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Item C13AGENDA ITEM SUMMARY Meeting Date: April 16,2014 Division: Public Works/Engineering Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: Dent Pierce, 292-4560 AGENDA ITEM WORDING: Approval of a Month to Month agreement with Miami Janitorial Supplies, Inc., for janitorial services at the George Dolezal Library - Marathon. ITEM BACKGROUND: The current assignment of contract second renewal agreement with Miami Janitorial Supplies, Inc. expires May 31, 2014. Additional locations in Marathon are requesting to be going out for janitorial services bid. We would like to include the Marathon Library in the bid package for continuity and possible cost savings. 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 George Dolezal Library - Marathon 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 George Dolezal Library — Marathon, effective August 01, 2013. CONTRACT/AGREEMENT CHANGES: Effective June 01, 2014, Miami Janitorial Supplies, Inc., as assignee, will be substituted for Best Janitorial & Supplies, Inc., as assignor on a Month to Month agreement. STAFF RECOMMENDATIONS: Approval TOTAL COST: $16,404.00/yr INDIRECT COST: BUDGETED: Yes X No $ 1,367.00/month DIFFERENTIAL OF LOCAL PREFERENCE: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH— Year Qk 07— APPROVED BY: County Attrt--,,( OMB/Purchasing Risk Managernent DOCUMENTATION: Included X Not Requireil DISPOSITION: AGENDA ITE171 4 CONTRACT SUMMARY Contract with: Miami Janitorial Supplies, Contract # Inc. Effective Date: 06/01/14 Expiration Date: of to Month Contract Purpose/Description: Approval of an agreement extending the contract assignment on a Month to Month basis for janitorial services at the George Dolezal Marathon Library. Additional locations in Marathon are requesting to be going out for janitorial services bid. We would like to include the Marathon Library in the bid package for continuity and possible cost savings. 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 Budgeted? YesZ No F-1 Grant:$ N/A County Match: $ N/A Estimated Ongoing Costs (Not included in dollar value al 0 1911 I , , I I I 11TI'm M Account Codes: 001-20501-530-340- ADDITIONAL COSTS ./yr For: (eg. maintenance, utililti M11170A M- Division Director Risk Management Qate� In J L Ll Changes Needed Rev we Yes[] NoEd— Yes No [J/ Date Out O.M.B./Purchasing County Attorney 3-1 3/'/V� YesE:] Nold ZR YesE No '4 Comments: MONTH TO MONTH ASSIGNMENT AGREEMENT CXTE-NSION This month to mouth Assignment Agreement Extension is entered into this (lay of -Fr afte . 2014, by and between Monroe County. a political subdivision of the State offlonda, cr CO—UNrY, and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE. WHEREAS. on May 18, 2011, the parties entered into an agreement to provide Janitorial services four (4) days per week for the GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County (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. 21012 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 13, 20 13, the COUNTY and ASSIGNOR entered into a second renewal eontract for the provision of janitorial 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, interest and obligations of the second renewal contract to Miami Janitorial Supplies, Inc.; and WHEREAS. on ,balmy' 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 - All Notices will be sent to Miami Janitorial Supplies, Inc.. 9 100 NW It 9 Street, Unit 1, Hialeah Gardens, FL, 3 3018 The terra will be extended on a Month to Month basis, The remaining provisions of the agreement dated May 18, 2011, as arnended and assigned, not inconsistent herewith, remain in full force and effect. (SEAL) ATTEST: AMY IJEAVILINT, CLERK By Deputy Clerk - Witnesses: By Witnesses: Bv �RO COU 4-DRNEY F AAP IP RM PE , 00 ASSISTA -Z A COUNTv A'7,0RNEY i BOARD OF COUNTY COMMISSIONERS OF MONROECOUNTY, FLORIDA By: Mayor/Chairman Miami Janitorial Supplies. Inc. (ASSIGNEE) Signature Printed Namell"Fitle Date: 11,3 - J1 CONSENT TO ASSIGNMENT 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 COUNTY, and Best Janitorial A, Supplies, Inc., hereafter ASSIGNOR, and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE, WHEREAS, on May 18, 2011, the parties entered into an agreement to provide janitorial services four (4) days per week for the GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County (hereinafter "Original Agreement"); and WHEREAS, on September 15. 