Item C14W1 nkVJ 11VA V-11
Meeting Date:
April
16, 2014
Division: Public Works/Engineering
Bulk Item: Yes
X
No
Department: Facilities Maintenance
umnvnl, !#
AGENDA ITEM WORDING: Approval of a Month to Month agreement with Miami Janitorial
Supplies, Inc., for janitorial services at the Islamorada Library.
ITEM BACKGROUND: The current assignment of contract second renewal agreement with M77
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
Islamorada 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
contract to Miami Janitorial Sup-0 ies. Inc.. On Juh, IZ 2013 the BOCC
I L-
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
Islamorada Library, effective August 01, 2013.
CONTRACT/AGREEMENT CHANGES: Effective June 01, 2014, Miami Janitorial Supplies, Inc.
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 $1,232.92 per month.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $14.795,04/yr INDIRECT COST: BUDGETED: Yes X No
2/month
1111011 of R Big i i 111111111''11 11 111111, 1,11111 111111111 11
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH— Year
APPROVED BY: County Atty OMB/PurchpS111-19 Risk Management
DOCUMENTATION: 111CILided X Not Required
DISPOSITION: AGENDA ITEM 4
CONTRACT SUMMARY
Contract with: Miami Janitorial Supplies, Contract 4
Inc.
Effective Date: 06/01/14
Expiration Date: Month to of
Contract Purpose/Description:
Approval of an agreement extending the contract assignment on a Month to Month basis for
janitorial services at the Islarnorada 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
Total Dollar Value of Contract: $ 14,795.04/yr Current Year Portion: $1,232.92/mo
$1,232.92/mo $
Budgeted? Yes Z No ❑ Account Codes: 001-20501-530-340-$1,232.92/mo.
Grant:$ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $------jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Elate In
Needed
Reviewer
Division Director 5"v
Yes[:]NoET
Risk Management
Yes[:] No[Ej
O.M.B./Purcliasing JV
Yes[:] NoN
County Attorney
Yes[:] Nop
7-
-3/-/
and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE
VMEREAS, on May 18, 2011, the parties entered into an agreement to provide janitorial
0 WEiCeS four W davg ws,-k for the ISI-4-WORADA LIBRARY. Monroe Count
MWEREAS, on September 15, 2011, the County extended the nurnber 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 t5, 2013, the COUNTY and ASSIGNOR entered into a second renewal
contract for the provision oflanitorial services, which will expire May 31, 2014; and
WHEREAS, the COUNTY received notice on or about Jurte 11, 2013 that Best Janitorial &
qxlisz; Iz-ff wi�rm �-,?
and obligations of the second renewal contract to M iami 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 Re to extend the Original agreement as amended and assigned on
a Month to Month basis until a contract bid can be awarde(L
NOW THEREFORE, inconsideration of the mutual promises of the original agreement as
-nnended herein, the parties agree as follows:
I All Notices will be sent to Miami Janitorial Supplies, Inc.,
9100 NJV 119 Street, Unit 1. Hialeah Gardens, FL 33018
inconsistent herewith, remain in full force and affect.
r6s x's a
OF, Wi J111le" ;Jtil
Icy
Deputy Clerk
By
witnesses:
By: —
M
Mayor/Chairman
Miami Janitorial Supplies, Lac. (ASSIGNEE)
Signature
Printed Hantafritle
This Consent to Assignment is entered into this 17th day of July, 2013, by arid between Monroe
County, a political subdivision of' the State of Florida, hereafter COUNTY, and Best Janitorial &
Supplies, Inc., hereafter ASSIGNOR, and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE,
WHEHEAS, on May 18, 2011, the parties entered into an agreement to provide janitorial
services four (4) days per week for the ISLAMORADA LIBRARY, Monroe County (hereinafter
"Original Agrecrrwnt"); and
'WHEREAS, on September 15, 21011, 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
exorcising the first renewal option; atud,
WHEREAS, on May 15, 2013, the COUNTY and ASSIGNOR entered into a second r(HiCWal
contract 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"shuttingdown operation-," and wishes to assign and transfer all rights, title, interest
and obligations of the second renewal contract to Miami Janitorial Supplies, Inc,; and
Now therefore, inconsideration of the aaaLial promises of the original agreement as amended
herein, the pat -ties agree as follows:
Effective Augast 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 & Supplies, Inc,, as assignor.
