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Item B19M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: B.19 Agenda Item Summary #3370 BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549 None AGENDA ITEM WORDING: Approval of a Third Amendment to the agreement with Stockton Maintenance Group, Inc. for janitorial services at Big Pine Key Library on a month -to -month basis pending the advertising of a Request For Proposals (RFP) and award of a contract. ITEM BACKGROUND: Stockton Maintenance Group, Inc. ( "SMG') provides janitorial services at the Big Pine Key Library. The original 2014 agreement provided for (2) two (1) one year renewals and both options have been exercised. The current Agreement expires on November 30, 2017. We are requesting to amend the term of the Agreement to continue on a month -to -month basis not to exceed six (6) months pending the advertising of a Request for Proposals (RFP) and award of a new contract for these services. PREVIOUS RELEVANT BOCC ACTION: November 18, 2014 - BOCC approved an Agreement with SMG to provide janitorial services for the Big Pine Key Library, Monroe County, Florida ( "Original Agreement "), for a one year term which terminated on November 30, 2015. November 17, 2015 - BOCC approved the First Renewal Amendment Agreement for an additional one (1) year term which commenced on December 1, 2015, and terminated on November 30, 2016. November 22, 2016 - BOCC approved the Second Renewal Amendment Agreement for an additional one (1) year term which commenced on December 1, 2016, and terminates on November 30, 2017. CONTRACT /AGREEMENT CHANGES: Amending the term of the agreement to continue on a month -to -month basis not to exceed six (6) months while an RFP can be advertised and a new contract awarded. STAFF RECOMMENDATION: Approval DOCUMENTATION: Third Amendment BPK Library Second Renewal First Renewal Bid Award Original Agreement - Stockton Maintenance Group, Inc. FINANCIAL IMPACT: Effective Date: December 01, 2017 Expiration Date: : Not to exceed 6 months Total Dollar Value of Contract: $3,794.16 — Fiscal Year 2018 Total Cost to County: $3,794.16 — Fiscal Year 2018 Current Year Portion: N /A- $3,794.16 — Fiscal Year 2018 Budgeted: yes Source of Funds: Ad Valorem CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: N/A County Match:N /A Insurance Required: yes Additional Details: If yes, amount: 09/20/17 001 -20501 - FACILITIES MAINTENANCE $3,794.16 REVIEWED BY: Patricia Eables Completed 10/03/2017 1:33 PM William DeSantis Completed 10/03/2017 3:01 PM Kevin Wilson Completed 10/03/2017 3:04 PM Budget and Finance Completed 10/03/2017 3:32 PM Maria Slavik Completed 10/03/2017 3:43 PM Kathy Peters Completed 10/03/2017 8:27 PM Board of County Commissioners Pending 10/18/2017 9:00 AM THIRD AMENDMENT AGREEMENT FOR JANITORIAL SERVICES - BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA This Third Amendment Agreement is made and entered into this 18th day of October, 2017, 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. (SMG) ( "CONTRACTOR "), a Florida corporation, whose address is 1975 Sansbury Way, Suite 116, West Palm Beach, FL 33411. WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial services for the Big Pine Key Library, Monroe County, Florida (hereinafter "Original Agreement "); and WHEREAS, on November 17, 2015, the BOCC approved the First Renewal Amendment Agreement for an additional one (1) year term which commenced on December 1, 2015, and terminated on November 30, 2016, and; WHEREAS, on November 22, 2016, the BOCC approved the Second Renewal Amendment Agreement for an additional one (1) year term which commenced on December 1, 2016, and terminates on November 30, 2017, and; WHEREAS, the County desires to extend the term of the Original Agreement on a month -to- month basis pending the advertising of a Request for Proposals ( "RFP ") and the award of a contract; 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 Third Amendment Agreement of the Original Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 4, TERM OF AGREEMENT of the Original Agreement: a. The County amends the Term of Agreement with the term to commence December 1, 2017, and continue on a month -to -month basis for a period not to exceed six (6) months pending the advertising of an RFP and award of a contract. The contract amount for janitorial services at the Big Pine Key Library remains per month at $632.36. Except as set forth in paragraph 1 of this Third Amendment Agreement, 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 on the day and date first written above. Month to Month Extenslon Amendment Agreement Page 1 of 2 Big Pine Key Library — Janitorial (SEAL) Attest: KEVIN MADOK, CLERK i LZ Deputy Clerk Date: W' esse for ITRACTOIZ. 1 Printed Name and Date Si re ro�O Printed Name and Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Date: CONTRACTOR: STOCKTON MAINTENANCE GROUP, INC. Signature 6f person authorized to legally bind Corporation Date: ° / 3 1,7 D .) / 29 R6av Print Name and Title Address: /3 .s41t4s,6u /j 9'_'s - w � .5 - 9"F -Z.