2011, the County extended the number of (lays the library is open which resulted in the parties anicriding 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 optiow and WHEREAS, on May 15, 2013, the COUNTY and ASSIGNOR entered into to second renewal contract for the provision of janitorial smices, 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 acid transfer all rights, title, interest acid obligations of the second renewal contract to Miami Janitorial Supplies, Inc., and Now therefore, inconsideration of the mutual promises of the original agreement as tntaended herein, the parties agree as follows: I Effective August 01, 2013, the Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement as amended, Miami Janitorial Supplies, Inc., as assignee., will be substituted for Best Janitorial A, Supplies, Inc., as assignor. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and condition--, of the original agreement, as amended above. I M All Notices will be sent to Miami Janitorial Supplies, Inc.. Hf)ft A 1--Mi1,TrTi+i, f\4 711 . 'To 1161 IOS Ic e) The remaining provisions of the agreement dated May 1K, 2011, as a mvTKICLI. not HIC011SISLOIt herewith, remain in full force and effect, I'i ARMY HEAVII IN. CI Deputy mwff� By BOARD OFCOUNTY COMMISSIONERS 13 Mayor/Chairman Best,lactiloi lmt�&,�uppfies, Inc. (,i%SSIGNOR) B v: S, ignature �Z. Pi inied Name Date: c9', Miami Janitorial Supplies, Inc, (ASSIGNEE) Witnesses: Sianat.11re Date, Can,. SECOND RENEWAL AGREEMENT JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON MONROE COUNTY, FLORIDA THIS AMENDMENT AND RENEWAL AGREEMENT is made and entered into this day of MaV , 2013between MONROE COUNTY (hereinafter "County" or C'Owner"), a political kbdivision of the State of Florida, whose address is I 100 Simonton Street, Key West, Florida 33040, and BEST JANITORIAL & SUPPLIES, INC. C'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 GEORGE DOLEZAL LIBRARY — MARATHON, Monroe County (hereinafter "Original Agreement"); and WHEREAS, on September 15, 2011, the County extended the number of days the library is to be 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; and 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 Three Hundred Sixty Seven and 00/100 Dollars (1,367.00) per month. • 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 conditions set forth in the Original Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: AMY HEAVILIN, CLERK Deputy Clerk Witnesses for CONTRACTOR: 0".eA, Signature cl- 0-1-- IM. 00,65 A Si atumL .3 Date By J%W 1q. Print Name Address: -Slealykl--?'),4W.z� 1e.3y1Yq Telephone Number: 9r14 - (log - Y0,09 0'a LAJ M (Z? '45 AMENDMENT AND RENEWAL AGREEMENT C V OP -.-A U al� Rn 1M.. I � , R T JANIT ORIAL SERVICES - GEORGFE 1)01911'f� E-1-11"k. R" - MAR,`40,11101,,, TV A (HIS AN11-_NI)N41:NT AND RENEWAL AGREEMENT is made and entered into this (lay of 2012, between MONROE COUNTY (hereinafter "COWAY" Or ()w Fie r 7 ), a ;X) I it i Ca I subdivision of the State of Florida, whose address is I 100 Simonton Street, Key West, Florida 33040, and BEST JANITORIAL & SUPPLIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6900 NAT 37th Avenue, Miami, Florida 33147 WHEREAS, on May 18, 2011, the parties entered into an agreement to provide janitorial services few (4) days per week for GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County (hereinafter --ongmal Agreement-),, and WHEREAS, on September 15, 2011, the County extended the number of days the library is to be upon; and WDEREAS, part i c,; Iwo re -to wish to �i ii ic PJ I h v L"); I [Ta L: t i o ad d r �tic additional day per week of janitorial services at the 16fal-%- which will irik:rtnisc 111cm(1111111% i`ec, and W I I F R 1:A & In IRTO F da i i cc w i I I i the to of tile original ; oiit rac ', the pa 0 1 es wish to c xe re 1 sQ, the first renew,,il optimi, estewlim, the cor*W to for one additional ycar wid ITicreasmit, 111C monthly contract cost for the renewal to by 3% CPI-U7- NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Item 2, Scope of Work, subparagraph G shall read as follows: G, Effective April 1, 2012, Janitorial services v x,. .. ... day I ticsdin,'. nmrsda N- atio Frklm-, and plil X.AflcsdaN. and coll)PIC-tioll [x.iofe t1w 1.1blar4 (qclslq. 