The URL can be used to link to this page

Item C12BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Aril 16,2014 Division: Public Works/Engineerin Bulk Item: Yes X No RGENDA ITEM WORDING: Approval of a Month to Month agreement with Miami Janitorial Supplies, Inc., for janitorial services at the Big Pine Key Library.. ITEM BACKGROUND: The current assignment of contract second renewal agreement with Miami Janitorial Supplies, Inc. expires May 31, 2014. We are requesting a Month to Month agreement until a Bid is awarded. PREVIOUS RELEVANT BOCC ACTION: On May 18, 2011, the BOCC awarded the bid and current contract. On March 21, 2012, the BOCC approved an amendment for additional services at the Big Pine Key Library and first option renewal agreement. On May 15, 2013, the BOCC approved the second option renewal agreement. The County received notice on or about June 11, 2013 that Best Janitorial & Supplies, Inc. will be "shutting down operations" and wishes to assign and transfer all rights, title, interest and obligations of the second renewal contract to Miami Janitorial Supplies, Inc.. On July 17, 2013 the BOCC approved a Consent to Assignment agreement with Best Janitorial & Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE for janitorial services at the Big Pine Key Library, effective August 01, 2013. CONTRACT/ACIRE EMENT CHANGES: Effective JuneMiami Janitorial Supplies, Inc., as assignee, will be substituted for Best Janitorial & Supplies, Inc., as assignor on a Month to Month agreement until a contract bid can be awarded. The monthly agreement rate remains at $1,227.68 per month. STAFF RECOMMENDATIONS: Approval TOTAL COST: $14,732.16/yr INDIRECT COST: BUDGETED: Yes X No $ 1,227.68/month DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY:- same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH— Year oxt APPROVED BY: County A"y 0 M B / P L) r c Nals-i-n 9 R i A Management DOCUMENTATION: Inc, rided X Not Required DISPOSITION: AGEN-FIRMIMM CONTRACT SUMMARY Contract with: Miami Janitorial Supplies, Contract # Inc. Effective Date: 06/01/14 Expiration Date: of to of Contract Purpose/Description: Approval of an agreement extending the contract assignment on a Month to Month basis for janitorial services at the Big Pine Key Library until a bid can be awarded. Contract Manager: Alice Steryou 4549 Facilities Maint/Stop #4 (Name) (Ext.) {Department/Stop for BOCC meeting on 04/16/14 Agenda Deadline: 04/01/14 Grant: $ N/A County Match: $ MILE 111w, 14,732.16 Current Year Portion: $1,227.68/mo $1,227.68/mo $ Account Codes: 001-20501-530-340-$1,227.68/mo. ADDITIONAL COSTS Estimated Ongoing Costs: $-/yr For: (Not included in dollar value above) (eg. maintenance, utilities, 0 CONTRACT REVIEW Changes Date Out pate In Division Director -3f 4 Needed49 1' Reviewer Yes E] No,� -31 R Management Yes oET E:1 Nisk O.M.B./PurcHasing 3-31-11 Yes[j NoVI (W R Y, County Attorney Yes Nom Comments: 3��= This month to month Assignment Agreement Extension is entered into this day of 21114, Yyziti,-&Neci M*-%nm C&uxty, z 4,f t3te St2tt-- kfAVE,4, ku R-Zkr CVO�W, and Miami Janitorial Supplies, Inc., hereifter ASSIGNEE. services Your tq) itays per week for the ifionroe County (herei aft@6 "Original Agreement"); and WMREAS, on September 15, 2011, the County extended the number of days the library is open which resulted in the parties amending the contract on March 21, 2012 to add one additional day per week of janitorial services at the library, increasing the monthly fee and exercising the first renewal option; and WHEREAS, on May 15, 2013, the COUNTY and ASSIGNOR entered into a second renewal contract for the provision ofjanitorial services, which will expire May 31, 2014; and WHEREAS, the COUNTY received notice on or about June 11, 2013 that Best Janitorial & Supplies, Inc. will be "shutting down operations" and wishes to assign and transfer all rights, title, interem and obligations of the second renewal contact to Miami Janitorial Supplies, Inc.; and : WHEREAS, on July 17, 2013, the County approved an Assignment of Contract for Best Janitorial & Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE, effective date August 01, 2013. WHEREAS, the parties would like to extend the Original agreement as amended and assigned on a Month to Month basis until a contract bid can be awarded. NOW THEREFORE, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: I All Notices will be sent to Miami Janitorial Supplies, hie., 9100 NW 119 StUnit 1, Hialeah Gardens, FL 33018 2. The term will be extended on a Month to Month basis. 3. The remaining provisions of the agreement dated May 18, 2011, as amended and assigned, not inconsistent herewith, remain in full force and effect. ,(SEAL) BOARD OF COUNTY COMMISSIONERS 1. ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA M Wi� By. cNEY 1- 7 M PRI ASSISTANT Date— M Miami Janitorial Supplies, Inc. (ASSIGNU) ) By ( C,6-,M e4 Signature Printed Name/Title Date: 02 - COPY CONSEN'TF0 ASSl(.NMF.N'F 'This Consent to Assignment is entered into this 17th day of July, 2013, by and between Monroe County, a political subdivision of the State of Florida, hereafter COON-FY, and Best Janitorial A, Supplies, Inc., hereafter ASSIGNOR, and Miami Janitorial Supplies, Inc,, hereafter ASSIGNI',,E. WHEREAS, on May 18, 2011 ', the parties entered into an agreement to provide janitorial services fonr (4) days per week for the BIG PINE KF,Y LIBRARY, Monroe Comity (hereinafter "Original Agreement"),- and WHEREAS, on September 15, 2011, the County extended the number of days the library is open which resulted in the parties amending the contract on. March 21, 2012 to add one additional day per week of janitorial services at the library., increasing the monthly fee and exercising the first renewal option, and WHEREAS, on May 15, 2013, the COUNTY and ASSIGNOR entered into a second renewal contract for the provision of janitorial services, which will expire May 31, 2014; and WHEREAS, the COUN'FY received notice on or about June 11, 2013 that Best Janitorial & Supplies, Inc, will be "shuning down operations" and wishes to assign and transfer all rights, title, interest and obligations of the second renewal contrast to Miami Janitorial Supplies, Inc.; and Now therefore, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree its bollows9 a I E Effective August 01, 2013, the Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement as intended, Miami Janitorial Supplies, Inc., as assignee, will be substituted for Best Janitorial & Supplies, Inc., as assignor. In consideration for such consent, the Assignee agrees to be bound by all the tennis and conditions of the original agreement, as amended above. All Notices will be sent to Miami Janitorial Supplies, Inc., 0*10- fl. remaining provisions of the agreement dated May 18, 2011, as ohiclidotL I()[ invow"t. ent nviih, remain in fall force and effect, Ill i%VILIN CI I{IR K AJ A DellioN Clerk BOARD OFCOUNI'Y COMMISSIONERS 01" Mi. 0N'R( 11" COUNTY. F1,0RIDA By: Mayor/Chairman Best h1c...-c."SIGNIA10 By Signature printed Name Date: e, .. /' ' - —_2�x,_( �1 Miami Janitorial Supplies, Inc. (ASSIGNEE) Witnesses. BY Printed Name ........ .... E; A i i 1-10 1.VS ij I I'v - -- -- i A,,.% ig i tol Host Janitorial & Supplies, file, Pe"A£ u NI, M'Iz 0� e'h'4sat Assignment, of Controact Miami Janitorial Supplies, lac, County f)f' Monroe 'me Flurida Keys Public Works Division P SECOND RENEWAL AGREEMENT JANITORIAL SERVICES - - BIG PINE KEY LIBRARY C (0 Py MONROE COUNTY, FLORIDA THIS AMENDMENT AND RENEWAL AGREEMENT is entered into this day of M&q _, 2013, between MONROE COUNTY (hereinafter "County" or "Owner"), a politicAl subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEST JANITORIAL & SUPPLIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6900 NW 37th Avenue, Miami, Florida 33147. WHEREAS, on May 18, 2011, the parties entered into an agreement to provide janitorial services four (4) days per week for the BIG PINE KEY LIBRARY, Monroe County (hereinafter "Original Agreement"); and WHEREAS, on September 15, 2011, the County extended the number of days the library is open; and WHEREAS, on March 21, 2012, the parties hereto did amend the contract to add one additional day per week of janitorial services at the library, increasing the monthly fee and exercise the first renewal option,; and WHEREAS, the parties have found the Original Agreement as amended, to be mutually beneficial; M WHEREAS, the parties have found the First renewal Agreement to be mutually beneficial; and WHEREAS, in accordance with the terms of the original contract and amendments, the parties wish to exercise the second renewal option, extending the contract term for one additional year and increasing the monthly contract cost for the renewal term by 1.7% CPI-U; NOW THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1. Item 3, Payments to Contractor, subparagraph B shall read as follows: 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 One Thousand Two Hundred Twenty Seven and 68/100 Dollars (1,227.68) per month. 2. Item 4, Term of Agreement, shall read as follows: In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement as amended for the second of the two (2) one-year terms. This agreement shall commence on June 1, 2013 and end on May 31, 2014, unless terminated earlier under paragraph 18 of this Agreement. 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. 