-2 Telephone Number MONROE COUNTY ATTORNEYS OFFICE PROVEq AS TO ARM„ ATR _ PICIA FABES L OATS: ST -0 -I T T RNEY Month to Month Extension Amendment Agreement Page 2 of 2 Big Pine Key Library «- Janitorial SECOND RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES BIG PINE KEY LIBRARY MONROE COUNTY, FLORIDA subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Stockton Maintenance Group, Inc. (SMG) ( "CONTRACTOR "), a Florida corporation, whose address 1975 Sansbury Way, Suite 116, West Palm Beach, FL 33411. WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial services for the Big Pine Key Library, Monroe County (hereinafter "Original Agreement "); and WHEREAS, on November 17, 2015, the BOCC approved the First Renewal Amendment Agreement for an additional one (1) year term which commenced on December 1, 2015, and terminates on November 30, 2016 and; WHEREAS, the parties have found the Original Agreement as Amended to be mutually beneficial; and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Renewal Amendment Agreement; NOW, THEREFORE,, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement for the second of the two (2) one -year terms. This term will commence on December 1, 2016, and terminate November 30, 2017. The contract amount is adjusted .7% for janitorial services at the Big Pine Key Library from $627.96 per month to $632.36 per month 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. In accordance with Paragraph 7, Public Access, of the Original Agreement, it shall be revised as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be Second Renewal Amendment Agreement November 22 2016 N Sec nd Renewal Amendment Agreement is made and entered into i " �' day of 114 2016 m �ctwecn M�NR�E COUNTY, FLORIDA th (CON ), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Stockton Maintenance Group, Inc. (SMG) ( "CONTRACTOR "), a Florida corporation, whose address 1975 Sansbury Way, Suite 116, West Palm Beach, FL 33411. WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial services for the Big Pine Key Library, Monroe County (hereinafter "Original Agreement "); and WHEREAS, on November 17, 2015, the BOCC approved the First Renewal Amendment Agreement for an additional one (1) year term which commenced on December 1, 2015, and terminates on November 30, 2016 and; WHEREAS, the parties have found the Original Agreement as Amended to be mutually beneficial; and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Renewal Amendment Agreement; NOW, THEREFORE,, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement for the second of the two (2) one -year terms. This term will commence on December 1, 2016, and terminate November 30, 2017. The contract amount is adjusted .7% for janitorial services at the Big Pine Key Library from $627.96 per month to $632.36 per month 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. In accordance with Paragraph 7, Public Access, of the Original Agreement, it shall be revised as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be Second Renewal Amendment Agreement November 22 2016 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. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a. Keep and maintain public records that would be required by the County to perform the service. b. Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. e. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE Second Renewal Amendment Agreement November 22 2016 CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470, BRADLEY- BRIAN(&MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 111112 1H STREET, SUITE 408, KEY WEST, FL 33040. 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. WHEREOF, the parties hereto have set their hands and seals the day and year first above w U BOARD OF COUNTY COMMISSIONERS o z OF MO z ROE COUN Y FLORIDA o Cr a�4 .tom z O By: 6 � Mayor ¢ o a o U U ►t� 22�20[ 6 =5 �t — Date: o & a a U n. w¢ CONTRACTOR: STOCKTON MAINTENANCE GROUP, INC. Witnesses for CONTRACTOR: Sign 4A) ZC Pr' ted Name an Signature ��.'nri d S •eT7� i i / "f�� Print d Name and Date Signa re of person authorized to legally bind Corporation Date: // —/ V -/ ,6 Print Name and Title Address: al G81< Telephone Number Second Renewal Amendment Agreement November 22 2016 Date: II IZz I z o/ 6 r' 2!: Second Renewal Amendment Agreement November 22 2016 Date: II IZz I z o/ 6 ILVA L91111: I SMIJ WK111001 MVM a RIJ 9 0 1170 WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial services for the Big Pine Key Library, Monroe County (hereinafter "Original Agreement"); and d ME-REM WHEREAS, the parties find that it would be mutually beneficial to enter into this First Renewal MUM "11 NOW, THEREFORE, NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I 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. I ILIN, CLERK 11117113 Y1 MEMEEMA BOARD OF COUNTY COMMISSIONERS OF MONROE COUN By: Mayo/ L/ Date: 1111,111,5 1EY A S S V6 L N i Witnesses for CONTRACTOR: Sig a[Ure I'd n -d Name aii to igilaiLtre #,ted Varne and Date "Signature 6 ' f person authVriz' to legally bind Corporation - , First Renewal Amendment Agreement -BP K Library November 17 2015 1311) AWARD AGREF.;V1ENT FOR JANI'MRIAL SERVICES - RIG PINE KEY LIBRARY NIONROE COI NTY, FLORI DA his Agteement is made and entered into this day of � , <:. 014. betwes, �.IC�NRUF CM N T �`. F1.