Item F37BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.37
Agenda Item Summary #2347
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
None
AGENDA ITEM WORDING: Approval of Second Renewal Amendment Agreement with
Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Big Pine Key Library at
$632.36 per month extending the term to November 30, 2017.
ITEM BACKGROUND: On November 18, 2014, the BOCC approved a bid award agreement
with Stockton Maintenance Group (SMG) for janitorial services at the Big Pine Key Library. On
November 17, 2015, the BOCC approved the first renewal amendment agreement extending the term
to November 30, 2016.
PREVIOUS RELEVANT BOCC ACTION: Bid award BOCC approved on November 18, 2014.
On November 17, 2015, the BOCC approved the first renewal amendment agreement.
CONTRACT /AGREEMENT CHANGES:
Contract will commence December 1, 2016, and terminate November 30, 2017; monthly fees will
increase by .7 %, the CPI -U at December 31, 2015. 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.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
111814_BPK Janitorial _Bid Award Contract _Exec F -31
111715_ Executed_Ist Renewal_SMG_BPK Library_Item F -27
Stockton Maintenance - Janitorial Services BPK Library (final legal approved)
FINANCIAL IMPACT:
Effective Date: December 01, 2016
Expiration Date: November 30, 2017
Total Dollar Value of Contract: $7,588.32
Total Cost to County: $7,588.32
Current Year Portion: $6,323.60
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: No
County Match: No
Insurance Required: Yes
Additional Details:
If yes, amount:
11/22/16 001 -20501 - FACILITIES MAINTENANCE
$7,588.32
REVIEWED BY:
Doug Sposito
Completed
11/03/2016 3:45 PM
Patricia Eables
Completed
11/03/2016 5:08 PM
Budget and Finance
Completed
11/04/2016 10:17 AM
Maria Slavik
Completed
11/04/2016 10:23 AM
Kathy Peters
Completed
11/04/2016 1:16 PM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
BID AWARD AGREEMENTFOR
JANITORIAL SERVICES - BIG PIXE KEN 1,1131;UkRY
MONROE COUXTY, FLORIDA
'11'ris Agreement is e e �-44,
made mid enwr d into this
day of AJ��J bet
M ween
ONROE, C0(jNj'j,y, FLORIDA ("C0UN`1'Y")_,a 2014,
whose a dd ress k political subdivision. of tile State of Florida,
I - 1100 Simonton Street, Key West, Florida 33040, and Stockton
Maintenance Group, Inc. (SMG) ("CONTRACTO a fi'lorkla corporation,
1975 Sansbury Way, uit ] Se 1 6, West Palm Beach, Fl, 3 3 41 wbose address
WfIEREAS, CO(J"N"I""Y desires t provide jariltorial services k0l BIG PfNl� KE'Y
1:., .111I .Ry`, Monroe County, Floricla, and
WHEREAS, CONTRACTOR desires and is able to providejanitonal services to BIG
PINE KEYLIBRARX, Monroe Counly, Florida; and
WME , it serves a legitirnate public PUrPOse for CONTRACTOR to provide
Janitorial services to BIG PfNE KEY LIBRARY, Monrise County, Florida, now therefore,
IN CONSIDERATION of the mutual prornises and coveriants contained herein. it is
agreed as fbljows-
L IT ILE _AG R�IE
E M '
Ej
The Agreernexit c(.
olfly oful s doe r rrt, th. b d dOCUrnents, exhibits, and any adidenda
2. S("OPE OF I HE WoRnm�
The Contractor shall furnish all labor, materials, t tools, transportation,
services, atad incidentals, to perfiorm all'the Work necessary in accordance with the s ecific ns
atio,
i.e., janitorial set includng a
ill n ar ti
ecessy �- - V me P
, ppli es, eQUipnt, and safety devices required in
the performance of same l'or the BIG PINE , KEY L,14RARY, located at Big Pine Shoppirig
Center, consistIng of approximately 2,400 sf
A� Restroorn Sanitation shall include the follow'
ing on a daily basis:
i, Ali 1 swept, loose dirfremoved,
ii, Watih and disjnfe t floor
Iii- Stall partifions darrip cleaned.
iv ll coinmodes, tn basins and vanities stiall be scoured and
disinfected,
V. All, u6tial traps shall be specially cleaned and dislnf�ctedf,
Vj" All sanitary napkin receptacles wifli be cleaned, waste disposed, and
disinfecte&
ViL All supplies shall be replaced (l)aper goods, soap, etc,).
