Item B21M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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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: B21
Agenda Item Summary #3372
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 Islamorada 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. provides janitorial services at the
Islamorada 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 for SMG to provide janitorial services for the
Islamorada 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 is advertised and a new contract awarded.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Third Amendment Agreement - Islamorada Library
Second Renewal Amendment
First Renewal Amendment
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: $5,205.30 — Fiscal Year 2018
Total Cost to County: $5,205.30 — Fiscal Year 2018
Current Year Portion: N/A - $5,205.30 — 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
$5,205.30
REVIEWED BY:
Patricia Eables
Completed
10/03/2017 1:38 PM
William DeSantis
Completed
10/03/2017 3:00 PM
Kevin Wilson
Completed
10/03/2017 3:06 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 8:28 PM
Board of County Commissioners
Pending
10/18/2017 9:00 AM
THIRD AMENDMENT AGREEMENT FOR
JANITORIAL SERVICES - ISLAMORADA 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 1975 Sansbury Way, Suite 116,
West Palm Beach, Florida 33411.
WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial
services for the IsIamorada 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
Islamorada Library remains per month at $867.55.
Except as set forth in paragraph lof 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.
'third Amendment Agreement Page 1 of 2 October 18, 2017
(SEAL)
Attest: KEVIN MADOK, CLERK
By:
Deputy Clerk
Date:
Wit sses for -.RACTOR:
i ignature
PrintSO Name and Date
Sig
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Printed Name and Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Date:
Mayor
CONTRACTOR:
STOCKTON MAINTENANCE GROUP, INC.
Signatu of person authorized to
legally bind Corporation
Date: /D /3 // 7
Print Name and Title
Address: ,'/ 3
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Telephone Number
MONROE COUNTY ATTORNEY'S OFFICE
OPROVHD AS
PATRICIA EABLES
ASSISTAf
4T COVNTY ATTORNEY
Third Amendment Agreement Page 2 of 2 October 18, 2017
5d
SECOND RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
Sec nd Renewal Amendment Agreement is made and entered into this kd day of
✓ 2016, between MONROE COUNTY, FLORIDA ( "COUNTY" f , 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 Islamorada 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 b utually 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:
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 Islamorada Library from $861.52 per month to $867.55
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.
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
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.
Second Renewal Amendment Agreement- Islamorada Library November 22 2016
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
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470
Second Renewal Amendment Agreement - Islamorada Library November 22 2016
BRADLEY- BRIANna,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 111112 1 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.
Deputy
WHEREOF, the parties hereto have set their hands and seals the day and year first above
BOARD OF COUNTY COMMISSIONERS
OF M NROE CO Y, FLORIDAL
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Mayor
Date: tl! 2. - X /2- 1 �
CONTRACTOR:
STOCKTON MAINTENANCE GROUP, INC
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Second Renewal Amendment Agreement- Islamorada Library November 22 2016
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This First Renewal Amendment Agreement is made and entered into this I q i'/) day of
tdc� �f km 96\ —, 2015, between MONROE COUNTY, FLORIDA ("COUNTY"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
and Stockton Maintenance Group, Inc. (SMG) ("CONTRACTOR"), a Florida corporation, whose
address 1975 Sansbury Way, Suite 116, West Palm Beach, FL 3341
WHEREAS, on November 18, 2014, the parties entered into an agreement to provide janitorial
services for the Islamorada Library, Monroe County (hereinafter "Original Agreement"); and
1111
WHEREAS, the parties find that it would be mutually beneficial to enter into this First Renewal
Amendment Agreement; n o w t herefore
NOW, THEREFORE, NOW THEREFORE, IN CONSIDERATION of the mutual promises
and covenants set forth below, the parties agree as follows:
AVILIN, CLERK
BOARD OF COUN COMMISSIONER
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OF MONOE COUN I I'Y F RI
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Mayor I V I
Date:
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Witnesses for CONTRACTOR:
Signa&we %ILL
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Pri 'c Name and ,03tte
/I ignature
Printed Name and Date
Address: Stockton Maintenance
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1975 Sansbury's Way, Suite 116
Telephone Number
First Renewal Amendment Agreement-islamorada Library November 17 2015
BID AWARD AGREEMENT FOR
JANITORIAL SERVICES - ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this ? day of -. , 2014, 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