(7 ID � 1 t'O) 'N�LVT a pohnical subdbAision car the State of l iorida. whose address is 1 1 t)0 Simonton Street. Key We s t, Florida ??040, and Stockton Maintcnance Grou Inc. ,;Nl(� , I � ) ( "('i )N I R " T'�R j. a "'i.(�t r yxnrc'rnwr V46e address 1975 Sansbury Wxy, spite I I6_ West Paim Beach, F'_ 5 1 41 1. W HFRh kS. C W N Y desims r_• provide jan iiorial scr� ices i��r BIG PI yI_ KF: y !. 13KAR Y _A is muc t ourim F!cw& NVHEREAS_ (- ONjR2%("j_)lk de - sires nr acid .Is ahle tc� o� =ide janitorial serl�tces a l3i(`i PItiF, KF y i,IF3f?�R . i��onroe ('ounty, Flonci,i_ anti « .s IIEREAS. it M*Vu a )cgitiriate puolic purp��sc for C ON I R.�1C�I�UIZ to provide ianitorial services to FRIG PINF KEG I_I}3I AR Y.Moilrov (_;ounl.). F ?nrida. now therefore_ IN CONS,IDERATION 01 the mutual proms cs and cc >vmmus contained herein_ it ',s OWN as ico hm s: 1• — THE AGREE vI A Tlie ;1c,�eemerit consists 0"""" this ('"( "'Cut, the bid dncuunents, cNh0 hits. any' am adriend�c on1� . _. SCOFF Of Tf contractor shall fi_irrush "I IW" matWAs, eqwlmnenL tools, transhortatinn, services. and incidentals, to herlorm till the vVOT-k necessary in accordance \,vith the spec hcati Oil s. A. jandorial se"we_ MdulT.1 all necessary supplie4 eduihment, and sate, devices required in the pertormanc <: cat same i`or the I3IG P[ -NF- K_F� ' LIRR��RY. ini.ated at Big Pine SFOppinc t�`ct>ter. cnnsistin� of approximately 140(i ," ` +. Restrooni Sanitation shall include the toliO i I� ,in a daik basis: X11 Flours swept, 10olC dirt re(710%C:J. » aSli and di mi"cct boor Stall partitions dan.p cicdri�d. AH C( adCS_ llrinRiS. ihaS1�1 I jId be (tt�7,nte�aei: AV twinal baps shall i , c Sheclali� cte an < l il(I ills]I1tC C iC ({ , -ill sanitary 1 - ! >pKji P �lettneU, rtt,e aisnn;;"I, tlnc? ;iisIritCctL% III sup shall b r I P t reriiac,'�i napr; ,��u��l� �;oap. cte.l- All other v ork necessary to maintain a clean and sanitary cortditton in these restrooms shall be accomplished, vwhether it is specifically noted in these specifications or not 14010. RIG PINL KFY LIRRAR� iIas 1 male puhiic restroom ��ith 1 toilet and 1 urinal and I female public restroom with - toilets. B. All sinks and water Muntains outside the restroom areas are to he cleaned daily Water fountains are to be polisher] periodically . C. Creneral Cleaning shall be completed daily. and should include the follo��in�: All tile floors are to he dusted and mh?pped. ii. All Furniture and lurnishijigs to he dusted and spot Cleaned, Low led sills- rails, tahles. shAvAg, haseboards, etc . ic) he �iiped ��ith a damp cloth to reduce the arnc >urtt oCdust in the building. v. Ali trash receptacles emptied, m1d trash can liners replaced. �. All upholster furniture to he v acuumed_ °i. All carpeting shall be vacuumed -� ith a J rM%erful 11ETA vacuum. such as the Oreck. III %Veekh janitorial semccs to include All glass partitions domy, mirrors- r� indoor -s. etc. to be cleaned and'or polished. ii. Obvious scuff marks shall he removed iron, resilient floorm ;111 door vents cleaned and 2 hook returns dusted and damp %� ipeu. 1 . Monthly janitorial services to include: i. All high dusting (Le pictures. door frames, air vents. tops of ]look shelves. etc l ii :111 walls acrd venetian blinds dusted mortthl. in. All air conditioning vents- supple and rettu air grilles cleaned. F, The Contractor shall insure, all exterior doors are locked while they are servicing the building and upon their departure. G. Janitorial services yyill be 5 days a weh. _f uesrla, through Friday (excluding hohd 1vs �. beginning at or around 8:00 am. and finishing no later than the Lihrar} opening) time of 930 a.m. If. Coordination of the work with the County area representative shall he the responsibility of the Contractor. The Contractor shall perform the work during hours and time as specified. 1. Keys shall he issued to the Contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall he signed by the Contractor. the Contractor shall return all kcvs as issued upon expiration ()l'the contract or termination . f fhc Contractor shall he responsible for the gust of changing lacks. etc, for all keyed secured areas to, \vhich the ( does not return the keys. Bid Award Agreenreri -- - - -- - - - -- - -- — - -- i(li 'U- R. Flue Contractor shall report ally problems regarding open doors and�or wtah na to the Facilities Maintenance Department. The Contractor shall proyicic all supplies 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 paper towel and toilet paper dispensers. The contractor shall maintain stuck in each Acility in an amount sufficient to last thrrru. the HCXI clrAnin, daV Nl. :"Additional Services: ( Shall he pciTornwd (mce in every three. month period, and shall be included in the hidding price.) i. Resilient Florrring shall be swept dust mopped and stripped. After application of three: coats of wav areas shall he buffed suflicientl\ for maXimum gl(_)ss and uniform sheen from wall to % all. including corners. The \vitxed fluor shall prescat a clean appearance free from scurf marks or dirt smears. Furniture and`or other equipment moved durino floor stripping and "axin(a shall he returned In their nri.uinal positions. ii. Dry Cleaning, Steam Cleaning, or I �hampooingg Carpets and Rugs shall he vacuumed of all loose soil and debris prior a) cleaning. and ,hall be free of streaks. stains and spots. and shall have a bright uniform color upon completion of dry cleaning_ steam cicauing or shunrpooirtg. N- Inspection of Work: Random inspections shall he pertained hr County Representatives from the Public Wgks'1_n (incerin 1�ivision ttdministerin�g, the contracts. Deficiencies shall he corrected yvithin a twenty -hmr (24) h4)ur period of notification to the contractor. Failure of the contractor w correct such deficiencies shall result in prorated deduction trom the monthly invoice. 