. The
Contractor shall invoice KWIA weekly for janitorial services perfon-ned under the
Specifications contained herein. The Contract amount shall be $291,328.80 per year or
$24,277.40 per month (S5602.48 per week). Contractor shall submit to County invoices with
supporting documentation acceptable to the Clerk, on a weekly 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. County's perforinance and
obligation to pay under this Agreement is contingent upon annual appropriation by the Board
of County Commissioners.
I
CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that Contractor has carefully examined the sites
,wff itable ones
fC.. r this work and he assumes full responsibility therefore. The provisions of the Contract shall
control any inconsistent provisions contained in the Specifications. All Specifications have been
read and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor (and his
Surety, if applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the Airport Manager, and his decision shall be final and binding upon all parties.
C) The passing, approval, and/or acceptance of any part of the work or material by
the County shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and Specifications covering said work. Failure on the part of the Contractor,
immediately after Notice to correct workmanship shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from the
Contractor, who shall in any event be jointly and severally liable to the County for all damage,
loss, and expense caused to the County by reasons of the Contractor's breach of this Contract
and/or her failure to comply strictly and in all things with this Contract and with the
'J
24
Z U
measures that the Federal Aviation Administration, the Transportation Security Administration
or any other governinental agency requires by reason of, or in connection with a violation of any
federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be
a-AWA-Mid irifiW.4willi rwiprw—at-&�- or
in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or
other invitees on the Airport during the term of this Agreement, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
V.-Wrri-J�K
employees, agents, contractors • invitees • than Contractor). • as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur • the term of this Agreement, this section will survive the expiration of the term of
this Agreement or any earlier termination of this Agreement.
10. RECORDS. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to
this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or
Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
Contractor.
�M!11111.61 MMENNIM
I nis Agreemeni snall oe goTeme I ixWC-',W1U1 UW—RUTUS-4
Florida applicable to contracts inade and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
12. SEVERABILITY. If any terni, covenant, condition or provision of this
unenforceable to any extent by a court of competent jurisdiction, the remaining ten-ns,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
• the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
13. ATTORNEY'S FEES and COSTS. The County and Contractor agree that in
the event any cause of action or administrative proceeding is initiated or defended by any party
PIH I IN sit ItIMAN $I'll I
Elm
reasollaoic R79:111:1 S Icub, ULL-01-PUU&M CAPU11SOVS,
?ward against the non -prevailing party, and shall include attorney's fees, courts costs,
mvestigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Ikules of Civil Procedure and usual and customary procedures required by the circuit court 04
Monroe County.
14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
legal representatives, successors, and assigns.
15. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
16. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
17. ADJUDICATIONS OF DISPUTES OR DISAGREEMENTS. County and
Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
18. COOPERATION. In the event any administrative or legal proceeding is
formation-. executionWerkrinan-ce., or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
19. NONDISCRIMINATION. Contractor agrees that there will be no
,iiscrimination against any person, and it is expressly understood that upon a determination by a
this Agreement automaticallW
terminates without any further action on the part of any party, effective the date of the court
*rder. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V1 of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975; as amended
(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
4
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housin% 9�, The Americans with Disabilities Act of 1990,142 USC s. 1201 N
may be amended from time to time, relating to nondiscrimination based of disability; 10) Secs.
13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identify or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or State statutes
which may apply to the parties to, or the subject matter of, this agreement. The Contractor
expressly understands that upon a determination by a court of competent jurisdiction that the
Contractor has discriminated against any person, this agreement automatically terminates
without any further action on the part of any party, effective the date of the Court order.
20. COVENANT OF NO INTEREST. County and Contractor covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict in
any manner or degree with its performance under this Agreement, and that the only interest of
each is to perform and receive benefits as recited in this Agreement.
21. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
22. NO • The County and Contractor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor .• that the County shall have the right to
ten-ninate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
23. PUBLIC ACCESS. Pursuant to Florida Statute • 119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including but
not limited to:
(a) • and maintain public rccords that ordinarily and necessarily would •
required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms ani
conditions that Monroe County would provide the records and at a cost that does not exceed
the • provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure req-uirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
N
Monroe County all public records in possession of the contractor upon tennination of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must be
provided to Monroe County in a forinat that is compatible with the information technology
systems of Monroe County.
24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec,
768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage, nor shall any contract entered into by the County be required
to contain any provision for waiver.
2S. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the
same degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
26. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non -Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entit-,Lh,-, law exceyA_L%di!-kAww%,iwo V�.W-17a_Pl T_tW_§4i!1#fl31
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the County, except to the extent
F!,ermitted by the Florida constitution, state statute, and case law.
27. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to
rel-y_u(*on the terms, oLankjK*f*1r-j
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
28. ATTESTATION& Contractor agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
r-1
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the sarne instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
31. SECTION HEADINGS. Section headings have been inserted in this Agreemen!
as a matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
32. FUNDING AVAILABILITY. In the event that funds from Airports Contractual
Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient
to allow for the purchase of the services/goods specified herein, this agreement may then be
terminated immediately at the option of the Board by written notice of ten-nination delivered in
person or by mail to the contractor. The Board shall not be obligated to pay for any services
provided by the Contractor after the Contractor has received written notice of termination.
33. PROFESSIONAL RESPONSIBILITY. The Contractor warrants that it is
authorized by law to engage in the performance of the activities encompassed by the project
herein described, subject to the terms and conditions set forth. The provider shall at all times
and shall assume yrofessional resy�*�Ft,,,, for the
services to be provided. Continued funding by the Board is contingent upon retention of
appropriate local, state, and/or federal certification and/or licensure of contractor.
34. NOTICE REQUIREMENT. Any notice required or permitted under this
agreement shall be in writin g and hand delivered or mailed
certified mail, returned receipt requested, to the following:
FOR COUNTY
Airport Director
Key West International Airporl
3491 S. Roosevelt Blvd.
Key West, FL 3 3 040
(305) 809-5200
FOR CONTRACTOR
Cliffhanger th
5541 N.W. 74 Ave.
Miami, Florida166
Phone(305)887-0700
Fax (305) 887 - 0760
35. CANCELLATION.
a) The failure by the Contractor to comply with all the terms and conditions of
this Agreement shall constitute a default/breach under the terms of this Agreement. Unless the
County has accepted in writing a delay in perforinance of the duties enumerated in Exhibit A,
the failure by the Contractor to perform said duties shall also constitute a default/breach under
woof thii aireernei t. In the event of a default/breach of the Agreement, the County ma
MI I FW-J N I I I bJW1_J 9747-J I I U-1 I I MW WON 11
b) Except as other -wise provided in this Agreement, either of the parties hereto
may cancel this agreement without cause by giving the other party (30) thirty days written
notice of its intention to do R.
a) General. The federal Transportation Security Administration is the federal agency
primarily responsible for • the security measures utilized by the airport •
pursuant to the relevant provisions • Chapter 49, United States Code, and regulations adopted
under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of
the statutes or regulations may result in severe civil monetary penalties being assessed against
the airy terator. ej jrjuLrm
,,ort oy fmlrul
any security violations imposed upon the airport operator as a result of actions by an airport
tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the
!• tenant.
b) Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport
operator to conduct business on airport property. The terni also includes an airport tenant as
defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is
an airport tenant.
c) Airport Operator Defined. As used in this Agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees.
d) Airport Property Defined. Airport property shall mean the property owned or
leased by, • being lawfully used by, the airport operator for civil aviation and airport -related
purposes. For purposes of this Agreement, airport property is the property generally referred to
as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e) Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of the airport operator or airport
tenant with the applicable security requirements of Chapter 49, United States Code, and 49
CFR 1540, et seq.
f) Airport Security Program. The airport tenant agrees to become familiar, to the
extent permitted by the airport operator, with the Airport Security Program promulgated by the
airport operator and approved by TSA, and also agrees to conforrii its' operations and business
activities to the requirements of the Airport Security Program.
g) Tenant Security Program. If permitted under TSA regulations, the airport tenant
may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49
CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security
Program that is approved by TSA, such program, as may be amended and approved from time
to time, shall be automatically incorporated into this Agreement.
h) Breach of Agreement. Should TSA determine that the airport tenant or one or more
of the airport *r
to act as re uired, and such act or ornission is a
�i,enalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance
Policy, such determination and imposition of a civil penalty by TSA shall be considered a
significant breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "minimum violation" as provided • in
TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred by the airport operator, including any
fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or
taking of remedial action measures. If the violation is a third violation, or there are multiple
violations in excess of two violations, that is or are a civil penalty "minimum violation", the
airport tenant shall pay to the airport operator the total costs incurred by the airport operator,
including any fines or penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be
limited to reasonable attorney's fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such cancellation to be
f2j's f2f, *J-Z92QB9�#&
of this Agreement by the airport operator.