2. In consideration for such consent, the Assignee agrees to be bound by all the terms and
conditions of the original agreement, as amended above.
3 Ml Notices will be seat to Miami Janitorial Supplies, Inc- fylinitt�!- I.
Nix) t---1 I It
4. 11 ic T C I I us I r I 11 I.L, provisions of the agreement dated May 1 20 1 1 , as d M011&0, Dui i I tit i it i s i stent
herewith, remain in full force and effect,
A4
VL
T: A N,1 Y HEAV I LIN. HK
/1A
Deputy Clerk
By
BOARD OF COUNTY COMTv1ISSIONFRR
rlf kh ) Nxt-) I col INTY I j ()Rl[)f\
Mayor/Chan-trian
Best
By:
Signature
i'rinted Name
Date:
Miami Janitorial Supplies, Inc, (ASSIGNEE)
witnesses�
I -IV V I' Signatkire
Printed Name
Date: 0
YJ N t M. 1 1 A.
M
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F'� ,� '.
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E2
SECOND RENEWAL AGREEMENT C(OPY
JANITORIAL SERVICES - ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
THIS AMENDMENT AND RENEWAL AGREEMENT is made and entered into this
/5'� 4 day of Kt 4 _, 2013, between MONROE COUNTY (hereinafter "County" or
"Owner"), a political ubdivision 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, the parties hereto did on May 18, 2011 enter into an agreement to provide
janitorial services four (4) days per week for ISLAMORADA LIBRARY, Monroe County
(hereinafter "Original Agreement"); and
WHEREAS, the Board of County Commissioners did on September 15, 2011 extend the
number of days the library is to be open
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:
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 Thirty Two and 92/100 Dollars (1,232.92) 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 conditions set forth in the
Original Agreement as amended shall remain in full force and effect.
'AN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
An'EST: AMY HEAVILIN, CLERK
Witnesses for CONTRACTOR:
Date
f - ,
signs tut
'0 1
mn
0 ml
�W* 91211"I"UN,
If �WIJU I•- 3 a 5 M 0 1 I'll(C cm Kell) Z I
1 0F" fm
Mayor/Chairperson
� -mg Immulfe) afflmmlugwumlgm�
By f'
C'az'o
Print Name
Address:
2?
C:D
6
AMENDMENT AND RENEWAL AGREEMENT C(opy
3ANITORIAL SERVICES - ISLAMORADA LIBRARY
THIS AMENDMINI' AND RENFWAI, AGREEMENI' is made and entered into this
-0 day of 2012, between MONROE COUNTY (hereinafter "County"' or
wrier"), a political Subdivision Of tile State of f`lorida, whose address is I 100 Simonton Street, Key
West, Florida 33040, and BEST JANITORIAL A, SUPPIAES, INC. ("CONTRACTOR"), a Florida
cot -potation, whose address is 6900 NW 37th Avenue, Miami, Florida 33147,
WHEREAS, I Ile parties hereto did on May 18, 20 11 enter into an agreement to provide
,janitorial services four (4) days per week for ISL,AMORADA UBRARY, Monroe County
(hereinafter "Original Agreement"); and
W111-14"AS, the Board of County Commissioners did on September 15, '-'Oil extend the
number tit days the library is to be open
WHEREAS, parties hereto wish to amend the contract to add one additional day Per week of
,janitorial services at the library which will increase the monthly fee; and
WHEREAS, in accordance with the terms of the original contract, the parties wish to exercise
the first renewal option, extending the contract term for one additional year and increasing the
triontilly contract cost for the renewal term by YN CPI-I,f-
NOWTHEREFORF, in consideration cif the. mutual promises and covenants set forth below,
the pat -ties agree as follows:
1. Itern 2. Scope 0f'WOrk, subparagraph G shall read its l'ollows:
G, l.'flective April 1/ 2012, Janitorial services will be five (5) days a week, Monday
through Friday (excluding holidays), anytime between the hours of 9:00 put on
Tuesday, and 6.00 is.mMonday, Wednesday, Thursday and Friday, with completion
before 9:30 a,m.