2. Item 3, Payments to Contractor, subparagraph B shall read as fbllows, B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Chot, on a monthly schedule iriarrcm-,_ AcceptabiliN to the (.'lc -k r. based on generally accepted accounting principles ailcl aicii law , rules and reguLa1.10r1.1, as may govern the Clark's disbursid of funds, I 11C a(TIOM11 511011 be as �;tated by the CONTRACTOR's bid as follows: From AL)n i _l2 0 1 2_01 ro"gjh I -2-)_ 2 the Contract amount shall be One Thousand Three Hundred Five and no/100 Dollars ($1,305.00) per month, and from 1 1 12 w Contract amount shall be One Thousand Three Hundred Forty Four and 15/100 Rogers (1,3U.15) per month. 3, Item 4, Term of Agreement, shall read as fidlows� This agreement shall commence on April 1, 2012 and end on May 31, 2013, unlew; terminated earlier under paragraph 18 of this Agreement. The County shall have the option to renew this Agreement for one (1) additional one-year period at the terms W conditions annually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the renewal term, The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index, (CPI-U) for all Urnan Consumers us reported by the TUS, Bureau of Labor Stetistics arils shall be based upoe, the CM-LI computts tiou at December 311 of the previous year, 4, I..xcepi -is scL Rulh above. in all foller rearlects, Uw terms and coo dition s set forth io Le 01,11-ml,ii l\greemertt i-emain ill full force and effect, IN WITNESS WIAER} ,01`. ihe particli hereto have s'el their hands and seals thic do,,, and vear first- above writtem BOARD F CO U1 NT f N4 M [ SS I ONERS N I "I I Q, F I N. IN, Y 1 4 1 1 L I k By Depint, Clerk Mavor/Chairperson B STJANI,rORIAI, & SUPPLIES, INC. By Print Nalme A ;?310 Telephone Nuraber- Date AGRT:-EMENT FOR JANITORIAL SFPVjCLS - GEORGEDOLEZAL 1,111R.-AtR1' - MARATIMN MOLAR E COUNTY, FLORI DA This Agreement is made and entered into this 10 dav of 2011, between MONROE COUNTY, FLORIDA (-COUNTY—'%a —Politica't sud naof—the—Stale of Florida, whose addre�ss is 1100 Simonton Street, Key West, Florida 33040. and BEST JANITORIAL k, SUPPLIES, INC. C-CONTRACTOR"), a Florida corporation. whose address is 6900 NW ' )7'� Avenue, Miami, Florida 33147. WHEREAS, COUNTY desires to provide janitorial services for GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County, Florida, and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to GFORGF DOLEZAL LIBRARY - MARATHON, Monroe County, Florida; and WHEREAS, it serves a IC-itirnate Public purpose fbr CONTRACTOR to provide Janitorial services to GE GE DOLEZAL LIBI,",ARY - MARATHON, Monroe County, Florida, now therefore, IN CONSIDERATION of the InUILMI promises and covenants contained herein, it is agreed as follows: 1. THE AGRFLNIENT The Agreement consists of this document, the bid documents, exhibits, and any addenda only, 1 SCOPE OF, THF WORK The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and incidentals, to perform all the work necessarN in accordance with the specifications, i.e., janitorial service, including all necessary supplies, eqU;pnient, and safet)' devices required in the performance ot'same for the GEORGE DOLEZAL LIBRARY - MARAI FION. located at 3251 Overseas Highway, consisting of approximately 7,028 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, anti d vii. All SUppIiCS SIVIII he j'®placed (paper goods. soap, etc.). N iii. All other work necessary to maintain a clean raid sanitary condition in these restrooms shall be accomplished, 1,vlwther it is specifically noted in these specifications or not. NOTE: GIGE DOLEZAL LIBRARY - MARATHON has I male public restroorn with I toilet and I urinal, I fernale public restroorn %%Ith 2 toilets, and I employee restroom: with I toilet. Agreemenl Z�� 13. All sinks and water lbuntains outside the restroom areas are: to be cleaned daily. Water ibuntains ary to be polish'--d periodically. C. Gencral Cleaning shall be completed daily, and should include the follm\ing: 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 -lass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished, Obvious scuff marks shall be removed from resilient floorin iii. All door vents cleaned. I E. Monthly janitorial services to include: i. All high dusting (i,c, 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 4 days a week, Tuesday through Friday (excluding holidays), anytime between the hours of 6:00 p.m. Tuesdav, Thursday and Friday, and 8:00 pm Wednesday, and completion before the Library opening time of 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, 1. Keys shall be issued to the Contractor by the area representative at the start of t Contract. Written confirmation of receipt of keys shall be signed by the Contractor. T 95 Contractoit expiration of the contract or termination. v J. 