3. Except as set forth above, in all other respects, the terms and condons set forth in the Original Agreement as amended shall remain in full force an1 effect. L1 I IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ye�" first above written. I (SEAL) A aMAWLIN, CLE , RK Deputy Clerk dmtkij Sk Si#turc Date OF MONROE COUNTY, FLORIDA By— ft. ?a 1' I ra I I I I . •ffl".V. Print Name Address:.,�*,7,9,9 v. Y9,Avre Telephone Number: 9"fir- Vag-'s-veg HII..."'.."'.... AMENDMENT AND RENEWAL AGREENIENIC(U) [P�y JApirrORIALSERIVICIrS, - - BIG PINE KEY LIBR.4RV JI I IN A M F'N F) N1 I -N I )�,N i -j R VN 1,W.N i, A (-;REE-ME NT is entered turn 1111,; dav ot, '0; 1, bctv,z:en ISIONROI,: ('oUNTY ff Teinafter 4"Cottrity- or "0 iet"), 'ne Va Pol . i ticals—tibdi-Vislon cif, the Slaw Of Honda, whose address is 11100 Shrionton Street. Key Wust, Florlda 33040, and BEST JANITORIAL & SUPPLIES, INC, "Y "ONTRACTOR"", a Florkla 1,3147, 1XI-IERE AS, on May IS, '20 11, the puties entered urto an agmerrient to provide Janitorial servinm fixtr (4) days net week for the BIC. KEY LLBRARY, monroe County (hereinafter anA lbinal Aareer-acrit"), `WHEREAS, ort September 15, 2 10 11, the County, extended the runriber c-IF days the library IS ctirm, and WHEREAS, paron lierete wish to aineml dit; contract to add orr, additional day per mteck- or lanftorufl servicesat the library whicit wit' increase. theirconthly fee, and. WPEREAS, xr ccordance with the terms of 11 a or itinall contract, (tie parties wish U) exercise I the contrac extend , ear and meretusing the he fart ren.alval option, ending t -terni ficr one additi �onal v monthly contract cost frif the renewal tarrn by 3'11�2 I NOW 'FHEREFORT.,., -in considi-ration of the nualaal Prarruses and covenants set forth below, the parties agree it filllmws, it Trent 'I, Scope ot'llitiork., mikParagraph (3 shall read as ftdlovs; (l, `-U'iffiective April 1, 2012, Janitorial services wil-I be Me 115) days a week, Monday through Friday iexcluding bohdays", at or accord 8100 art, and finishing no later than the "Library opening nine ofw'Ol 3,111, 2), latera 3, Payntients to Contractor, subparagraph B shall read as fbliows: B, C(.yri'l-RACTOR shall subtruil to COUNTY invoices with air piscirtrag dran ten tansin accervable to 'the on a rnonthlyschedolis Orarlears, A,ccaptab.lin,4&other"I'lerkis ,- t I It. - k . 11 1 08sod 0- em eially aeverur'd ac�couluing prmic, ples and 9�,Xh lane, rtilesand as ,nny Save- 'to in X) Q thr, h C'Ntrk's A',- tu-sal of funds, Froni 6xil . cusb 0 IS V. &V 3 It t 9 =Ql the Contract arnount, shall be One eta ran One Hundred Seventy Tara and unclog Dollars ($1,17LOO) Per trionth, saidftonm Imic 1. 2U1 2thFough..MaA-_L OU 3., wlra ortract, arriount shall be One Thousand 'Five Hundred Saven and 16PI100 Whin (1,207U6,11per oionlh" ftern 4TI-cni Of Ag7cement, shicil read as fifl"lows. 11 - � - �011, it ess, ltts N., -ilult"ICe On A I gmement shall c- prt 1 1, ,fir 1 ��'l and aid on May 11, 2 - All 'Vmm errinderpaingrapt ttrif'thisgree 'Antent. mat,c] canter g .1 I 'I) sehiconal he Countv she!- have oppop to renew this Agreement for ),no i on, I the % one,-yc-ar per-iod at the lernis and conditions inutually agreeable 10 the, parties, exercisable upon viriden notice given at, fees!, 3() days prior to the end or the rom-lival 'T he C-sarinct arrant nt shall be ash us-ted annualtv ; n, alwordarice with tire. varcentage change rr the I.J.S. ear mar o(-(xnmevcc i'AlInsumer Pricc Index (CP11-1,T) for all' Urban(,"mnaaree.i,r as reported by th S I Of Labcsr Stabstics- arid slits'l lic bases, upoil the CP 1 -1 1 contnutint on it 'X-cei� ifier ' I of -lee prcv I , ..,. I- � , � � 1, .1 3 1 lous dear, cept 4,fortbailwr c,dhtent-sand ccW10 is s--n '-n'-"nfm.t rce'n'a6n in "U'll and erfbeL W WI TNI"ESS W11ERFOl"', the p rfics fac-otc, I u%;e se, their ds and sea,!,s the day and year fil-st asbove 1'%silten' ( Z' RCIARDOF( SEAL, I A C TITES'r: DANNY L KOLI MUE, Cl,""Rk( F N' I( NO �ORIDA I vim 1Y C I c. i k Wknecaes For-CONTRAC"'I'DOR: 0 1 'A- t 0 rx tun i. j B E ST 11 AT,,'4 ITO R I A L & S UPPI � ll"z S, � N Cl Z CL/J Y AGREEMENTFO�R JANITORIAL SERVICE3,�ce.AJWJ� MONROE COUNTV, FLORIDA This Agreement is made and entered into this dday of 201 between MONROE COUNTY. FLORIDA —political subdivisi of the State V Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BES JANITORIAL & SUPPLIES., INC, (-'CONTRACTOR"), a Florida corporation, whose address 6900 N W 37'h Avenue, Miami, FL 33147. WHEREAS. COUNTY desires to provide janitorial services for BIG PINE KEY LIBRARY, Monroe County, Florida. and WHEREAS. CONTRACTOR desires and is able to provide janitorial services to BIG PINE KEY LIBRARY, Monroe County, Florida-, and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to BIG PINE KEY LIBRARY. Monroe County, Florida, now therefore. IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. !HE _AGREEMENT The Agreement consists of this document, the bid docu: iTOS'_ "I'll" . . 1. : I I . 