&d Award Agreement 130CC - Novernber Is 20) 4
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 riot,
an BIG PINE KEY LIBRARY has j rnale public r1estroom with I 1 1101let and I unnal,
and I female public restroom with 2 toilets,
B. All sinks mid water fountains outside the restrootai areas are to be cleaned daily,
Water R- are to be polished periodic all3
cl. General Cleaning shall be cornpleted daily, and should include the following:
1. All the floors are to be dusted arid mopped,
All furniture arid furnishings to be dusted and spot cleaned,
Hi, Low ledges, sills, rails, tables., sheivi baseboards, etc. to be wiped will)
a damp cloth to reduce the arriount ot'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 N!acuumed with a powerfiil HEPA VaCLIUrn, such as
the Oreck,
1), Weekly janitorial services to Include:
All glass partitions, doors, mirrors, windows, etc, to be cleaned and/or
polished.
iL Obvious scuff marks shall be removed lrom resilient flooring,
All door vents cleaned and 2 book returns dusted and damp wiped.
E, MonthlyJanitorial service t iriciude�
i. All high dusting (i.e, pictures, door frames, air vents,, tops of'book shelves, etc,)
All walls arid venetian blinds dusted morittily
All. air corrditioningvents, supply arid return air grilles clearted.
F The Contractor shall insure all exterior doors are locked while they are servic'
the building and upon their departure.
I ing
(3. Janitorial services will be 5 days a week, Ttiesda th•OUgh Friday (excludino
holidays), beginning at or arOUnd 8M aria, and finishing no later than the :Library opening nine
of 9:30 a,m
1 J. Coordination of the work with the County area represerftative shall b th
responsibility cif the Contractor, Tfie Contractor shall perform the work (luring hours and time as
specified.
1. Keys shall be issuecl to the Contractor by ttic area representative at the start of" the
Contract, Written confirt of receipt of keys shall be signed by the Contractor. The
Contractor shall return all keys as issued upon expir oftlie contract or tern
'I, The (.."ontractor shall be responsible for ithe cost of changing locks, e t c. , for all
keyed secured areas for which the Contractor does not retUT.'r) the keys.
Bid Award Agreement 2 BOCC - Novennixr 18 7O 1,1
K, The Conti shall report any problems regan.fi ng open doors arid/or vandalisrn
to the Facilities Manitenance Deli artni ent,
L. The (-',ontractor shall provide all supplies necessary for the cleaning performance
of his work under the coritract. All supplies, including but not limited to, hand soap, paper
towels, toilet paper, and trash can liners, shall be supplied by the Contractor, Restroorns are
e(, with paper towel and toilet paper dispensers, The contractor shall rnaintain stock in
each facility in an arnount sufficient to last through the next cleaning day.
M dditional Services: (Shal.1 be perfbrnacd one-, in every three month period, and
shall be Included in the bidding price.)
il Resilient Flooring shall be swept/dust mopped and stripped, After
application of tl coats of wax, areas shall be bufled sufficiently for inaximunr gloss and
uniform sheen from wall to wall, Including corners, "I'he waxed floor shall present a clear)
appeararrce fi , ee from scuff marks or dirt smears. Furniture and/or other equipmerit moved
during floor stripping and waxing shall be returned to their original positions.