'rhe Contractor shall be responsible for the cost of changing locks, etc., for 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 the Facilities Maintenance Department, Contractor shall provide all Supplies necessary for the cleaning pertbrmance his work under the contract. All supplies,, including but not limited to, hand soap, paper towel toilet paper, and trash can liners, shall be supplied by the Contractor, M. Additional Services: (Shall be performed once in every three month period, an shall be included in the bidding price.) 0 i. Resilient Flooring shall be swept/dust mopped and stripped. Aft application of three coats of wax, areas shall be buffed sufficiently for maximum gloss an Agreement 2 January 2011 uniform sheen fi-orn wall to wall. ill&iding corners. The %vzxed floor shall present a clean appearance free from SCLiff 111,Uks or dirt s;-nears. Furniiure andfor other equipment moved during floor stripping and xvaxing shall be retUrnM to their ori-inal positions. ii. Dry Cleaning' Steam Cleaning,, or Shampooing Carpets and Rugs shall be vactiumed of all loose soil and debris prior to cleaning. and shall be firee of streaks, stains and spots, and shall have a brig t uniform Color upon completion of dry cleaning. stearn cleanin- or sharnpooing. I PAYMENIs �TQCONTRACTOR ACOUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners, COL ANTY 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, oil 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 s�all tx- as stated by the CONTRACTOR's bid as follows: One Thousand One hundred Ten and no/100 Dollars ($1,1110.00) per month, 4. TERM OF AGREEMENT This Agreement shall cornmenceon June 1, 2011, and ends upon May 31,2012_, Unles terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up 10 an additiona (2) one year periods at terrns and conditions mutually agreeable to the parties exercisable upo written notice -iven at least 30 days prior to the end of the initial term. Unless ihe context clew 0 .11 indicates otherwise, references to the "term" of this Agreement shall mean the initial term of o (1) year, The Contract amount ,hall be adjusted annually in accordance with the percentage change in the U.S, Department of Commerce Consumer Price Index (CPI-U) for all Urban Consurners as reported by the U,S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at Decernber 31 of the previous year. CONTRACTORand shall maintain throughout the term of this Agreement, appropriate licen.ws. Proof of such licenses and approvals shall be submitted to the �OUNTY 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 -easonable and timely access to such records of cach other party to this Agreement for public -ecords purposes during the term of the Agreement and for four years following the termination of January 20 11 this Agreement. Ifan anditor crnplo%ed bythe COUNTY or Clerk &terinines that monies paid to CO\iRACTOR PLINLIZInt (0 thiS Agreerent were spent f(W purposes not authorized by this A-recment., the CONTRACTOR shqil %pay th,2 jno.nie-i together xvidi interest calculatcd pursuant t 55.03, FS, running om fr 6 Sec. 5 the date the monics were paid to CONTRACTOR, 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of all document papen or other nif at . n s,• Jetters erials it it-, -mm.,*r ;qe-qgu*T t I lil ITS & US "'I LuAl III Jrg liq ra I F"nimms I .01—M-4 M010,12100d -MAN S. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in th, agreement, Contractor shall def6id, indernnify and hold the COUNTY and the COUNTY elected and appointed officers and employees harmless from and against (i) any claims, actions causes of action, (ii) any litigation, administrative proceedings, appellate proceeding . s, or oth proceedings relating to any type Of i11jL11-y (including death), loss, damage, fine, penalty or busine interruption, and (iii) any costs or expenses that may be asserted minst. initiated with re aL —snecLti Iftrems-7a7conTrauturb or otner invifees Gurin ne ten J of this AGREEMENT. (B) the negligence or willful misconduct of CONTRACTOR or any of i employees, agge:its, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect an), of the obligations that it undertakes under the terms of this AGREEMENT, except to th extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise froi of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar &s th claims, actions, causes of action, litigation, proceedings, costs. or expenses relate to events 0 el circumstances that occur during the term of this AGREEMENT, this section will survive 1h L� expiration of the (erin of this AGREEMENT or any earl ier termination ofibis AGREEMENT. The extent of liability is in no Way limited to, reduced, or lessened by the insuran requirements contained elsewhere within this agreement, Failure ofCONTRACTOR to compl 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 COUNT Certificates of hisurance indicating the i I ninimum coveraue limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABJLTIY ]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 Emplo�,crs' Liability Insurance With limits of not less than S100. 000.00 bodily injury by accidentl $500,000.0 bodily injury by disease, and S-100000.0 bodily injury bydisease, each employee. COMPREHENSIVE AUTOMOBILE, VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, With limits of liability of not less than U00.000-00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. If single Jimits are provided, the minimum acceptable limits are 50,000.00 per Agreement ri January 2011 person, S-1-0.0.0('0 00 per occurrence. ond S25,009.00 property clarrinec. Coverape shall in,�lude own-.-d %ehicic-N,,all rion-o��ncd vchicles, and ali hired COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with linlits liability of not les's than S300.0 0.00 per ol.-currence combined single limit for BodilV IhjU1 Liability and Property Damage Liability. If single limits are provided, the ininirnUrri acceptab limitsareS100,000.0 per person, S300,000.0 per occurrence, and SjO,000.00 propertydarnage The Contractor'shall • and mainLain, throughout the tenn of the contract, EMPLOYE DISHONESTY INSURANCE in the minii-num amount of SLQQfl_Q,00 per Occurrence which wi pay for losses to County property or money caused by the fraudulent or dishonest acts of tf Contractor's employees or its agents, whether acting alone or in collusion of others. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE ADDITION4L INSURED ONALL POLICIES EXCEPT WORKER'S COWENSA TION, CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to th COUNTY at the time • execution • this Agreement and certified copies provided if requestec Each policy certificate ;hall be endorsed with a provision that not less than thirty (30) calend4 days' written notice shall be provided to the COUNTY before any policy or coverage is cancele or restricted. The underwriter Of SUch insurance shall be • to do • in the State C Florida. ir requested by the Count)- Administrator, the insurance coverage shall be primar insurance with respect to the COUNTY, its officials, employees, agents and Volunteers. 9. ■ OF 1IMN-TUNITY Notwith standing 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-insuranc � co e 10. IADEPENDENT CONTRACTOR At all firries and for all Purposes under this agreement CONTRACTOR is an independent contractor and tiot 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 C11111PIONIM, Subs, servan c (s,. or agents to be employees of the Board Of County Comm issioners of • County. 11. • • 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 thit discrimination has occurred, this Agreement automatically terminates without any Rirther action • the part of any party, effective the date of the court order. CONTRACTOR agrecs to comply Nvith 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 irohibits discrimination on the basis of sex: 3 Section 504 of the Rehabilitation Act Agreemeni 5 January 2011 The A2c Discrimination Act of 1975. as amended (42 USC ss. 6101-62107) which prohibits discrimination on the basis of age. 5) ThQ Drug Abuse Officc and Treau-nent Act of, 1972 (PI, 92- 255). as amended, relating to nondiscrim;nation on the basis of drug abuse: 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, rreatnient and RellZilitation Act of 1970 (PL 91- 6 16). as amended, relating to nondiscrimination on the basis oF alcohol abuse or alcoholism, 7) amended. relatino, to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Ri�!hts Act of 1968 �,42 U!