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, janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the BIG PINE KEY LIBRARY, located at Big Pine Shopping Center. consisting of approximately 2.400 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. disinfected.iv. All commodes,. urinals, basins and vanities shall be scoured and V, All urinal traps shall be specially cleaned and disinfected. disinfected, vi. All sanitary napkin receptacles will be cleaned, waste disposed, and vii. All supplies shall be replaced (paper goods. soap, etc.), viii. All other work necessary to maintain a clean and sanitary condition in these hcse restrooms shall be accomplished, whether it is specifically noted in these specifications or not. NOTE: BIG IN KEY LIBRARY has I male public restroom with I toilet and I urinal, and I female public restroom with 2 toilets. lanuary 2011 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. furniture and furnishings to be dusted and spot cleaned. iii. Low ledges, sills, tails, 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 IIEPA 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. i i. Obvious scuffmarks 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, R The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. G. Janitorial services will be 4 days a week, Tuesday through Friday (excluding holidays), beginning at or around 8:00 am, and finishing no later than the Library opening time of 10:00 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. 1. 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. M. Additional Services: (Shall be performed once in every three month period, and shall be included in the bidding price,) ,14 Agreement Y 2 lannary 2011 i. Resilient Flooring shall be swePt/dust mopped and stripped. A fier application of -.hree coats of wax. areas shall be buffed sufficiently for maximum gloss and uniforin sheen From wall to wall, including corners. The waxed floor shall present a, clean appearance free from scuff marks or dirt smears. Fiii-niture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. 0. Dry Cleaning, Steam Cleaning, or Sharnpooing Carpets and RLIgS shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free ofstreaks. stains and spots, and shall have a bright uniform color upon completion of dry cleaning. steam cleaning, or shampooing, 3. PAYMENTS TO CONTRACTOR A. CUT' S performance and obligation to pay under this agreement is contingent upon annual appropriation by the Board ol'County Commissioners. COUNTY shall pay in accordance with the Florida Loe'al 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: Nine Hundred Ninety and no/100 Dollars ($990.00) per MoriM 4. TERM OF AGREEMENT This Agreement shall commence on June 1, 2011, and ends upon May 31, 2012, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement ror tip to an additional two (2). one year periods at terms and conditions mutuall� agreeable to the parties. eygrcisalile ii-pit-t, WJS V1 owl L410 LIM CM U1 Ene Mitim term. Iniess ine context clearly indicates otherwise. references to the "term" of this Agreement shall mean the initial term of one (1) year. The Co-nract arnount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as rgorted bi the U.S, Burea �MVIJIIIFIWVJ-M"l IONMIMAIRMMOI 0 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. f. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records., and documents directly pertinent to werformance, under this Agreement in accordance with generally accepted accounting principl:— es Agre..n8 JanuaR 2011 consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other Darty to this Agreement foe public records purposes during the term of the Agreement and for four years following the tennination 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 repayitogether pursuant to from date the monies,1 to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection documents, papers, or other materials in its possessionunder control r 1 the provisionsFlorida Statutes, and made or 1 by the COUNTY and CONTRACTOR • greement.1 the COUNTY have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. • I_ Not-withstandingNot-withstanding any minimum insurance requirements prescribed elsewhere in this electedagreement. Contractor shall defend, indemnify and hold the COUNTY and the COLNTY's and appointedofficers and I # ::.,cesfrom and againstor 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,1 or 1 be asserted against, initiated 'with respect to. or sustained by, any indemnified party,by reason of or in connection with, (A) any activity of ` or any of or other invitees during the term of AGREEMENT,;; CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONT• ' default in respectof #ns that it undertakes under AGREEMENT,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 negligent acts in part 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, ,,roccedings. costs or ex.