1. Dry (1 1 .1eaning, Stearn ('leaning, or Sharripooing Carpets and Riigs shall be
C1, -
vacuumed of all loose soil arid debris prior to cleaning, arid shall be free of streaks, stains, and
spots, arid shall have a, bright unif'orm color upon completion of dry cleanin , stearri cleaning or
9
shampooing,
N. Inspection of Work- Random inspections shall be performed by COUnty
Representatives from the Public Works/ Engineering Divislon 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 CONTIUWTOR
A, CO I )NT"I"Y'S performance and obligation to pay under this agre✓nrent, is
contingent, upon annual appropriation by the Board ofCotinty Corinnissioners. C'Ot.-INTY shall
pay in accordance with the Florida. Local Government Prompt Payment Act" payment will be
made after delivery arid inspection by COUINTY and upon subrii-ission of a proper invoice by
CONTRACIOR,
B, CONTRACTOR shall subn:nt to Cot, 1 NTY 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 arid such laws, rules and regulations
as rnay govern the Clerk.s disbursal of funds. The Contract amount shall be as stated by the
('.'0N'l7RA(-`T0R's bid as follows: Six Hundred Twenty Two and 97/100-----Dollars ($622.97)
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 Agreernent,
The CO ( JNTY shall have the option to renew this Agreernent for up to art additional two
(2) one year periods at terms and conditions Inutually agreeable to the parties, exercisable upon
- u
--
Bid Award Agreement 3 1300 C.' Noveniha 18 2of,41
written notice given at least 30 days prior to the end offthe initial terrii. Unless the context clearly
indicates otherwise., ret'crences to the "'teri-ri" of'thi Agreerrierit shall rnean the initial term of one
(1) year,
"I lac Contract amount may be adjusted annually in accordance with the percentage chaiage
in the U, S, Departure nt of Cornmerce Consurnei- Price Index (CPI-T J) for all tirban Consumers as
reported by the U, S. Bureau of Labor Statistics and shall be based upon the CPJ- computation
at December 3 ) 1 ofthe previous year,
5. ACCIliTTANCE OF' C'ONDIT102j,�
__Y CONTI", CTO
CONTRACTOR has, and shall mairitain througl-iotit the tern) of this Agreement,
appropriate licenses. Proof o.f` s licenscs and approvals shall be subri to the COt NTY
upon request,
6. FLN RECO RD S_! C;()N:r" R.ACTQR
C0N .AC , r0R shall irraintain all books, records, and docurrients directly pertinent to
perf6rinance under this Agreement in accordance with generally accepted accountin g principles
consistently applied, Each party to this Agreerrient or their a�itl represeritatives shall have
reasonable and tiniel y access to such records of each other party to this Agreement for public
records purposes during the term ofthe Agreement and for f6ur years following the termination
of this Agreennent. If an auditor employed by the COUNTY or Clerk determines that monies
paid to ( pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRA(JOR shall repav the rrionies together with interest, calculated
pursuant to Sec. 5 FS, runiting from the date the monies were paid to CONTRACTOR.
7. PL A(CESS
Pursuant to I"'Jorida Statute § 119,070 1,
, Contractor and its Subcontractors shall comply with all
public records laws ofthe State of Florida, including but nor limited to:
(a) Keep and rnaintain Public records that ordinarily and necessarily would be
required by Monyoe County Ill the performance of this Agreetrierit,
(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, (.Jiapter 119 or as otherwise
pro by law,
(c) Ensure that public records that are exerript or confidential and exempt frorri
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements R.)r retaining public records and transicr, at no cost. to
Monroe Coanty all PLiblic records in possession of' the contractor' u pon
termination of &s Agreement and destroy any duplicate p(,rbfic records that Eire
exetript or confidential and exerript from public records disclosure requirements.
rements.
All records stored electronically must be provided to Monroe County in as format
that is compatible with the Information technology systerns of'Monroe County,
The County shall have the right to unilaterally cancel this Agreerrient upon violation of dils
provision by Contractor'.