-i�C s. ct se - as amended, relating to nondiscrimination in the sate. rental or financing of housing, 9) The Americans with Disabilities Act of 1990 (42 USC & 1201 Note), as maybe amended from th-ne to tirne, relating to nondiscrimination on the basis of disability; 10) Any other nond iscrim i nation provisions in any Federal or state statutes Which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. CONTRACTOR shall not, assign or subcontract its obli 'gations tinder this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe Count1v and CONTRACTOR, which approval shall be Subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or 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 doetned to impose an), additional obligation upon the board. 13, COMPLIANCE WITH LAW AND LICENSE REQUI[REMMENTS In providing all services/goods pursuant to thi's a'arcement, CONTRACTOR shall abide by all laws ofthc 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 -overnment. Any viola rdinances. rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this A-reement. CONTRACTOR shall posses"r, proper licenses to perform work in accordance with these spect ications throughout the ternn of this Agreement. 14. CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire 'no interest'. eitlier 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 ofthe COUNTY recognize delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or ,acceptance of vifts; doing business with one's agency; unauthorized compensation; misuse of PLIbliC position, conflicting employment or contractual relationship; and disclosure or use of certain inrcirma�3011. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of an), financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall app!N whether or not such prw,rani is required by slatta,:, �,�i a condition of probation. oi- Is provided on a VOILintary hasis, COUNTY and co,\l-rRACTOJI warrant that, in respect to itself, it has neithlar employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Acoreement 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, cornmission*,ercentage. vift, or other consideration continoent 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 AP greement without liability and, at its discretion, to offset frorn monies owed, or otheavise recover, the full amount of such fee, commission, percentage, gifl, or consideration. CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or Surely for any contract, debt, obligation, judgment, licit, 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 ternris of this contract. 16. NOTICE RE2EIREMENT Any notice required or permitted under this agreement shall be in NvritincF and hand delivered or mailed, postage prepaid, to the other party by certified IT13i], returned receipt requested, to the RAlowing: C� 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 FOR CONI RACTOR: t T=t__i4xr�Alaz�_"L�;F_P:� ATTN: Pedro M. Diaz 6900 NW 37"' Avenue Nlianii, 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 COLTNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations. tinder this contract, nor is CONTRACTOR authorized to use the COLTNTYS Tax Fxcmption Number in securing such materials. CO'N'TRACTOR shall be responsible for awy and all taxes, or payments of withholiiny. related to services renJered tinder this a geement. 19. TERMINATION a. The COUNTY may terminate this Agreement with or without cause prior to the LI commencement of work-. Agreement 7 January 7011 1). '1 hc couNj,n, or CONTRACTOR inoy terminate this Agreement for cause wit:i ,,L�N'cn, (7) days n,aice Itt CONTRACTOR. Causc sliall constitute P. breach of the obligations of either party to perl'orm the • CnLln-,-�-ratcd tinder this Agreement. Z� 4: C. Either of the parties hercto may cancel this agreement without cause by giving the a; other party sixty (60) days written notice of its intention to do so with neither party, having any further ■ tinder the term s of the contract upon termination. 