3. PAYMENTS TO CONTItkC" I'OR V COt 1NTVS performance and obligation to pay under this agreement, is contingent upon annual appropriation by the linaN of Countv Cotumissioners. ('(N'N I Y shali pay in accordance with the Florida Local Government Prompt Payment .Act: pa�mcnt rill be trade after delivery and inspection by FY and upon suhmissiorl of a proper invoice b� CONTR AC OR- 13. CONI RAC f OR shall suhmit to COt N 1 Y ins oices vpith supporting documentation acceptable to the Clerk_ on a nwnthh schedule in arrears. AccepwNlay to the Clerk is haled on generally accepted accounting principles and such laws. rules and regUlatwn; as may govern the Clerk's disbursal ot fiends. I he Contract arnount shall be its stated by the CONIR_A( )R's bid as follows: Six Hundred IVvnt; T"i) and 91100 - - - -- Dollars ( +622.97) per month. 4. TERM OF AGREENIEN I This :Agreement shall commence on Decemher 01, 2014, and ends upon Novemher 30, 2015. unless terminated earlier under paragraph 18 ofthis ���arcenlent. The COt!N I shall have the option to this Agreement for up to an additiond two ( ) one year periods at terms and conditions mutually agrecahle to the parties. exerclahle upon --- - - - - -- — Bid Award Agwemwe "'Ittcn notice gAn at least 0 days prior R) the end of the initial tcrtn. I_ mess the cont� clearly indicates otherwise. references to the "term" of this Areelncnt sha11 meats the initial term or one iI)vear. The Contract amount may be adjusters amun ly in accordance with the percentage c hange in the U.S. Department of Cornrnercc Consumer Price Index (CPI -f �) Cor all t. -Than Consumers a reported b) the t' S. Bureau of I.abor Statistics and shall be hatted upon the Cl'I -C' colltputatian at December 31 of tile: pre%iousI year. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CUNTR U 1141 has. and shall m lintairl throtquh, ut the term of this 1 rreement appropriate licenses. Pro<>t of such licen"e" and apprnyals shall he ;uhmitted W the (11 NU upon request. �. FINANCIAL RECORDS Of' CONTRACTOR CUN I RACTUR shall maintanl all books. records, and documents directly peI to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agrcemcant or their authorised rcpresentatiyes shall have reasonable and timely access to such records of each other party to this Agreement For public records purposes during the term o` the :A"rcernent and for i�)ur weals follo�iing the termination of this Agreement. If an auditor employed by the C1 AT Or Clerk determines that mo ernes Paid to CON pursuant to this A �\ere spent for purposes not authorized by this lgreement. the CMTRACT(_)R shall rcpa� the tn<onics together �Wh interest calculated pursuant to Scc. 540. FS, running from the date the monic were paid tip CUNS R:yC 1 C�K. 7. 1 tiBLIC ACCESS Pursuant to Florida Statute §119.0701, Contractor and its subconuum shall comply with all Public records lays ()I' tile State of Florida. including but not limited to: (a) Keep and maintain public records that and neccssaril� %%ould he required to Mowne County in the performance of this Agreement. ( b) Provide the public with access to public records on the stone terms and conditions that %lomme County would pray ide the records and at a cost that does not exceed the cost provided in 1� 1 .orida Statutes, Chapter 11O Or as )tilervyisc provided by la�v. (C Ensure that public rengds Wt are exempt or confidential and exempt from Public records disclosure requirements are not disclosed except as authorized by law. (d) ~feet all requirements Av retaining puhlic records and transfe, at n() ck)st. to y'louroe Counh all public records in possession of' the contractor upon termination of this ;'agreement and dca oy ttnr duplicate puhlic records that are exempt or confidential and exempt "' public records disclosure requirements All records stored elect ronical1% must be prov ided to Monroe Count' in a format that is cotnpatihlc with the information technolo'-Y� systems of'Monroe Countk, The County shall have the right to unilaterally cancel this A upon � iolation OF this Provision by Contractor. 