1975 Sansbury Way, Suite 116, West Palm Beach, FL 33411.
WHEREAS, COUNTY desires to provide janitorial services for ISLAMORADA
LIBRARY, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
ISLAMORADA LIBRARY, Monroe County, Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to ISLAMORADA LIBRARY, Monroe County, Florida, 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, the bid documents, exhibits, and any addenda
only.
2. SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, tools, transportation,
services, and incidentals, to perform all the work necessary in accordance with the specifications,
i.e., janitorial service, including all necessary supplies, equipment, and safety devices required in
the performance of same for the ISLAMORADA LIBRARY, located at 2331 Overseas
Highway, Islamorada, Florida, consisting of approximately 5,699 sf.
A. Restroom Sanitation shall include the following on a daily basis:
i. All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
iii. Stall partitions damp cleaned.
iv. All commodes, urinals, basins and vanities shall be scoured and
disinfected.
V. All urinal traps shall be specially cleaned and disinfected.
vi. All sanitary napkin receptacles will be cleaned, waste disposed, and
disinfected.
vii. All supplies shall be replaced (paper goods, soap, etc.).
viii. All other work necessary to maintain a clean and sanitary condition in these
restrooms shall be accomplished, whether it is specifically noted in these
specifications or not.
Bid Award Agreement 1 BOCC November 18 2014
NOTE: ISLAMORADA LIBRARY has 1 male public restroom with 2 toilets and 1
urinal, and 1 female public restroom with 3 toilets.
B. All sinks and water fountains outside the restroom areas are to be cleaned daily.
Water fountains are to be polished periodically.
C. General Cleaning shall be completed daily, and should include the following:
i. All tile floors are to be dusted and mopped.
ii. All furniture and furnishings to be dusted and spot cleaned.
iii. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with
a damp cloth to reduce the amount of dust in the building.
iv. All trash receptacles emptied, and trash can liners replaced.
V. All upholster furniture to be vacuumed.
vi. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as
the Oreck.
D. Weekly janitorial services to include:
i. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or
polished.
ii. Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents cleaned.
E. Monthly janitorial services to include:
i. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.)
ii. All walls dusted monthly
iii. All air conditioning vents, supply and return 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 will be 5 days a week, Monday thru Friday (excluding
holidays), anytime between the hours of 8:00 pm on Tuesday, and 6:00 p.m. Monday,
Wednesday, Thursday and Friday, with completion before 9:30 a.m.
H. Coordination of the work with the County area representative shall be the
responsibility of the Contractor. The Contractor shall perform the work during hours and time as
specified.
I. Keys shall be issued to the Contractor by the area representative at the start of the
Contract. Written confirmation of receipt of keys shall be signed by the Contractor. The
Contractor shall return all keys as issued upon expiration of the contract or termination.
J. The Contractor shall be responsible for the cost of changing locks, etc., for all
keyed secured areas for which the Contractor does not return the keys.
K. The Contractor shall report any problems regarding open doors and /or vandalism
to the Facilities Maintenance Department.
L. The Contractor shall provide 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
Bid Award Agreement 2 BOCC November 18 2014
equipped with paper towel and toilet paper dispensers. The contractor shall maintain stock in`
each facility in an amount sufficient to last through the next cleaning day.
M. Additional Services: (Shall be performed once in every three month period, and
shall be included in the bidding price.)
i. Resilient Flooring shall be swept/dust mopped and stripped. After
application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and
uniform sheen from wall to wall, including corners. The waxed floor shall present a clean
appearance free from scuff marks or dirt smears. Furniture and /or other equipment moved
during floor stripping and waxing shall be returned to their original positions.
ii. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be
vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and
spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or
shampooing.