�unses sectionexpiration of the term of this AG► or terminationearlier of this AGREEMENT. limitedThe extent of liability is in no way to, reduced, or requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of thi6� ageowilr4L Prior to execution'COUNTY ofIvquravc i• :.. # WORKERS COMPENSATION EMPLOYER'S r INSURANCE. applicable. covorage 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 S100000.00 bodily injury by accident, $500,000.0 bodily injury by disease. and S100,000,00 bodily injury by disease, each employee. f✓/a Agreement 61 January 2011 COMPRLHENSIVE AIITOMORILE VFIIICLE, LIABILITY INSURANCE. Motor vehicle liability insurance. including applicable no -Fault coverage, with limits of liability of not less than �10_ QAUUU.00 per occurrence. combined single limit For Beadily Injury Liability and Property Damage iiability, Coverage shall include all owned vehicles, all non -owned vehicles. and all hired vehicles. If single limits are provided. the minimum acceptable limits are 550,000,00 per person, S IOIa. UDQ„„; 00 per occurrence, and S25.00000 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 S?Oo 000.00 per occurrence combined single limit For Bodily Injury Liability and Property Damage Liability. It'single limits are provided, the mirtitttum acceptable limits are SIU(J.l1fi0.iJ0 per person. S,3iJ0____ 000 00 per occurrence, and Sj1100q.00 property damage. The Contractor ,hall purchase and maintain, throughout the to cif the contract, F,M1'LO YEE DISHONI~STY INSURANCE in the minimum amount of $L10.000.00 per Occurrence which will pay for losses to County property or motley caused by the fraudulent or dishonest acts of the Contractor's emplovices or its agents, whether acting alone or in collusion of others. MONROE COUNTY BOARD OFCOUNTY COMMISSIONERS MUST BE NA MED ADDITIONAL INSURED ALL POLICIES EXCEPT IYORKER'S COMPENSATION. CLRTiFICATES OF iNSURANCL-. Original Certificates of Insurance shall be provided to the COUNTY at the time ol'esecution ot'this Agreement and certified copies provided ifrequcsted. Each policy certificate shall he 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 dv business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to thr COUNTY. its officials, employees, agents and volunteers. 9. NON -WAIVER OFJML4UN1TV Notwithstanding; the provisions of Sec. 768.28. Florida Statutes. (lie participation o1 COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, sell=insurance coverage, or local govemment 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 t❑ contain :any provision for waiver. 1. I E E C At all times and f"or all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Hoard of County Commissioners oi" Monroe County. No statement contained in this agreement shall be construed set as to find CONTRACTOR or ay nof his eritployees, subs, servants, car agents to he empl❑yees ofthe Board crfC❑only Commissioners Of M❑nroe County_ NONDISCRIMINATION CONTRACTOR agrees that there will be no discrimination against person. expresslycourt Agreemeni 5 January 2011 discrimination has occurred. this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order- CONTRACT' 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 V1 orthe Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of'race, color or nationat origin-'2) Title IX of the Education Amendment of 1972, as amended (20 USC s,,. 168 1-1683- and 1685- 1684 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 A (cool 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 290ce-3), as amended, relating to Confidentiality of alcohol and drug abuse patient records; 8) Title Vill 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 1"0 (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. M—SIGNMENT/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- Mnnrot; County, which approval shall be subject to such conditions and provisions as the Board may dccill 'necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all oft e 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 R&LUIREMMENTS In providing all servicesigouds 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 ol'said statutes, ordinances, rules and regulations shall constitute a material hreach 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 (crill ofthis Agreement. 14. DISCLOSU INTEREST - RE AND CONFLICT OF INTERE 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 •Yill be required to comply with the standards of conduct for public officers and _Zt— - Agreement employees as delineated in Section 112.3 13, Florida Statutes. regarding, but not Iii-nited to, solicitation or acceptance of -ifts- doing business with one's agency; unauthorized compensation, misuse of'public position, conflicting employment or contractual relationship; and disclosurcur use of certain information. COUNTY and CONTRACTOR warrant that, in respect to itself, it has nei I ther 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. commi X�-VMM 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. obli ation. 