8. HOLD HARI\ILESS AND INSVRANCE - ��� Aotwitltstanding and minimum insurance requirements prescribed elsewhere in th agreement_ Contractor shall defend, indemnify and hold the CO( iNTY and the ('M N I Y' elected and appointed officers and emplo�-ees harmless s Iiom arld against ( am' claims. actions or causes of action, (ii) anti litigation, admimstrati�c proceedings. appellate proceedings. or other proceedings relating to any type of' injure (including death), loss, dama <�e tine. :�ena11� or business interruption, and f iii) any costs or expenses that may he asserted against, initiated with respect to, or sustained by, any indemnified party b� reason of. or in connection kith, any activity of CO'v,'TRAC' I OR or any of its Cmplovees. agents, srrh contractors nr other invitees during the term of this AGRI_� AIFNF. (R) the negligence or willful misconduct of CON "RECTOR or am of its entlilo }ces_ agents, sub- contractors or other invitees, or it CONTR-\( default in respect of anv of the that it undertakes tinder the terms of this GRI h, except to the extent the claims. actions. causes of action. litigation. proceeding, costs or expenses arise trom the intentional or sole rnegli�oent acts or orrr5sions of the COi �NTY or any of its employees. agents, Contractors or invitees Iother than CON I_RA( 70R) Insofar as the claims. actions_ causes of action. litigation. proceedings, costs or expenses relate to events or circumstances that occur during the term �_�t this AGREF: �1FN ] - this section will survive the expiration of the term Of this :��GRL:F:A�II�NT or any earlier termination of this AGR1 - I The extent of Liability is in no ay limited lo. reduced, or lessened by the insurance requirements contained elsekNilere %whin this agreemcm. Failure of CONTRACTOR to comply with tyre requirements of this section shall he cause for immediate I ern In, tIOII ' agreement. PI to execution of' this a��recment, C'ON I RA(, I OR shall furr;ish the COI -'NJ'Y Certificates of Insurance indicating the mininlum Cirycragc limitatii >ns in the t,rllo�yirr1-3 arllounts: W( -)RERS C(A-1 PENSA I JON AN[) I:1\1P[_C)YLR S 1_1AL31LT1� INSt�KANCE. A \here applicable. CmCragge to apple for all enlplovices at a ittinin�um s(aurtor� limits as reduireci h� Florida Lry a_ In addition, the C'ON 1 RA(' FOR shall ohtaln l cr.s Liability Insurance �� iih Iimits of not less than 510 000.U hodik injury h} acc�uent. >Ut) ( , O 0 00 bodily injury b disease, and S10O_000..00 hodrly injury h\ disease, cap -h cmplc�ee. - C(AfPREI 1 -NS1V E tAUTO- NvioI3II I-_ vt;HICI -t: 1.1:A1311 II Y INS[ RANCL \Motor vehiclC ►iability insurance, including applicahie no -Fault coverage, vpith limits o'' liability of not Less than 51(10. pet' occurrence. Combined single limit fior Rodily Injury Liability and Property Damage Liability°. If single limits are provided, the rz�ininurm acceptahie limits are. S 100 000.0(1 per person. S 3(N), U 0 0 per uCCUr'rence, Auld S ?0 00 (,i (N � — - pruper damage. CoNcrage shall include all m> ned vehicles. all non -omicd vchicics. and all hired %chides. ('O?V 'V11`RCIA[ OFNERAL LIAMI.l 1 Commercial , - , eneral liability coverage with limits '_11 liability u1 not less than s3m),001)_OO Pei - occurrence cormhined single knot for Rodil ury Liability and Property Damage T_iabilit\- I Contractor shall purchase and maintain, throughout the term of the contract, F:'IOPLOYEE DISH( NES - i Y 1NSt_RANCL m the minimum arlIount of S 000 . DU per (_)ccurrence � lriril gill Rid.Awara Agreemer?- - - - - -- - - - - - -- - paN fur kisses to (- bounty propert, or monc% caused K the fraudtrleni or dishonest act, of the Contractor"; employees or its agents. Methcr actin,( alone or in cOlfusion of others. ;1IONROF CO(`NTY BOARD OF COI'A -TY CO ,11L'ST BE NAMED ADDITIO, , N',1L Lti'SURED ONALL POLICIES EX'C'EPT Nf'ORKER'S CO_'LIPE NSA TIOA, CFRTIFIC.A I ES OF INSt k-AN(_'T; Original Certificams of Insurance shall be prorid, 1, the (()t \ I l- Mthin fifteen (15) dais of the award of Bid and certified copies prodded if requested. Each policy certificate shall be endorsed whh a provision that not less than thirty (30) calendar dais written notice shall be provided to the C(WNTY bel'orc an) police or coWerage is canceled or restricted. The underwriter of such insurance shah he qualified to do htrsiness in the State of Florida. Monroe County shall he named as an additional insured on the Vehicle LiahiO, and Commercial General Liability insurance. If requested h) the (luant, Administrator, the insurance ci�o,�eragje :;hall he primary insurance with respect to the (AWN I Y, its officials. employ ees, agents and � uluntcers. 9 . NON NVAIVER Of, IMNICNITY Notwithstanding the provisions of Scc. 76,42 , Florida statutes, the participatii�n i, COUNTY arid CON "I Rr1C"I`OIZ in this Agreement and the acquisition of anv commercial liability insurance coverage. self - insurance covcraL'e, ur local (overnment liability insurance Pool coverage shall not he deemed a «waiver of imnwnhv to the extent of habilk, coverage. nor shall any Agreement entered into by the ( he rcquir m� cd to contain a prov,ision for wai ver. 10. INDEPENDENT CONTRACTOR At all times and for all purpi,ses under tht, agreelnertt CON hR G I OR is an independent contractor and not an emplo)ee of the Board of Countv Commissioners of' Monroe Count . No statement contained in this agreement shall he construed so i as tin find CONTRACTOR or am of his emplotiees. subcontractors, servants. or agents to he eruplo_ ce, of� the Board of Count� Commissioners of 'Monroe Count. 11. NONDISCRIMINATION CON'lRACTOR agrees that there ,x:11 be nu discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiCTWn that discrimination leas occurred. this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to cornpl� %pith all Federal and Florida statutes. and all local ordinances, as applicable, relating to nundiscrinnination. These include but are not limited to: 1 ]itle `�I of the Ciril Rights Act u 1964 (PI. 88 - 1 ��hich prohibits discrir��ination on the basis of race, color or national origin: ?