N. Inspection of Work: Random inspections shall be performed by County
Representatives from the Public Works /Engineering Division administering the contracts.
Deficiencies shall be corrected within a twenty -four (24) hour period of notification to the
contractor. Failure of the contractor to correct such deficiencies shall result in prorated
deduction from the monthly invoice.
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. COUNTY shall
pay in accordance with the Florida Local Government Prompt Payment Act; payment will be
made after delivery and inspection by COUNTY and upon submission of a proper invoice by
CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and regulations
as may govern the Clerk's disbursal of funds. The Contract amount shall be as stated by the
CONTRACTOR's bid as follows: Eight Hundred Fifty Four and 68 /100 - - -- Dollars ($854.68)
per month.
4. TERM OF AGREEMENT
This Agreement shall commence on December 01, 2014 and ends upon November 30,
2015 unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional 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 one
(1) year.
The Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index (CPI -U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI -U computation
at December 31 of the previous year.
Bid Award Agreement 3 BOCC November 18 2014
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
Pursuant to Florida Statute § 119.070 1, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that does
not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon
termination of this Agreement and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to Monroe County in a format
that is compatible with the information technology systems of Monroe County.
The County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
Bid Award Agreement 4 BOCC November 18 2014
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of CONTRACTOR or any of its employees, agents, sub - contractors or other invitees
during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub - contractors or other invitees, or (C)
CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms
of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of
the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs
or expenses relate to events or circumstances that occur during the term of this AGREEMENT,
this section will survive the expiration of the term of this AGREEMENT or any earlier
termination of this AGREEMENT.
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.
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 LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with
limits of not less than $ 100.000.00 bodily injury by accident, $ 500,000.00 bodily injury by
disease, and $ 100,000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no -fault coverage, with limits of liability of not less than
$100.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. If single limits are provided, the minimum acceptable limits are $ 100,000.0
per person, S 300,000-00 per occurrence, and $ 50.000.00 property damage. 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 $ 300.000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE
DISHONESTY INSURANCE in the minimum amount of $ 10, 000.00 per Occurrence which will
pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractor's employees or its agents, whether acting alone or in collusion of others.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY within fifteen (15) days of the award of Bid 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. Monroe County shall be named as an additional insured on the Vehicle Liability and
Commercial General Liability insurance. If requested by the County Administrator, the
Bid Award Agreement 5 BOCC November 18 2014
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. 768.28, 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
contractor 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 find CONTRACTOR or any of
his employees, subs, servants, or agents to be employees of the Board of County Commissioners
of Monroe County.
11. NONDISCRIMINATION
CONTRACTOR agrees 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 action
on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title 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 USC ss. 690dd -3 and
290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of 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, which approval shall be subject to such conditions and
Bid Award Agreement 6 BOCC November 18 2014
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 additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS
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
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.
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:
Bid Award Agreement 7 BOCC November 18 2014
FOR COUNTY
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, Fl. 33040
and
County Attorney
PO. Box 1026
Key West, FL 33041 -1026
17. TAXES
FOR CONTRACTOR
Stockton Maintenance Group
1975 Sansbury s Way, Suite 116
West Palm Beach, FL 33411
Doug Riordan, President/Owner
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
A. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
B. 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.
C. 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 with neither party having any
further obligation under the term s of the contract upon termination.
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.
Bid Award Agreement 8 BOCC November 18 2014
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.
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 in both trial and 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 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.
Bid Award Agreement 9 BOCC November 18 2014
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.
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 RESPONSIBILITIES
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 otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
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.
Bid Award Agreement 10 BOCC November 18 2014
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.
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 the parties hereto may execute this Agreement by signing 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.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Construction Manager,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
38. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the County
funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and
the County has no further obligation under the terms of this Agreement to the Contractor beyond
that already incurred by the termination date.
Bid Award Agreement 11 BOCC November 18 2014
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: AMY HEAVILIN, CLERK
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Deputy Clerk
Date: NOV
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
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Witnesses for CONTRACTOR:
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Bid Award Agreement 12 BOCC November 18 2014