19. GOVERNING LAW, VE 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 perfon-ned entirely in the State. In the -vent 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 'he appropriate court or before the appropriate administrative body in Monroe County, Florida. No T,�rson or entity shall be entitled to rQ)v unon the terms, or ariv of them, of this I CONTRACTOR, fl--.on any party shall have the right to seck slicl) or rcim.,dy as inny be provided by this, Agrcewll,nt or by Florida la \ 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating, to the fon-nation. execution, performance., or brend, of this Agreement, COUNTY and L CONTRACTOR a-ree to participate, to the extent required by tile Other party, in all proceedings. M hearings, processes, gmeetins, and other activities related to the substance of this Agreement or CD I z:l provision of the services tinder this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives. Successors, and assigns. 26. LUTHORITY Each Part), represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY arid corporate action, as required by law, 27. CLAIMS FOR FEDERAL OR STATIC; AID CON IFRACTOR 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. PIUVILEGES AND IMIMUNMES Ali of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions arid 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 tinder 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 CruplOyCeS Outside the territorial limits of tile COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Aurecm�--nt is not intended to, nor shall it be construed as, relieving ary participiting LJJ4 MWO3111111 -rggill Miffflizolmr+1 MMOM 3mr W-140WRIMM 11 U,%eCj?( iO till stattile, and case law. Z=1 30. !-,0`1'-R F LI A -N C E -11Y N 0 N- PA RTIES No parson o), entity shall be entitloxi to rcIV UP011 the ICI-M, or any of than, of this Aurcernent to entbree or attempt to enforce any third -party claim or entitlement LD or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR a-ree, that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or othenvise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 32. NO PER&QNAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement L- of any niember,offl.cer, agent or employee of Monroe Count), in his or her individual capacity, and no member, officul, d.CDL OF ernploNce 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. FXECUTION IN COUNTERPARTS This Agreement may be executed in any nUrnber of counterparts, each of -which shall b re-arded as an original, all 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 tile interpretation of an), provision of this Agreement. 35. PUBLIC ENTITY CRIME INFORMI-ATION STATEMENT A p-I-rson or affiliate who has been placed on the convicted vendor list following a conviction for a public entit i , y- 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 [cases of real property to a public entity, may not be awarded or perform work as a Construction Manager, jj, I jolitig wiA wIV Dublic giiij, ind ma% swilli, -14 MUM priol Met in 3MMIR La 7-m—r 1=0 ulibirit:55 %,TjLri killy pti-aiiii- rilm� III MITT, M Me trifesn CATEGORY TWO for a period of 36 nionths from tile date of being placed on the convicted vendor list," 36. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from la,%N,s, 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, Z( Agreement 10 January 2011 when perforcrong their respective funeflons under this Agreern-m withintheterritorial limits oft! IL Cowitv shall apply to toe so III e dC,_I-C,: and CNI.Cot V -tile PC rl' I-IMBIC0 (Ifsuch functions -I rid dLitieS of .such officers. agents, � )I untccrs, or crop I oyecs outside the territorin I I imits of the Coon I). 37. MUTLIA L 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. 38. INCORPORATION OF BID DOCUMENTS The ternis and conditions of the bid documents are incorporated by reference in this 39. 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 whtcl7v4d"AS-wwai:waNn� County has no fitilher obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. Lim I a Mi22ral �� I a putt' Clerk Date:— 41�)11, Sig tore 1i I—% — J A= Date ROE COU 0 EY P (-L PEDR AS CO 7Y4rT1,',_14NEY,/,//, M axe) 0 will M I BEST JANITORIAL& SUPPLIES, INC. Signature of person authorize legally bind Corporation Date:,,114111ell 2,), 24111 Print Naive� Y-) Address: "Iy.2 Tclephbn—LT"*er my COMM [ADve, jMj )G '1015 COMMISS101, # It 29041 ... N'o 90 9d lhrouoh Naltonal Nowy Assn, 11 January 2011