8. R-Oh-1) — HAIIMLESS AND V�S!J�AINCE
Bid Award Agreement 4 BO(X: - Novernber IS 2() 14
I
'Notwithstanding any nrinimurn insurance requirements Prescribed elsewhere in this
agreenient, Contractor shall defend, indemnify and field the c,0UN'rY and the COUNTY
elected and appointed Officers and employees harmless ffi)rn and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proc'eedings, , or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, arid (iii) any costs or expenses that ritay be asserted against, initiated with
.respect to or sustained by arty inderrinified party by reason of' or in conne with.. (A) any
activity ofCON FRACTOR. or any of' its employees, agents, sub-contractors or other invitees
during the term of this A(3R.E (14) the negligence or willful rnisconduct of
CONTR IBC "FOR. or any of its employees, agents, sub-contractors or other invitees, or (C)
C0NTRA,(.',','f(.)R,' default in. respect of any of the obligations that it undertakes under the terius
of this :fit JREEMENT, except to the extent the clairris, actions,, causes of' action, litigation,
proceedings, costs or expenses arise frorn the iritentional or sole negligent acts or o , rrissio of
the C0tJNTY or any Of its employees, agents, contractors or invitees (other than
(:;ONTRACTOR). Insofar as the clairns,, act' O ns, 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 [his AGREEMENT or any earlier"
termination of this AGR.EEMENT,
The extent of' liability is in no way lu to, reduced., or lessened by the insurance
requirements contained elsewhere within this agreerrient, Failure of COYFRACTOR to cornply
with the requiren'rents of this section shall be cause for Irramediate termination of this agree in ent,
Prior to execution of this agreement, (_'0NTRACTOR_ shall furnish the COUNTY
(-'ertificates of Insurance indicating the rninimuni coverage firriltations in th following aniounts:
WORKERS COMPENSATION ANI..) EMPLOYER'S 1, INST-)RANCE, Where
J
applicable, coverage to apply for all employees at a minitriurn statutory limits as required by
Florida Law, In addition. the CONTF, shall obtain Employers" Liability Insurance with
limits of not less than 5100 000. 0 bodfly by accident, S.L0 1 bodily 'rijury by
I I L_ 1 1,
disease, and $1_0,_&j
0 -IQ bodily inJury by disease, each employee,
COMPREHE'NSIVE AUTOMOBILE VEHICLE LIABILITY INS(,) RANCE,
Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $
per occurrence, con single limit for Bodily Injury Liability
and Property Damage Liability, if single limits are provided, the minimum acceptable limits are
SEAL-00-0,0 per person, $3 00, 0 per Occurrence, and S,50�)
0 property damage,
Coverage shall include all owned vc_hT_c all non-owned vehicles, and all hired vehicles,
COMMERCIAL GENERAL LIABILITY
Con general liability coverage with limits of liability of'riot less than $30) (00.00 per
I nit fo
occurrence combined single li , r Bodilr i rjjury Liability and Property Damage'Liability
The Contractor shall purchase and t'naintain, throughout the terra of." the contract, EMPLOYEE
DISHOME'STY INSURANCE in the MirurnUm arnount of V0,_QQQ(L0 per Occurrence which will
Bid Award Agreernem 5 130CC November 18 2014
pay for losses to County property or money caused by tile fraudulent or dishonest acts of' the
Contractor's employees or its agents, whether acting alone or it' collusion of others,
MONWOE COUNTY BOARD Of ' C COAlAILS,VIONERS AIUST BE YVAAIIED
ADDITIONAL INSURED OJVALL POLICIES EXCEPT WORKER C,041ppAfsA I'I()-/V.
CERTIFICATES OFINSIJI�.ANCE
Original Certificates ofliasurance shall be provided to the C01_JN1`Y within fifteen (15) days of
the award of 1 and certified copies provided if requested. f,�ach policy certificate shall be
endorsed with a provisiorl that not less than thirty (30) calendar days' w"
ritten notice shall be
provided to the C ' 01JNTY before any policy or coverage is canceled or restricted. The
Underwriter of such insurance shall be qualified to do bLisiness in the State offIlorida, Monroe
County shall be named as an additional insured on the Vehicle L I ability and Commercial General
Liability insurance, if requested by the County Adniinistrator, the insurance coverage shall be
primary insurance with respect to the COUNI` , its officials, ernployees, agents and 'volunteers.
9. NON-WAIVER OF MI IUNITV
Notwithstanding the provisions of Sec 768,28, Florida Statutes, the participation. of
COUNTY and CONTRA.C in this Agreenlent and the acClUiSition of any couirnercial
liability insurance coverage, ;self - insurance coverage, or local government liability insurarice
pool coverage shall not be deerned a waiver of` imiriunity to the extent of liability coverage,, nor
shall ari Agreement entered into by the C'OUNTY be required to corit
waiver. ain any prov) 1 for
10 jD,EPEND,F`NT CO ' LZ .A Gr()jj
U- - �U(W� _
At all tunes and for all Purposes under this agreement C'ONTRA(;:TOIZ is an independent
contractor and not an employee of the Board ofCourity ("
I ,ornmissioners of Monroe County No
statement contained in this agreement shall be construed
ed so as to find ONTRACTOR or aria of
his employees,
. subcontractors, servants, or agents to be employees of' the Board of' County
Commissioners of Monroe County,
11. NONDISCRIMINATION
CONTRACTOR agrees that there will be no discriannation against any person, and it JS
expressly understood that upon a determination by a court of competent jurisdiction. that
discrimination has occurred, this Agreement autornatt terminates w any furtlier action.