'ud 0111101,111 lally.. 16. NOTICE REQ IREMENT 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 th., following: FOR COtLN rY: Mionroe County IV"Vartrnelm 3583 South Roosevelt Boulevard Key West, FL 33040 and County Attorney PO, Box 1026 Key West. FL 33041-1026 FOR CONTRACTOR: Best Janitorial & Sup.R[tcs,—L9,c-. ATTNI., Pedro M. Dia7 6900 NW 37" Avenue Miami,FL 33147 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes, CONTRACTOR shall not be exempted by virtue of the COUNTY'$ 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. Agreement 7 Januarx 2011 b. The COUNTY or CONTRACTOR may terminate this Agreement for cause wi seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this agreement without cause by giving t,l I - ff p &JR411- I 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. If any term. covenant. condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenl'orceable to any extent by a court of competent jurisdiction. the remaining terms.. covenants, conditions and provisions of this Agreement, shall not be aff�cted 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 22. ATTORNEY'S'FFES AND COSTS COUNTY and CONTRACTOR agree that adi-ninistmtive proceeding is initiated or defended by interpretation of this Agreement, the prevailing party fees in both trial and appellate proceedings. Each investigative. and out-of-pocket expenses whether it levels of the court system. in the event any cause of action or any party relative lo the enforcement or shall he entitled to reasonable attorney's iarty agrees to pay its own court costs, v the prevailing party or not, through all 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 Agreement 8 -------'------------ at a punlic inectin 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 reliefor 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 110 the fi)rnialion. 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 representat,ives, successors'. and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL 2111STATE 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.IMM UNITIES All of the privileges and immunities from liability, exemptions from laws, ord.inances, atid rules and pensions and relief. disabilit►-. workers' compensation, and other benefits which HPPIY to the activity of officer& agems, or employees of any public agents or employees of the COUNTY- when performing their respective functions Linder this Agreement within the territorial linnjty of the COUNTY shall apply to the same degree and extent to the perfortnance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBL11" A '022TS AND RESPONST iI I S This Agreement is no( intended to. nor shall it be construed as, rel ieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely perl'briiiance thereof by any participating entity, in which case the performance may he ollered in satisfaction ol'the obligation or responsibility. Further, this Tgm-emenl January 2011 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 pen-nitted by the Florida constitution, state statute, and case law. 30. -RELIANCE, BY NQN-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. AT—TESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32, NO PERSONAL LIABIL[TY 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 th is Agreement, 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, al I of which taken together shall constitute one and the same instrument. 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 ofany 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 threshoi'd amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months firom the date of being placed on the convicted vendor list," Agreement � 10 January 2011 36. M-_UJUAL RE VIEW 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. INCORP()RATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference In this contract agreement, 38. ANN LA—L APPROERIATION 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 ten-ns of this Agreement to the Contractor beyond that already incurred by the term inal ion date. M KOLHAGE, CLERK Deputy Clerk Date: >3 - Ll ell— f I Si-p, tune .� �Dli Date Signature LON RM I L11113 WVA MMOU W41611UNIM a F-91 Is /- Date.-_ BESTJANITORIAL & SUPPLIES, INC. Signature of person atithoriz legally bind Corporation Date:. Me Print Name Address: - ?V 7— Z 4rjO r- llllmml�, - I COME LA DIAZ Notary Public, . State of Florida MY Comm Expires Jan 20, 2015 -o Commission # EE 29047 bon"d through National Wary Asm. � -�MRNE�� TY ATTORNEY WAT January 2011 at"'