Item C13
*Revised Back-up*
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15.2007
Division: Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact PersonIPhone #: John King
292-4431
AGENDA ITEM WORDING: Approval to terminate the month-month contract with
G & K Services, Inc. effective August 27,2007, and to award bid and to execute a
contract with ARAMARK Uniform & Career Apparel, L.L.c. for the Division of Public
Works uniform services. The contract with ARAMARK has a total contract amount
which is not to exceed $25,000.
ITEM BACKGROUND:
County put the uniform contract out to bid and awarded it on June 21, 2007.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: not to exceed $25,000
BUDGETED: Yes X
No
COST TO COUNTY: Same
SOURCE OF FUNDS: Ad valorem and Gas Tax
REVENUE PRODUCING:
Yes
No
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty OMB/Purchasing
Risk Management_
DOCUMENTATION: Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised
MEMORANDUM
DATE:
July 23, 2007
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - August 15, 2007 BOCC Meeting
Approval to Terminate the Month-to-Month Contract
with G & K Services, Inc. effective August 27,2007 and
Award Bid and Execute Contract with ARAMARK
~
Uniform Services, a division of ARAMARK Uniform &
Career Apparel, LLC. For the Division of Public Works Uniform Services
.,
G & K Services, Inc. has been providing uniform service for Monroe County on a month-to-month
contract. Bids were opened on June 21, 2007 for a new uniform service for Monroe County.
Two bidders responded: (1) ARAMARK Uniform Services - Long/Short-sleeved shirt $3.19 each;
Polo Shirt $3.65 each; Long/short pants $3.43 each; and garment replacement at $.98 per garment,
and (2) G & K Services - Long/Short-sleeved shirt $3.75 each; Polo Shirt $3.75 each; Long/short
pants $3.75 each; and garment replacement at $.10 per garment.
I hereby recommend approval to terminate the month-month contract with G & K Services, Inc.
effective August 27, 2007 and award bid and execute a contract with ARAMARK Uniform
Services, a division of ARAMARK Uniform & Career Apparel, LLC. For the Division of Public
Works uniform services.
JWK/jbw
Enclosures
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: ARAMARK Uniform Contract # -
Services Effective Date: 08/01/07
Expiration Date: 07/31/08
Contract Purpose/Description:
Uniform services for the Division of Public Works
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on .()~!ff!Jl flIl51f1
Agenda Deadline:
CONTRACT COSTS
50-!-?~ ~II L-'HlI-.i40 ...
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Current Year Portion: $
001-20501-530-340-&101 20505530340
147-20503-530-340-& 10222500530340
001-20502-530-340-_
Total Dollar Value of Contract: $ 25 ,000
Budgeted? Yes[3J No D Account Codes:
Grant: $ NIA
County Match: $ NI A
CONTRACT REVIEW
Changes
Needed r-r("
YesD NOL:J
YesD Noif
YesD NoQY'
Yes~
Date Out
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
AGREEMENT
FOR
UNIFORM SERVICES
This Agreement is made and entered into this day of , 2007,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
ARAMARK UNIFORM SERVICES, a division of ARAMARK Uniform & Career
Apparel, LLC ("CONTRACTOR"), a foreign corporation authorized to do business in
Florida, whose address is 115 N. First Street, Burbank, California 91502.
WHEREAS, COUNTY desires to provide uniform services for Monroe County
Division of Public Works, and
WHEREAS, CONTRACTOR desires and is able to provide uniform services to
Monroe County Public Works; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
uniform services to, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document and its exhibits only.
2. SCOPE OF THE WORK:
A. Upon award of contract, the Monroe County Division of Public Works shall furnish
the Contractor with a list of employee's names, departments, and sizes of uniforms
required. The Contractor shall supply no more than eleven (11) new clean shirts and
eleven (11) new clean pairs of pants or shorts, or combination of both, for each
employee on the list. The amount of new uniforms to be distributed to County
employees will be determined upon award of the Contract. The garments shall be in
the sizes, color, style, and material type as referenced on the list provided to the
Contractor.