on the part ofany party, effective the elate of the court order, CONTRAC agrees to comply
with all Federal and Florida statutes, and afl, local ardinances, as applicable, relating to
nondiscrimination. These include bUt are not limited to 1 ) Title VI of the ( 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 AT.Yiendment of 1972, as amended (20 USC ss. 1(S 81-1683, and 1685-
1686). which prohibits discrinaination oil the basis of sex; 3) Section 504 of the Rehabilitat l
Act of 1973, as amended (20 U'S( s. 794), which prohibits discrimination on the basl s o1
handicaps; 4) The Age Discrimination Act of 1975, as amended ('42 LISC ss. 6101-6107 which
prohibits discrimination on
I , the basis of age, 5) The Drug Abuse Office and Treatryiew Act of
1972 (PI, 92-255), as amended, relating to nondiscrimination on the basis of drug abuse, 6) The
Comprehensive Alcohol Abuse and Alcoholisin Preventiori, 'rreatinent and fZeliabilitatiori Act of
Bid Award Agreement .. ..... . . . . ..... 1111-1-1. 6 -1 . . ...... . - - ------- - -
HOC V- Novembei 1� 2014
1970 (I'L 91•616), as amended, relating to nondiscrUnination on the basis of alcohol abuse, or
alcoholisin; 7) The Public Health Service Act of' 1912, ss, 523 and 527 (42 USC ss. 690dd-3 and
29(lce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIlf of the Civil Rights Act of 1968 (42 USC s, et seq.), as ainended, relating to
nondiscrit'nination in the sale, rental or financing of" hc)usin& 9) The Americans with Disabilities
Act of 1990 (42 LjSC 1201 Note), as maybe arnerid from time to time, relating to
nondiscrimination on the basis of disability, 10) Any other nondiscrinjination provisions in any
Federal or state statutes which may apply to C(JNTY and C A
ON1RCTOR to. o e SU
r the of, this Agreement. ject
12. ASS1GNMENT/SUB('
0 T
CONTRAcrOR shall not assign or stibcontract its obfigations Linder this agreement to
others, except in writing and with the prior written approval of the Board of' County
Commissioners of Monroe Courny, which approval shall be suh
ject tra suc corlditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by ref"erence
into any assignment or Subcontract and any assignee or subcontractor shall comply with all of the
provisions of` this ag•eerrient, Unless expressly provided for therein, such approval shall in no
manner or event be deerned to impose any additional obligation upon the board.
13. COM AN - '
W ". '(-)
e � 'i( � 't��tte
u � e
In pro 'idi s 'I
by all laws o F dera� and nt, CONTRACTOR shall ablde
I thL provislo f es arid regulations pertaining to,
or regulating in- us o
I phan �L now In effect and hereinaft er
n c " Nvltl, 1 11 Id
ws
adopted, Comp ance with all laws includes, but is not lintitecd to, the in laws of the.
Federal and State government, Any violation of said statutes, ordinances, rules arid regulations
shall constitute as material breach of this agreement and shall entitle the Board to terminate this
Agreernent, CONTRAUl"OR shall possess proper licenses to perf6rin work in accordance with
these specificatioris throughout the te•rn of this Agree.nient,
14. DISCLOSURE AND C'ONFUCT OF INTLEREI�f
CON'TRACTOR represents that it, its directors, principles and employees. pi have,; - esently
no interest and shall acquire no interest, ether direct or indirect, which would conflict in any
manner with the performance of services reqiii•ed by this c(ctntract, as provided in Sect, 112,311
et. seq., Florida Statutes. ("OUNTY agrecs that officers arid ernployces of the CO(JNTY
recognize and will be required to comply with the standards of conduct for public officers arid
employees as delineated in Section 112,31), Florida Statutes, regarding, but not firnited to,
solicitation or acceptance of 9f doing business with one's agency
, ; Unauthorized
compensation; misuse of public position, conflicting eniployinent or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONTRAC"fOR warrant that, in respect to itself it has neither employed
nor retained any company or person, other than a bona fide employee w0d(irg solely for it', to
solicit Or' secure this Agre arid that it Iias not paid or agreed '
to pay any person, company,
corporation, individual., or firrn, other than a bona fide ernplovee working; solely for it, any fee,
corninission, percentage, gift, or I other consideration contingent upon or resulting fi-orn the award
or ritaking offlus Agreement, f, or the breach or violation of the provision, the CONTRACTOR
Bid Awird Agreement . . ........ . ....