(2). Moderate Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in
TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred by the airport operator, including any
fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or
taking of remedial action measures; and, further, the airport tenant may cause all of airport
tenant's employees involved in the airport tenant's business operations on the airport property
to undergo such security training as may be required by the airport operator. The total cost of
the training shall be paid for by the airport tenant. If the violation is a third violation, or there
are multiple violations in excess of two violations, that is or are a civil penalty "moderate
violation", the airport tenant shall pay to the air -port operator the total costs incurred by the
airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to
include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the
airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to
be effective thirty calendar days after receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
(3). Maximum Violation. If the violation is the first violation attributed to
the airport tenant and is a civil penalty "maximum violation" as provided • in TSA's
F-cforcera,E,tt ganctio.-t Guidance Policv. the airport tenant may cure the breach by pavina to the
. ..... ...... 11M. ilia measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport tenant may cause all of airport tenant's
employees involved in the airport tenant's business operations on the airport property to
undergo such security training as may be required by the airport operator. The total cost of the
training shall be paid for by the airport tenant. If the violation is a second violation, or there are
multiple �,iolations, that is or are a civil penalty "maximum violation", the airport tenant shall
-oav to the Wort oierator the total costs incurred by the aing j Jjj,4ij V� All-q--f
measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to unilaterally
cancel this Aexeement such cancellation to be effect* t.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty
actions when the airport operator detects violations, promptly discloses the violations to TSA,
and takes prompt corrective action to ensure that the same or similar violations do not recur.
This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to
encourage compliance with TSA regulations, foster secure practices, and encourage the
development of internal evaluation programs. The airport tenant agrees that upon detecting a
violation the airport tenant will immediately report it to the airport operator. Should the TSA
ultimately determine that the violation was committed by the airport tenant, or an employee,
agent, invitee or licensee of the aiCcort tenant. but the violation should
a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport
operator the total costs incurred by the airport operator in investigating, defending, mitigating,
or taking of remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation A&,::r * * �'—_
of remedial action measures. A violation resulting in the issuance of a letter of correction shall
not be considered to be a breach of this Agreement by the airport tenant.
(5). Survival of Sub -Section. This sub -section h) shall survive the
cancellation or termination of this Agreement, and shall be in full force and effect.
i) Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding
any minimum insurance requirements prescribed elsewhere in this Agreement, the airport
tenant agrees to hold harinless, indemnify, defend and release the airport operator, and the
airport operator's elected and appointed officers and employees, from any claims, actions,
causes of action, litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any and all types of injury, including death, loss, damage, fineT,
penalties, or business interruption of any nature whatsoever, of or to any person or property in
connection with the use of the airport property under this Agreement, regardless of causation
and including criminal acts of third parties; and especially including any and all fines,
penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation or
additional security measures required to be implemented by any governmental agency
(including but not limited to the Federal Aviation Administration and the Transportation
Security Administration) resulting from a violation of any federal law or federal regulation.
This sub -section shall survive the cancellation or termination of this Agreement.
the basis of authorship.
10
•
the parties have caused this Agreement to be executed this
day of 12014.
HM
ATTEST: AMY HEAVILIN, Clerk
By: _' __
Deputy
Witness
Key West, FL 33041-1026
(305) 292-3470
By:
Mayor Sylvia -rpRy-
CLIFFHANGER
3y:
a
01011)194�
Title
MAIN OFFICE: (305) 887-0700
CLIFFHANGER
FAX: (305) 887-0760
OR DO: (407) 239-0811
5541 N.W. 74 AVE. - MIAMI, FL 33166
TOLL FREE: 1-800-940-2543
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Attn: Larry Flowers Job Name: Key West Int'l Airport
Key West International Airport Phone: (305) 809-5200/(305) 797-1453
3491 S. Roosevelt Blvd. Email: flowers-larry@monroecounty-fl.gov
Key West, FL 33040
Ife propose to periormtne ionowing 7`71ce iF 117t'mt'yl� �.t I
during the contract period beginning unless either party elects to give a
thirty -day written notice of termination or proposed changes.
