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Item C15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Bulk Item: Yes -X- No Division: Public Works Department: Facilities Maintenance ~ ~'~ G- Meeting Date: December 17. 2003 AGENDA ITEM WORDING: Approval to renew contract with G & K Services for the Division of Public Works uniform services. ITEM BACKGROUND: On January 31,2004, the current contract with G & K Services will expire. Staff recommends to exercise the first of two one-year renewal options in accordance with article 3.05 (B) of the original contract dated January 15,2003. PREVIOUS RELEVANT BOCC ACTION: On January 15, 2003, the BOCC approved to award bid and enter into a contract with G & K Services for the Division of Public Works uniform services. CONTRACT/AGREEMENT CHANGES: Renewal for one-year period commencing February 1, 2004, and terminating January 31, 2005. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Not to Exceed $47.787 BUDGETED: Yes -X- No 001-20501-530-340; 504-23501-530-340 147-20503-530-340; 101-20505-530-340 001-20502-530-340; 102-225~530-340 COST TO COUNTY: Same as above SOURCE OF FUNDS:Ad Valorem. Gas Tax & Internal Bi11in~ REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year DIVISION DIRECTOR APPROVAL: OMBlPurchasing -X- Risk Management _X_ !)j?J;/~ Dent Pierce, Director Public Works APPROVED BY: County Atty --X- DOCUMENTATION: Included X To Follow Not Required_ DISPosmON: AGENDA ITEM #~ Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: G & K Services Contract # Effective Date: 02/01/04 Expiration Date: 01/31/05 Contract PurposelDescription: Uniform Services for the Division of Public Works Contract Manager: Ann Riger 4549 Facilities MaintJStoD #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/17/03 A2enda Deadline: 12/02/03 Current Year Portion: $ 31,858.00 001-20501-530-340-& 101-20505-530-340 147-20503-530-340-& 102-22500-530-340 001-20502-530-340- 504-23501-530-340- ADDmONAL COSTS Estimated Ongoing Costs: $NINyr For: ot included in dollar value above e . maintenance utiliti CONTRACT COSTS Total Dollar Value of Contract: $ 47,787.00 Budgeted? Yes[8J No D Account Codes: Grant: $ NI A County Match: $ NI A CONTRACT REVIEW Changes Date In Needed Division Director 12.---1 vI 0:; YesD No0 Risk Management IIJ2.'flo~ YesD No~ O.M.B./Purchasing I \ ~10 Yes~oO County Attorney J 1!2-S!tJ3YesD No~ Comments: (yr}. OMB Form Revised 2/27/01 MCP #2 salaries, etc. Date Out /2' -0 11/'l'lj03 11- '2~-() RENEWAL AGREEMENT (Uniform Service - Public Works Division) THIS Renewal is made and entered into this 17th day of December, 2003 between the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement between the parties dated January 15, 2003 (a copy which is incorporated hereto by reference) as follows: 1. In accordance with Article 3.05 (B) of the original agreement, the County exercises its first of two one-year options to renew the Agreement. 2. The term of the renewed agreement will commence on February 1, 2004, and terminate January 31, 2005. 3. In all other respects, the original agreement between the parties dated January 15th, 2003 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk G & K SERVICES Witness Witness By: Title MONROE COUNTY ATTORNEY ~FORM: ROB . WOLFE D~t~IEFJJ~ISl~C~~T~TTORNEY ('" .,' '\ ..,:'.,' \ , . ",- ,1.. r SECTION THREE CONTRACT AT.;..':..' \':~'.'!:>.\ l1-lIS AGREHfENT, made and entered into this 15th day of January, 2003, AD" by and between MONROE COUNTY, FLORIDA. (her("inafter sometimes call the "owner"), and G&K SClvict"<.;' , (hereinafter called the ''Contractor') WITNESSED That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 3.01 THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. 3.01 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3.02 SCOPE OF THE WORK The Contractor shall provide uniform service, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in the Specifications entitled: UNIFORM SERVICE And his bid dated December 11, 2002, attached hereto and incorporated as part of this contract document. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 3.03 THE CONTRACT SUM The County shaH pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 301h day of the following month in each of twelve (12) months, The Contractor shall invoice the County monthly for uniform services performed under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) must be invoiced as follows: · Material Type 65/35 polyester/cotton - shirt/pant combination. Four dollars and twenty-five cents $4.25 per employee, per week · Material Type 100% cotton - shirt/pant combination, Four dollars and ninety cents $4.90 per employee, per week Total contract shall not exceed $47.787.00 per year, . 3.04CONTRACTOR'S Acf\:.<:PTANCE OF CONDITIONS ( ~.j~~n~~~'~~~~::~ A. The ContractOJ hereby agrees that he has carefully examined the site and has made investigations to fillly satisfy himself that such site is correct and a suitable one for 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 Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, 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 Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 3.05 TERM OF CONTRACTIRENEW AL A This contract shall be for a period of one (1) year, commencing February 1, 2003 and terminating January 3 1, 2004. B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-D) for the most recent twelve (12) months available. 3.06 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required .'" insurance, the Contr(il~r shall indemnify the County from ar~(:and all increased expenses resulting' frOll1 such delay The first ten dollars ($10.00) of remuneration paid to the Contractor IS for the indelllnification provided for llhnve The c:\tcnt of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 3.07 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.08 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 3.09 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services/goods of the contractor. 3:10 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract 3.11 INSURANCE -'''~'''*~::~ -.., .~,:~k~~1:i:,;' Prior to execution oG_;,is.agreement, the contractor shall ftl~;~n the Owner Certificates of'",:\,:;d~),,:.'f;l":' Insurance indicating the minimum coverage limitations as indicated by an "X' on the attached fonns identified as INSCKLST 1-5, as further detailed on forms WCl, GLl, and VL l, each attached hercto and incorporated as part of this contract document, and all other requirements f{)und to be in the best interest of Monroe Countv as may be imposed by the T\1onnw County Risk Management DCpaIlmcnt 3 .12 FUNDING A V AlLABILITY In the event that funds from Facilities Maintenance Contractual Services are partially , reduced or cannot be obtained or cannot be continued at 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 of County Commissioners by written notice of termination delivered in person or be 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. 3.13 PROFESSIONAL RESPONSffilLITY 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 in these contract documents The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.14 NOTICE REQUIREMENT 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 FOR CONTRACTOR Monroe County Facilitics Maintenance G&K Services 3583 S. Roosevelt Blvd. 14720 NW 24th Court Key West, FL 33040 Opa Locka, FL 33054 3.15 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract, B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 3.15 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs, 3.16 CONTINGENCY STATEMENT ~ ,\ '-I' l'~' ~:""':"'t''''.'''' "\.'~"'~l'1':'.J\~~+1 ""3' @ . ,.~~.\,~""'t......,.-~ .' I .--!;;r-fl'~~t' "" 'T" 1;: ". Monroe CounIy's a::ormance and '~Wigation to pay und~:this contract is con~ngent ".; upon an annual appropriation by the Monroe County Board of County Commissioners. IN \VI:T;NESS WHEREOF the parties hereto have executed this Agreement on the day and date <?~p~~en:above in four (4) counterp~~s, each of which shall, without proof or accounting fOI ;):;tbe-,m~:er:counterpalts, be deemed an ongmal contract i~~:' (><_" ,:~ , (S'EAL) Attest: DANNY L. KOLHAGE, CLERK ByMd--~Q. ~~~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ~O~9E ~UNTY/FL9~ L/J/" ///. ~~ By: Mayor/Chairman Date: o 1- 1'5 - 03 (SEAL) Attest: CONTRACTOR G&KS By: By: Title: Title: ~N\ By: WITNESS Title: ftc-e,-'r 1^~1~ 'Z