7 POCC- NovembcrJ8 2014
agrees that the Co( TNT' fy I ,
shall have the right to terjnin�are this Agreement witll()Ljt liability and,
at its discretion, to offset from monies owed, or otherwise recover, the fu wriourlt 0f'SUch fee,
Corturlissl0n, percentage, gift. or coils 1 dera [Jon
1 5� NO PLEDGE OF'
LRF'Qfr
CONTIZACTOR. shall riot pledge the COTUNTY"S credit or oriake it a gluarantor of
payment or suret for any contrrict, debt, Obligation, judgment, lien, or airy form of indebtedness,
CONTRAC'FOR further warrants and represents that it has no) obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
N 12 11 1,�L
j Q
Ally notice required or permuted under this agreement, shall be in writtrig and hand
delivered or marled, postage prepaid, to the other Party by certified mail, returned recleipt
requested, to the following:
EQRSQu- 1 ' Y:
Jklonroe County
Facilities Maintenance Department
3593 South Roosevelt Boulevard
Key West, f , I 1, 33040
LS-t-Q(Lk-L()n-!Akwten cgs�
qn2 j ro g p -
. S sbu 'kq
— 9!2 LYL-s� _y�,�_qite 116
�K L`dj21-D- 33�U L
Doug Riordan, President /Owner
M
County Attorney
PO, Box 1026
Key West, FT, 33041-1026
17a T A X E
COUN'ry is eMxculpt from payment of Florida State Sales and Use taxes,
CONTRACI i ts shall riot be exempted by ViitUe of' the CO[Nryl em
,�, exption frofrom 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 'lax Exemption Nuixiber in securi . rig such
materials, CON7RACTOR shall be responsible for any and all taxes, or payments of
withhold ing, related to services rendered under this agreement.
IS. TLJ
a. The COUNIN may terminate this Agreernent will or without cause prior to the
commencement of work.
b The COUNTY Or '0NTRAC'j'(,)R rrim tern this Agreement for cause with
seven (7) days notice to COMYRACTOR, Cause Shall constitute a breach of [fie obligations of
either party to pert the obligations enumerated under this Agreernent,
C. Either of the parties hereto may cancel this agreernerit without cause by giving file
other party sixty (60) days written notice of its intent to do so with neither party fiaving any
further obligation under the terra s ofthe contract upon termination.
.A1E1RN1NC.J,AW,,-YENUE iNn"RPREI'ATION
Bid Award Agreement 8 - . . .....
1,30C(Z - November 18 2014
'This Agreement shall be governed by and construed in, accordance with the laws of the
State of Florida applicable to Agreernerits inade and to be perf"61 entirely in, the State. In the
event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretatiOD of this Agreement,, the COUNTY and CONTRACTOR agree that veritie will lie In
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
X mr
, rhe C0'(JNTY and CONTRACTOR agree that, in tire event of conflicting interpretations
of` the terms or a tern -.r ofthis Agreement by or bet veen any of them the issue shall be submi
to mediation prior to the institution of" any other administrative or legal proceeding, Mediation
proceedings initiated and conducted pursuant to this Agreertient shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County,
21. SEV,k�',RAIJJ, TV
If any terni, covenant, condition or provision of this Agreement (or the aPplication
thereof to any circurristance or person) shall be declared invalid or unenforceable to any extent
by a court of'corripetent jurisdiction, the rernaming termS., covenants, conditions and provisions
of` this Agreernent, shall not be al'fected thereby; and each remaining terni, covenant, condition
and provision of this Agreement shall be valid and shall be ord"orccable the fullest extent
permitted by law unless the errrorcenient of the renraining terms, covenants, conditions and
provisions of this Agreement 'would prevent diet accornplis of' the original intent of` this
Agreement. The COTJNTY and CONTRACTOR agree to reform the Agreement to replace any
stricken provision with a valid provision that coines as close as possible to the Intent of thc
stricken provision,
21 A"j"rORNEYS FEES AND COSTS
COUN"I"Y and CONTRACTOR agree that in the event any cause of acti or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreernenr, 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 c
investigative, and out -o f- pocket expenses whether it is the prevailing party or riot, through all
levels of the court systeirl,
23, ADJUDICATION OF DISPUTES Oil DISAGR MENTS
("'OUNTY and CONTRACT'OR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of COUNTY and
CON"IRACTCFTC. If" no resolution
, can be as 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
(',','orrin If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRA.CTOR, then any party shall have the right to seek such relief or re-me d as may be
provided by this Agreement or by Florida law,
24. COOPERATION
– -- — ------ -1-1111-1— ....... - ------ ---
Bid Award Agreement 9 BOCC - Nbveniber 18 2014
In the event any, administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreeni,crit, COUNTY and
CONTRACTOR agree to participate I , to the extent ' required by the other 1:)arty, in all proceedings,
heari ' ngs , processes, meetings, and other activities related to the substance o'f'this Agreement or
provision of the services Under this Agreement. COUNTY and CONTRAC]"OR specit"ically
agree that no party to this Agreement shall be reClUIred to enter into any arbitration proceedings
related to this Agreement.