} Title I1' of the Education Amendment of 1972, as amended t'O ( 'SC ss. 16811681 and 1685- 16861. "TiM prohibits discrimination on the basis (if' ,cx: 3) Section 5O4 of the Rehabilitation Act of 197 as amended (?0 1_is(' s. 7ti). %,�.hich lrohibits discriminatioc on the basis ()t handicaps: 4) I'he Age DiscHminanon Act of 1975, as amended (42 US( ss. 6101 -610;) "hicl prohibits discrimination on the basis of age: 5) The Drug ,�� Office and keatnnnt _Act of 1972 (PL 9 2-255). as amended, relating to ru>ndiscruninati 4m the hasis of drug" abuse: ( )) The Comprehensr\c Alcohol Those and \lcoholism Picycriuk)n. Ircatnicrit and Rehabilitation :Act rrf Bic Award Agreement - – - - - -- -- — 1970 (PI 9 1 -616). as amended, relating to nondiscrimination on the basis of alcdwi abuse or MGM: 7) The Public I Iealth Service Act of 1912. ss 52; and 527 (42 USC ss. 69(1WI and 290ee -31 as amended. relating to confidentiality of alcohol and drug abuse patient records: s) We Vlll of the Civil Rights .pct of 1968 (42 1!SC' s. e nondiscrimination seq. 1, as amended, relating to rimination in the sale, rental ur financing of housing: 9) The Americans with Disabilities Act of 1990 (42 (SC s. 1201 dote). as maybe amended Drum time to tithn relating to nondiscrimination on the basis of disability: l0) Any ether nondiscrimination provisions ill in am Federal or state statutes which may applvto ('O[' � and ('ON I RAC'1 OR to. or the subject matter of, this .Agreement. 12. ASSIGNMENT /SUBCONTRACT ( (-)'s TRACTOR shall not assign or stubcotrtract As ohligations under this agreement to others, except in writing and %uth the prior "IdUeri approval OF the Board of County Commissioners of Monroe County. which approval shall he subject to such conditions and prop isions as the Board may deem necessary . I his paraggraph shall be incorporated by reference into any assignment or subcontract and an% assignee or tubcontmctor steal l cotnpl y ith all of the provisions of this agreement. t'nless express]) provided lip- therein, such approval sh<:11 in no manner or eycrit be deemed to impose any additional ()hli�uatiun upon the hoard. 13. COMPLIANCE WITH LAND' AND LICENSE RF )lAREVEMENTS In providing, all services "goods pursuant to W agrecnhcnt. CON FRACTIDR shall abide h) all lays of the Federal and State government, ordinances rules and regulations pertainin�z to. or regulating the provisions of such services_ inciudin�r those nu�� trr effect and hercinatter adopted_ Compliance with all la��s includes, but is not limited to, the immigration laves of the Federal and State government. Any ylolatW of said statute,. ordinance& rules and regulations shall constitute a material breach of this agreement and shall entitle the. Board to t,i minatc this Agreement_ CONTRACT OR shall possess proper licenses to pci - himh Y"gk in accordance with these specifications throughout the term OWN : Agreement. 14• DISCLOSURE AND CONFLICT OF INTEREST CON'fRACTOR represents that it. its directors_ principles and ernployces. presently have no interest and shall acquire no interest. cr'hcr direct i indirect, which would conflict in anti manner \vith the performance of sel"Ices required h) this COMM as prodded in Sect. 112.31 1. et. seq.. Florida Statutes. (AWNTY agrees that ofticers and employees of the COKN1 � recognize and MI be required to comply with the standards of Conduct for public officers and employees as delineated in Section I" 311 HOW Statutes. regarding. but not limited to, solicitation or acceptance of gifts; doing business "Ah one's agaxy: unnd,,Q,d compensation; misuse of public positio, conflicting employrr.ent Or Contractual relationship; and disclosure or use of certain information. CM Y and C( - NJ RAC7OR warrant that. it respect to itself, it has neither enhploycd mir retained any company or person. other than a bona tide employee \vorking solely fir it. to solicit or secure this Agreement and that it has not paid or agreed to pay any person. comparnv. corporation Wdividual, or Firm. other than a bona We emplelce working solely for it, am fee, commission. percentage, gift, or other consideration contingent upon or resulting from the award or making of this ,Agreement. I:or tlhe breach or violation of °he provision. tlhe CON I RAC I OR Bir,' Award Agnemen - - -- -- - - -- - agrees that the COl `N f l shall have the right Ni terminate this ;Agreement "Ahout liahiliIN an 1. at Its discretion, to onset from monies owed. or othertiv isc recover, the full amount of such lee. commission, percentage, gil or considcratiorl 1 �• NO PLEDGE OF CREDIT CONTRACTOR shall 'lot pledge the N 1 credit y y contract. debt, obligation. judo Or make it a n de h tntt'r (st p ayment or surety for ally - judgment, lien. or any form oI� i C ONTR AC "hOR further warrants and represents that it has no r>hli�a ndebtedness, would Impair its ability- to fulfill the terms o1 this contract. anon ��r Indebtedness that 16. NOTICE REQUIREMENT Any notice required or Permitted under this shall he in ��ritin�a and hand delilered or mailedt postage rece prepaid. to the ether pIut� hI cer�ificd mail_ returned ipt regueste.d. to the ti�llo� -ving: FOR 0 90 2 0A V onroc C ounty I acilities Maintenance Dep rnenI ;583 South RooSeVelt HouleNard Key I A' w. FA 33040 I=OR C UN I_I - 08: Sto ckton x1aintennm Group 1 975 S anbury's way. S 1 I t; A� est -Peri Beac F1. 