B. Each shirt shall have two (2) sewn on patches; one on the right side of the chest
"Monroe County Public Works", and one on the left side of the chest indicating the
employee's name.
C. The Monroe County Division of Public Works designee (Contract Monitor) will
inform the Contractor of any additions or deletions from the employee list as they
occur.
Area department heads shall designate a person(s) who will be responsible to sign for
all uniforms picked up and delivered within their respective departments, and notify
Agreement
1
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
the contract monitor of any and all changes covering contract services, Le., adding or
deleting an employee, etc.
D. Each week, the Contractor shall obtain soiled uniforms from the locations described in
Paragraph I, below. Soiled uniforms shall be replaced with the exact amount of clean
garments.
E. All the garments shall be, and at all times remain, the property of the Contractor.
F. Worn out or damaged garments shall be replaced by the Contractor on an as needed
basis as directed by the County at no additional cost to the County. There will be no
fee or charge for unreturned items should any garment being returned to Contractor be
deemed unusable by Contractor.
Goo Prices shall include all installation, preparation, Le. prep charges, swing suit, name
tag, County emblems, and style/color, replacement of worn out or damaged garments,
and shall be on a "per employee" basis. Shirts shall be white, light brown, or light
blue. Pants and/or shorts shall be light brown, dark brown, or dark blue. There will be
no additional fee or charge for these services when uniforms are replaced for any
reason and/or new employees are added.
H. Upon delivery, an employee of the Contractor, in the presence of the County's
Designated Representative, will count the number and types of garments delivered,
and shall provide the County with a receipt stating the number and types of garments
delivered, which receipt shall be acknowledged by the signature of the County's
Designated Representative as to accuracy and receipt. At the same time, and the same
locations, the Contractor shall collect and count, in the presence of the County's
Designated Representative, all the garments previously supplied, which have become
soiled, for laundering and subsequent re-delivery, and shall provide the County with a
receipt both as to the numbers and types of garments collected, which receipt shall be
acknowledged by the signature of the County's Designated Representative as to
accuracy and receipt. These receipts must be signed by the County's designated
representative or the invoice cannot be processed for payment.
I. Service Locations are as follows:
Monroe County Garage Complex
3583 S. Roosevelt Blvd.
Key West, FL 33040
Department(s) Inc1uded:Facilities Maintenance Department
Road Department
Higgs Beach
Monroe County Courthouse Annex
502 Whitehead Street
Key West, FL 33040
Department(s) Included:Facilities Maintenance Department
Monroe County Detention Facility
5501 College Road
Stock Island, FL 33040
Department(s) Inc1uded:Correction Facilities
Agreement
2
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
Marathon Public Works
10600 Aviation Blvd.
Marathon, FL 33050
Department(s) Included:Facilities Maintenance Department
Road Department
Parks & Beaches
Correction Facilities
Plantation Key Public Works
186 Key Heights Drive
Plantation Key, FL 33070
Department(s) Included:Facilities Maintenance Department
Road Department
Correction Facilities
Parks & Beaches
Card Sound Toll Authority
11180 C.R. 905
Key Largo, FL 33037
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon
annual appropriation by the Board of County Commissioners.
B. CONTRACTOR shall submit invoices to COUNTY with supporting documentation
acceptable to the Clerk. 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
C. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act Invoices will be paid on a MONTHL Y schedule in arrears. Payment will be made
after delivery and inspection by COUNTY and upon submission of a proper invoice by
CONTRACTOR.
D. The total contract amount shall be Twenty-Five Thousand and no/lOO--DolIars
($25,000.00) and, furthermore, this amount shall not be exceeded without amendment to
the contract and approval by the Board of County Commissioners.