25. BINDING EFFE CT
_G
I'lle tetras, covenants, conditions, and provisions of this Agreernent shall bind and inure
to the benefit of COUNTY and CON'rRACTOR and their respective legal representatives,
successors,, and assigns,
26, AU11-11ORITY
Each party represents and warrants to the other that the eXeCL16011, delivery and
S
Pe of this Agreernent have been duly authorized by all necesary 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 ftinds to further the purpose of'" dais A'greenient; provided that
all applications, requests, grant proposals, and funding solicitations shall be approved by each
party prior to subri'lission,
2& PRIVIIXG&S AND IMM
All of the privileges and immunities from liability, cxen.1ptions frc)rn laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agerits., or employees of any iniblic agents or emplo o f , th
COUNTY, when performing their respective functions urlder this Agreement within the
territorial limits of the COUNTY shall apply to the same degree arld extent to tlie performance of
such furictions and duties of such officers, ag erlts, volunteers, or employees outside the territorial
limits ofthe COUNTY, C
29. Ll,�',GAL OBLIGATIONS AND RESPONSIBILITIES
This Agreenient is not intended to, nor shall it be colistri.ted as, relieving any participating
entity front any obligation or responsibility imposed upon the entity by law except to the extent
of actual and tirnely perforniance thereof by any participating entity, in which case the
performance rnay be off'ered in satisfaction of the obligation or responsibility, Further, this
Agreerrient is not intended to, nor shall it be construed as, authorizing tile, delegation of the
constitutional or statutory duties of the COU except to tile extent permitted by the Horida
constitution, state statute, and case law.
30. NON-RELIANCE BY NOL-PARTJt'
Bid Award Agreement '10 BOCC , Novt�mber 18 2,014
No Person or entity shall be entitled to rely Upon the terms, or any of them, of this
Agreei.fre ra to erif'orce or attempt to enforce any third-party claim or entitlerrient to or benefit of
any sc'!UC or prograrn, contemplated hereunder, and the COUNTY and the C0N`J
agree that neither the COUN"FY nor the CONIRAC'f,�'OR, or ally agent, Officer, (. )r ornploye 0 1 ,
either shall have the authority to intbrin, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entillents or benefits under this
Agreement separate and apart, inferior to, or superior to the co in general or for the
Purposes conterriplated if) this Agreement,
31,
()NS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
reqUire, to include a Public Entity C•ime Staternent, an Ethics Staterne
Workplace Statement, , and a DrUg-Fre
32. LNID — 10) N -A LL— — L — IA:B I L Yr V
NO covenant or agreement contained herein shall be deemed to fie as covenant or
agreement of any rnerriber, Officer agent or employee of Monroe C,ounty in his or her individual
capacity, and no rriember, officer, agent or employee of Mourne County shall be, liable
personally on this Agreement or be subject to arry personal liability or acCOUntability by reason of the execution of this Agreement, I
31 UX IN COUNTER
" I"his Agreement rnay be executed in any number Of Counterparts, each of which shall be
regarded as an original, all Of w1fich taken together shall constitute one and thesarrie instrument.