Daily Service:, (364 Days)
Terinninal
Check and clean restrooms (non -peak times 7am-
1 lam/3pm-7pm)
(Z�e.fzk.9nd clean restrooms every 30 min.(during geak
Lime I I wii-2: 3 Opin)
Empty and clean all trash cans and throw away in
dumpster
Sweep and spot clean floor smudges as needed
Airline Arena
Check and clean baggage scale and bag belt
Empty and clean all trashcans and throw away in
dumpster
Arrival Area:
Check and clean restroonis (non -peak times 7am-
llam/3pm-7pm)
Check and clean restrooms every 30 min.(during peak
tinic 11 ani-13 Opm)
Check and clean area 4 (4 times a day)
Empty and clean all trash cans and throw away in
dumpster
Vacuum behind rental car counters (2 times a day)
Disinfect seating and seating bases, dust ledges and
countertops (1 time at pm)
Page 2
Proposal: Key West Intl Airport
December 23, 2013
Daily Service: (364 times)
Departure Area:
Check and clean restrooms (non -peak times 7am-
11 ain/3pm-7pm)
Check and clean restrooms every 30 min.(during peak
time 11 am-2:3 Opm)
Clean area 4 (4 times a day)
Empty and clean all trash cans and throw away in
dumpster
Vacuum (2 times a day)
Disinfect seating and seating bases, dust ledges and
countertops (1 time at pm)
Administrative Office:
Clean restrooms (after 5 pm)
Sweep and mop stairwell leading to Admin Office
Clean, dust, vacuum each office and hallway
Empty and clean trash cans
Remove all trash to dumpster on Tuesday and Friday
(after 5 pm)
needed
Operations Area/Pilots Restaurant:
Clean restrooms (2 times in am / 2 times in pm)
Elevators:
Clean walls, doors, door tracks and vacuum (2 times a
day)
Terminal and Arrival Area:
Pick up litter, sweep, wipe off benches, empty ashtrays,
remove gum, empty trash cans and put in dumpster (2
times in am / 2 times in pm)
Greyhound Bus Station:
Empty and clean trash cans (1 time in am)
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SERVING ALL OF FLORIDA
Page 3
Proposal: Key West Intl Airport
December 23, 2013
Every Other Night Service: (182 times)
Terminal:
Mop and buff floors
3 Times A Week: (156 times)
Operations Office Hallway:
Sweep and mop on Monday, Wednesday, Friday
Terminal and Arrival Area:
Wash down sidewalks and curbs (in pm)
2 Times A Week: (104 times)
Airlines Arena:
Dust behind ticket counters and mop hallways
Escalators and Stairs:
Clean top and bottom landing area of escalator and stairs
Clean handrails and railings
Glass Doors/Tracks/Windows and Sills/Passenger
Bridge
Check and clean as needed
Customs Border Protection Bldg and Sheriffs Office
Clean restrooms, interior bldg, empty and clean trash cans
and put trash to dumpster on Tuesday and Friday during
business hours
Check and clean windows, windows sills and dust blinds
as needed
Greyhound Bus Station:
Clean restrooms and maintain area Tuesday and Friday
Weeldy Service: (52 times)
Elevator:
Shampoo carpet and spot clean.
Page 4
Proposal: Key West Intl Airport
December 23, 2013
Semi -Monthly: (24 times)
Arrival Area:
Shampoo carpet and spot clean as needed (after
remodeling maintain floors as terminal floors)
Monthly Service: (12 times)
Terminal:
Strip and wax floors
Baggage Bridge and Stairwell:
Sweep and buff bridge, sweep and mop stairs, clean
handrails and doors
Clean interior windows as needed
i-Monthly Service: (6 times)
Airlines Arena:
Shampoo Carpet
Quarterly Service (4 times)
Restrooms Grout:
Deep clean restrooms grout
Semi -Annual Service: (2 times)
VCB Bldg, Restaurants, East/West end of Terminal
Bldg Window
Detailed cleaning of interior and exterior of all windows.
Airline Arena:
Clean offices
Note: Morning shift will consist of one supervisor and four laborers and the night
shift will have one lead supervisor and one laborer.
..
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Page 5
Proposal: Key West Int'l Airport
December 23, 2013
Florida service sales tax is not included in this quotation and will be added to all invoices
(exterior building pressure cleaning is exempt from sales tax).
Contract Breakdown
Grand -Total $ 291,328.80
Monthly 24,277.40
... .. . . . . . . . . . . ...................
Cliffhanger Janitorial Inc will issue an invoice upon completion of service area, which
will be payable within thirty days of receipt. As a condition of this contract Key West
Int'l Airport agrees to pay all cost of collection including attorney's fees, if this account
becomes delinquent.
A certificate of insurance will be issued upon acceptance of this proposal, if acceptance
of this Proposal constitutes Contract. This proposal shall be considered as withdrawn if
not acce te 1 1 A(1hPd for, Vour convenience.
0 see . i WW R.
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Thank you for choosing Cliffhanger Janitorial Inc.
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