3341 Doug Riordan, PresidentDwner and County Attorney PO. Box 10?h Key Wesi, Fl. 33041-102( 17. TAXES is exempt tram payment W 11orid<I State Sales and t Sc taxes. CONTRAC OJR shall not be exempted by virtue of the (AWN"I ) exemption Ihmi paving sales tax to its suppliers for materials used to tillfill its obligations under this contract. nor is COVI IZAC hOR authorized to use the C(WN VY l'Ix I-xemption Number in securm such materials. CONTRACTOR shall he responsible for any and all taxes. or paymnts of withholding. related to services rendered under this agreeinenr 1g• TERMINATION a. the COIWFY maN terminate this Agreejuellt \�ith (-)r with()ut cause pr,r >r to the coIIltneuccluclit of %w ork. b. The COUNT Y ur COQ "IRAC h )JZ IlKl terminate this agreement or cause "ith seven (7) days notice to CON YRAC I OR. Cause shall conswune a breach of the obligations of either pamy to perform the obligations enumerated under this Agreemem. C. f either Of the parties hereto may cancel this agreement without cause h, p-irl, the other party sixty 001 days written notice of its intention h) do so "ith neither party having any tbnher obligation under the term s nfthe contract upon tenninatiorl. Iy• GOVERNING LAW' VENUL INTERPRE "I'tk'I'ION. COS "hS _AND EELS I his Agreement shall be governed by and construed in accordance with the laws oi the State of Florida applicable to Agreer»ents made and to he performed entire)v in the State. In the event that anti cause of' action or administrative prOCCCding is instituted for the enforcement w interpretation of this Agreement, the COUNTY and CON "1 - RAU 1'OIZ agree that venue will lic in the appropriate court or before the appropriate administrative hods in Monroe Mum Florida. 20. MEDIATION The COt_'NTY and CONTRAC FOIZ agree that, in the d ent of conllictin'g interpretations of the terms or a term of this ;agreement by or bet"ecn any of them the issue shall be submitted to mediation prior to the institution of any Other administrati\ e of legal proeeeding. !Mediation proceedings initiated and conducted pursuant to this lgreentent shall he in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit Court of Monroe County. 21. SEVEI ABILITY If any term, covenant. condition or prov Wort (>f this Agreement (or the application thereof to any circumstance or person) shall he declared invalid or unenforceable to any extent by a court OV competent jurisdiction, the remaining tenw, covenants, conditions and pros isions Of this Aoreement. shall not be allected therehy: and each remaining term, covenant. condition and provision of this Agreement shall be valid and shall he enforceable to the fullest extent pert - pitted by low 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 COt IN and CON TRACTOR agree to reform the Agrecment to replace anv stricken provision with a valid provision that comes as M se as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COI `N FY and CONTRAC FOR 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 tees in NO trial and appellate proceedings. Each party agrees to pay its o�Nn court costs, investigativo and out -of - pocket expenses whether it is the preNniling party or not. through ail levels of the court System. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS Got I Y and CONTIZAC'1 OR a that all disputes and disagreements shall be attempted to be resolved by meet and conkr sessions between representatives of COL NTH' and CON fRAC 1'OR. If no resolution Call be agreed upon "ithin m day s alter 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 rcadVed to the satisfaction of C'Ot:NTY and CONTRACTOR, then any party shall have the right to seek such relief or renledN as may he provided by this or b� }Florida lavy . 24. COOPERATION B d Award Agnemerr -- -- -- — -- -- - — .9 ;r In the cent any administrative of Icgal hroceedmn 4 is instiiuted against either party relating to the formation. execution, performance- Or breach of tills - \ CO[ tNTY and CONTRACTOR agree to participate., to the extent required by the other party. in all proceedings, hearings, processes, meetings. and other act iv ties related to the substance of this A�recment nr p10vision of the services under this A�Ireement. COLN"11 andO C FRA( l'0R specif1caII agree that no party to this A�creenlent shall he required to enter into am arbitratiotl Proceed n , related to this Agreement. 25. BINDING EFFECT I11c terms, covenants, conditions, and prorisious of this Agreement shall hind and inure to the benefit of C(WNTY and CONTRACTOR and their respective !q- representatives, successors, and asslglls. 26. AG THORITY ludo party represents and vwarrants to t11e "thee that the cyecution, dehvery anti performance of this Agreement have been duly authorized hv_ X111 necessarw COL N'I Y ,uld corporatc action, as required by 27. CLAIMS FOR FEDERAL OR STATE AID CON FRACTOR and CMNTY agree that each shall he, and is, empowered to apple tor. seek, and ohtain federal and state fiends to further the purpose of this A,,regiment: provided that all applications, requests, grant proposals, and funding sulieitations shall be approved h� each party prior to suhmiss1011. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities front liahilit�. exenlpti�_,ns front laws. ordinances_ and rules and pensions and relief. dlsahility. workers' compensation. and other henctits which apply to the activity of officers, agents. or employees of an} puhlic agents or employees 01' the COUNI - Y, when performing their respective I unctions under this Agreement within the territorial limits of the ('01 'N FY shall apply to the same degree and extent to the performance of such functions and duties of stich officers, aoents. v Olunteers. 01 Cn1plOveCS outside t}1e territorial limits ol'the C( )I 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be consUucd as, retie% ' 1 110 any participating enti[w from any obligation or responsihility imposed upi,n the cntitw hN laic except to the extent Of actual and timely performance thereon any participating emit, ir, v%hich case the performance Inay he ot{ered in satisfaction of the obligation or responsibility. Curtner. this Agreement is not intended to, nor shall it he construed as, authori/inL1 the deleLIati011 of the C0l1St1tutiona1 or statutory duties of the COI A except to the extent permitted by the florida constitution. state statute, and case lacy. 30. NON - RELIANCE BY NON - PARTIES B o Award Agreement -- - — - - - - - - -- — - No person or entity shall he entitled to rely upon the terms. or :nly of them, Of this Agreement to enforce or attempt to enforce any third- art} claim or entitlement to or benefit of any sel� lee or pro,rarn contemplated hereunder. °lnd COt_'NTY and the CON 1 RAC IOR agree that neither the COUNTY nor the CDN 1 R U ( or any went. Officer, or employee ol either shall have the authority to inform. c(uulscl, or othrwrse Indicate that and particular individual or group of e indiViduals, entl1v or entities, have entitlements or benefits under this Agreement separate and apart, lilt criof to. Or superior to the community in general or for Purposes contemplated in this Agreement. the. 31. ATTESTATIONS CC)N hRACTOlZ agrees to execute such doCLllllents as the ('(_)t �N "1 �' may reasonahi� require. to include a Public l�;ntit. Crime Statement. an 1 Statement, and a Dru_-o -Fre �� orkplace Statement. 32 • NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant ur agreement of any' member. officer, agent or cmplON ce of �9onroc CoAtllty in his or her individual a capacity. arul no member. otlicer. �> > . cnt of entplOyec of Monroe (milt} shall he hablc personally on this Agreement or he subject to any personal hahility m accouratability by reason of the execution ( this Agreement. 33. EXEC'UT'ION IN COUNTERPARTS , I Iris agreement may he executed in any number of cOunterparts, each of which shall he regarded as an OI "lglllal, all of " which taken to,, ethcr Shall CullstIt[Ile ()Ile and the Same InStrulnellt. 34• SECTION HEADINGS Section headings halve been inserted in this ��areenlent rci as a matter of ci�n%enience of erence only, and it is agreed that such section headtn-Is are not a part of thi Mll not he used in th s :1�rreement and e interpretation ofany provision <�I�this ;���reenlcnt. 3 5• PUBLIC ENTITY CRIME INFORMATION STATEI'IENT "A person or affiliate vho has been placed on tIle Conv vendor list foilm HILT .a Conviction for a public entity crime may not submit a hid on a contract to provide an�� goods or services to a public entitN, Inav not submit a hid �.�n I1 contract with a public entity fin' the cmistructlon ��r repair Of a public huilding OF public witrk, nlav not suhllllt bids on leases (rf real property to a public entity, may not be awarded Or perform work as a Construction Managcr. supplier, suhColltraCtor. or consultant under a contract v\ any puhlic entity. and may not transact huslness "ith any Public Sectio entity in excess ot� the tlu�eshold amount prov ided in n ��7.(>1 e (or l, 1. l i st T Y I ll %O t�lr a period of -"O months frnn, the elate of� helm placed on the comicted vendor list 36. MUTUAL REVIEW This agreement has been carefully rc� iewed by Contractor Lind the County therefore. this agreement is not to be construed against either party ( "n the hasis ufauthorshI'll. Bid Award Agreement Ion)(( nih�r is lfiij INCORPORATION OFUID DoCUMWNYS 11 C '1 C I'll." Lill d C 0 11 J It I 011S 0 f the I'lld j(,.1CLI! I I c it c IT I Ct - 11 Ctj C n ( c C ao re el I c II I. 38. ANNUAL APPROPRIATION he County's Perf'Olmallcuand obIlLyati011 tH 11,1�; under this i s Cont (Y(:ITV g ,3T lapnuai ar propriatiori C the Board Of ( OLMI\ OMI'll 'IS'S 10fiel's, Iii the evcm that ti-le ( cuI I ; t1111(k on X\ hIch this , Agreement i, dependent are �N Ithdrawn- ihi-, A� 1s le' ji -ijjt� 11LIS no t'Urthcr Obih-ati011 Under the terms of thlS Agreellicill to the Golitl",-Iciot I t)c', 7 1currod hv th, dale \P'Y V i A I I "IcIl 3M Y0 i,cfi �Ih7L M Y� T E? %I N'l I N Z�UCSI Ntti I I J_' A VI I i Deput Clerk \ ONTR, W!"" Signature of person authorized Lo Auurcs:l Bia Awarc Agreeiner 'w\cm[ C1 '11