34. SEC"FION HEADINGS
Section headings have been inserted in this Agrec.rnent as a rnatter of converrience of
r6erence only, arid it is agreed that such section headings are not a part C)fthis Agreernent and
will not be used in the interpretation ofativ provision of"this Agreernent,
35. !�UBl"' ATEMENT
"'A �er,
Conviction for clonvicted vendor list following a
s
service- , to a 1_) o Ile n a contract to provide any goo(Is or
� ,tjorj oj� contract with a public entity for the
construct,or, or repair of as public building or publ work, may not stlbrrin bids on leases of real
property to a public entit may not be awarded or Perform work as as ConstrUCtiOn Manager,
&UPPlier, subcontractor, or consultant under a contract with any public entity, and rnay not
transact Il'usiness witil any public entity in excess Of the threshold arnount provided in Sectio
287.017, for CATEGORY "I'B'C.) for a period of 36 rnonths ftorn the date of being placed on the
convicted vendor list."
36. MUTUAL RENJ
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,
time Award Agreement
BOCC - November 14 2014
37
"Fhc texnis and conditions of the bid docunrents are incorpoi-ated by reference in this
contract agreement,
38. ANNUAL APPROPRIATI ON
The County's performance and obligation to pay under this agreement is contingent upon
an atinuat appropriation by the Board of County Cornnnssio.riers, In 'the event that the County
funds on which this r m Ag eeent 's dependent are withdw
ran, this Agreement is tm
erinated d an'
M- I
the County has no further obligation under the terms of this Agreemlent to the Contractor beyond
that already incurred by the termination date,
M WITNESS WHEREOF, CX)l flrfl"Y and C(-)N'1`RAC`.1'0'R hereto have executed thE
Agree,rneni on the day and date fix written above Hi Four (4) counterparts, each of whict'i sl
wftkioul proo for accounting - r the other cminter-parts, be deemed an original contract,
Attest: AMY HEAVILIN, (1-ERK
V f1 I
By:
-7 Clej
Date
BOARD 0.1' ('01,1"N".1 "Y COMMIS SION ERS
O' IC NROE COIJNTY', FLOHIM
B y: N
X
Date:
Mtnesses !,"or CONTRACTOR:
Sigjq4ture
Date
X
Signature
Date
X o"
A 4
Signatiff'i of person authorized to
legally bind Corporation
PriritNanae
Q
Address� r',A,
7 '3
A:�
e 4 4,&4 1 `1
7'
'C;
Tclephone Number
P4 q sr CYI,�IEC)
7
- Al
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Bid Awa;d Aqrec 12
130CC - Nc.wembei IS 70 1.4
FIRST RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
BIG PINE KEY LIBRARY
MONROE COUNTY, FLORIDA
This First Renewal Amendment Agreement is made and entered into this f day of
(\) J J .Qh 9/74, 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 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, the parties have found the Original Agreement to be mutually beneficial; and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this First Renewal
Amendment Agreement; now therefore
NOW, THEREFORE, 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 first of the two (2) one -year terms. This term will commence
on December 1, 2015 and terminate November 30, 2016.The contract amount is adjusted .8% for
janitorial services at the Big Pine Key Library from $622.97 per month to $627.96 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.
written.
2. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
BOARD OF COUNTY COMMISSIONERS
ILIN, CLERK OF MONROE COUNTY L( D
'Agy ) By:
Mayo
Date:
Date:
4 MU -1 1
ASST
First Renewal Amendment Agreement -131 Library
EY
I Y Ai I
(5
November 17 2015
Printed Name and Date
"< ackton Maintenance
Address:
Sansbury's Way, Suite 116
st Palm Beach, FL 33411
Telephone Number
First Renewal Amendment Agreement-BPK Library November 17 2015
SECOND RENEWAL AMENDMENT AGREEMENT FOR JANITORIAL SERVICES
BIG PINE KEY LIBRARY
MONROE COUNTY, FLORIDA
This Second Renewal Amendment Agreement is made and entered into this day of
, 2016, 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, 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:
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 I, 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 shal I 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
written.
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292 -3470,
BRADLEY- BRIAN(a)MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
(SEAL)
Attest: AMY HEAVILIN, CLERK
M.
Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor
Date:
W
0
O
Zo
a�
�w
3-
0
a
n
Witnesses for CONTRACTOR:
Signature
Printed Name and Date
Signature
Printed Name and Date
CONTRACTOR:
STOCKTON MAINTENANCE GROUP, INC.
Signature of person authorized to
legally bind Corporation
Date:
Print Name and Title
Address:
Telephone Number
Second Renewal Amendment Agreement November 22 2016