E. PAYMENT AMOUNT
Item #1 - Shirts: Long Sleeve
65 % Cotton
35 % Polyester
Other (please Specify)
$ 3.19 per person per week
Agreement
3
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
Item #2 - Shirts: Short Sleeve
65 % Cotton
35 % Polyester
_ % Other (Please Specify)
$ 3.19 per person per week
Item #3 - Shirts: Polo
-0- % Cotton
100 % Polyester
_ % Other (please Specify)
$ 3.65 per person per week
Item #4 - Pants: Long
65 % Cotton
65 % Polyester
_ % Other (Please Specify)
$ 3.43 per person per week
Item #4 - Pants: Short
65 % Cotton
65 % Polyester
_ % Other (please Specify)
$ 3.43
per person per week
Monroe County reserves the right to choose style as indicated above.
There shall be no additional charge for replacement or repair of damaged garments,
any such charge is included in the above prices.
4. TERMSOFAGREEMENT
This Agreement shall commence on August 27, 2007, and ends upon August 26, 2008,
unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two (2)
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 two (2) years.
Agreement
4
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
The Contract amount shall 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. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon
request.
6. FINANCIAL RECORDS OF CONTRACTOR
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.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other 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 Agreement; and the COUNTY shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
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 CONTRACTOR occasioned by the
negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or
agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of this
agreement.
Agreement
5
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates
of Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $1.000.000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage shall include all owned vehicles, all non-owned
vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits
of liability of not less than $1.000.000.00 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the COUNTY at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of
COUNTY and 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 Agreement entered into by the COUNTY be required to contain any provision
for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent and
not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No
statement contained in this agreement shall be construed so as to fmd CONTRACTOR or any
of his employees, subs, servants, or agents to be employees of the Board of COUNTY
Commissioners of Monroe COUNTY.
11. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further
Agreement
6
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
action on the part of any party, effective the date of the court order. COUNTY or
CONTRACTOR agree 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 VI 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 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 use 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 fmancing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners
of 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 sub 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 additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REOUlREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. 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 Agreement. CONTRACTOR shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
Agreement
7
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. 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.
Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR
shall notify the COUNTY of any financial interest it may have in any and all programs in
Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or
requires for counseling, assistance, evaluation, or treatment. This provision shall apply
whether or not such program is required by statute, as a condition of probation, or is provided
on a voluntary basis.
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 agrees that the COUNTY shall have the right to terminate 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.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. 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:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FI. 33040
ARAMARK Uniform Services, a division of
ARAMARK Uniform & Career Apparel, LLC
115 N. First Street
Burbank. CA 91502
Agreement
8
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
The COUNTY may terminate this Agreement with or without cause prior to the beginning of
the manufacture of the furnishings. The COUNTY or CONTRACTOR may terminate this
Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a
breach of the obligations of either party to perform the obligations enumerated under this
Agreement.
19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements made 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.
20. MEDIATION
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. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
21. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, 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 reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
Agreement
9
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
23. ADJUDICATION 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 COUNTY and
CONTRACTOR. 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
COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, 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.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefIt of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
26. 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.
27. 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.
Agreement
10
May 2007
. .
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
28. 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.
29. LEGAL OBLIGATIONS AND RESPONSffiILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating 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 permitted by the
Florida constitution, state statute, and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third-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 othelWise 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.
31. ATTESTATIONS
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.
32. 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.
Agreement
11
May 2007
UNIFORM SERVICES
MONROE COUNTY, FLORIDA
33. 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 same
instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by
singing any such counterpart.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement 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.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date fIrst written above in four (4) counterparts, each of which
shall, without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor Mario Di Gennaro
Date:
Date:
Witnesses for CONTRACTOR:
{l/1klJrtJM1f/ cit1lfJ
Signature
Signature of person authorize
legally bind Corporation
Date: August 1, 2007
August 1, 2007
David Mirhae:1Ron,VP
Print Name
Address:
115 N. First Street
RlITh~n~. r.A 91~n'
Telephone Number 818-973-3720
MONROE COUNTY ATTORNEY
PPROVED AS TO AM:
Agreement
12
May 2007