2. Item 3, Payments to Contractor, subparagraph B she] I read as follows;
B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, on as month[), schedule inarrears. 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. From %pTil I . .-1 01-1 th rou�jh _k, lay .'N 1,
2012, the Contract arnourn, shall be One Thousand One Hundred Seventy Seven
and no/100 Dollars ($1,177.00) per inonth, and from June I _ 2012 throu'vil MaN
2013, the Contract aniount shall be One Thousand Two Hundred Twelve and
31/100 Dollars (1,212.31) per month,
Iturn 4, Tenn of'Agreernent, shall read as lbllows,
This agreement shall commence on April 1, 2012 and end on May 31, , 5 2013unless
terminated earlier under paragraph IS of this Agreement.
I'lie County shall have the option to renew this Agreement for one (1) additional
one-year period at the terms and conditions mutually 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 ofConn-nerce Co4unlcr Price Index (CPI-U) for all
Data
Ullwn Consurners as re -ported Dy the 'U S, Bureau ol" Labor Statistics and shall be
ba,A%i upon tire computation Pat December 31 offfin previous, year,
4 1 - 11 —xcep! s,�t "orth above, in all other respects, the. terms and conditions set forth in the
On"o-inal A'o"iconient remain in !oil force an',4 effect,
16,Li'! L
BES"I'JANITORIAL, & SUIPPLIES, INC,
I I I r N, L I I 11) C I'
C(DPY
AGREEMENTFOR
JANITORIAL A ?&YMrAV
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this <L— day of_
between MONROE COUNTY, FLORIDA (-'COUNTN77�). a political subdii �is�iof the 5-S'2011.
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 37 1h Avenue. Miami, FL 33147.
WHEREAS, COUNTY desires to provide janitorial services ror ISLAMORADA
LIBRARY, Monroe County. Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
ISLAMORADA LIBRARY. Monroe County, Florida, and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to ISLAMORADA LIBRARY, Monroe County, Florida, now therefore,
IN CONSIDERATION of the mutual promises, and covenants contained herein, it is
agreed as follows:
I. THE AGREEME
— ---------------
only'. The Agreement consists of this document, the bid documents, exhibits, and any addenda
2. SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, tools. transportation,
services. and incidentals, to perform all (he work necessary in accordance with the specifications,
i.e.. janitorial Service, including all necessary y supplies, equipment, and safety devices required in
the Performance of same for the ISLAMORADA LIBRARY, located at 2331 Overseas
1-1 ighwav, Is lamorada, Florida. consisting of approx imatcly 5,69P s f
A Restroom Sanitation shall include the following on a daily basis:
i• All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
Stall partitions damp cleaned.
disinfected. W. 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,'I.
viii. All other work necessary to maintain a clean and sanitary condition in these
restroorns shall be accomplished, whether it is specifically noted in these specifications or not.
NOTE: ISLAMORADA LIBRARY has I male public restroom with I toilet and I urinal.
and I female public restroorn with 3 toilets.
d2
Agreement7'
201 J
B. All sinks and water fountains outside the restroom areas are to he cleaned daily.
Water fountains are to be polished periodically,
CGeneral Cleaning shall be completed daily, and should include the following:
i- All the floors are to be dusted and mopped,
i i. 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.
the Oreck, vi. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as
D. Weekly janitorial services to include:
polished. i. All glass partitions, doors, mirrors, windows, etc, to be cleaned and/or
iL Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents cleaned,
E. Monthly janitorial services to include:
i. All high dusting (i.e. pictures, door frames., air vents, tops of book shelves, etc.)
ii. All walls dusted monthly
iii, All air conditioning vents, supply and return air grilles cleaned.
F. The Contractor shall insure all exterior doors are locked while they are servicing
the building and upon their departure. 0
G. Janitorial services will be 4 days a week, Tuesday thru Friday (excluding
holidays), anytime between the hours of 8:00 pm on Tuesday, and 6:00 p.m. Wednesday,
Thursday and Friday, with completion before 9:30 a.m.
H. Coordination of the work with the County area representative shall be the
responsibility oi.'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 al I keys as issued upon expiration of the contract or termination.
JThe Contractor shall be responsible f6r 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 mont1h period, and
0all be included in the bidding price.)
Agreement 2 January 20 11
i. Resilient Flooring shall be swcpt/dust mopped and stripped. After
application Of three coats of wax, areas shall be buffed sufficiently for maximum gloss and
uniform sheen from wall to wall, including corners. The waxed floor shall present a clean
appearance free from scull' marks or dirt smears. Furniture and/or other equipment moved
during floor stripping and waxing shall be returned to their original positions.
H. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall .be
vacuumed of all loose soil and debris prior to cleaning, and shall be free, of streaks, stains and
spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or
shampooing,
3. PAYMENT��TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall
pay in accordance with the Florida Local Government Prompt Payment Act; payment will be
made after delivery and inspection by COUNTY and upon submission of a pr . oper invoice by
CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable
ble 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 -Five and no/10 Dollars (S995.00) per
month.
4. TERM OFA E
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 for up to an additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initia! term. Unless the context clearly
indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one
(1) year.
The Contract amount 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 reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI_U
computation at December 3 1 of the previous year,
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof Of such licenses and approvals shall be submitted to the COUNTY
upon request.
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with "generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
) ,JAgreement f — — __ __ — __ __
$ January 2011
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. IF an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03. PS. running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of. all documents. papers, letters or other materials in its possession or under its
control subject to the provisions ot'Chapter 119, Florida Statutes, and made or received by the
COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
CONTRACTOR.
DRO—AVLO per OCCUrrence, combined single firnit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all
hired vehicles. If single limits are provided. the minimum acceptable limits are S50 .,000-00 per
person, SI&L12-0.0 per occurrence. and S210!0_000 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 S300. e' limit for Bodily Injury
_ 000.0�) per occurrence combined sing]
Liability and Property Damage Liability., if single limits are provided,
ded, the minimum acceptable
limits are $100000.00 per person, S300000,00 per occurrence, and S.)
damage. _�Q0 .00-A property
The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE
DISHONESTY INSURANCE in the minimum amount of S10,L00.0 per Occurrence which will
pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractor's employees or its agents, whether acting alone or in collusion of others,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENsA TION
CERTIFICATES OF INSURANCE, Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this, Agreement and certified copies provided if requested.
Each policy certificate shall be end-orsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance surance with respect to the COUNTY" its officials, employees, agents and volunteers.
1otwithstan1ing the provisions of See. 768.28, Florida Statutes, the participation
COUNTY and CONTRACTOR in this Agreement and the acqtion of any coMmerci
liability insurance coverage, self-sinsurance coverage, or local government liability insuran
pool coverage shall not be deemed a waiver of immunity to the extent of l'iability coverage, n
shall any Agreement entered into by the COUNTY be required to contain any provision
waiver. I
10. INDEPENDENT -CONTRA 'FOR
At all times and fir all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee Of the Board of County Commissioners of Monroe County. No
statement contained ill this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subs, servants, or agents to be employees of the Board ul'County Commissioners
of Monroe County.
11. NONDISCRIMINATION
CONTRACTOR agrees that there will be no discrimination against any person, and it is
expressiv understood that upon a determination by 3 court of competent jurisdiction Thal
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the dale oft the court order CONTRACTOR agrees to comply
with all Federal and Florida statutes, and all local Ordinances, as applicable, relating to
Agreement
January 2011
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 8,8-352) 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 p,-ohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age. Discrimination Act of 1975, as amended (42 USC. ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug: abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Pubiic Health Service Act of 1912, ss. 523 and 527 '142 1171wv1.
0140ee-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 seas amended, relating to
nondiscrimination in the sale, rental or financing ofhousing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination oil 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 Agreemeni.
12. ASSIGNMENT/SURCONMACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph I shall be incorporated by reference
into any assignment or subcontract and any assignee or subcontractor shal I comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
13, LO-MPLIANCE WITH LAW AND LICENSE REQUIREMMENTS
in providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of [lie Federal and State government, ordinances, rules and regulations pertaining to,
or regulating the provisions of'. such services. including those now in effect and hereinafter
adopted- Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these Specifications throughout the term ofthis Agreement.
14. DISCLOSURE AND CONFLICT OF LNTEREST
CONTRACTOR represents that it, its directors'principles and employees, presently have
no interest and shall acquire no interest, either director indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect, 1] 2.311,
cl. seq.. Florida Statutes. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Sectitin 112-313, Florida Statutes, regarding, but not limited to,
solicitation Or acceptance Of gifts: doing business with one's agency; unauthorized
January 2011
CompenWion., misuse ol"public position, conflicting employment or contractual relationship; and
disclosure or use of certain infon-nation.
COUNTY and CONTRACTOR warrant that, if) respeci to INCH''it has neither employed
nor retained any company or person, other than a bona ride employceworking 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 firth, other than a bona fide. employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision. the CONTRACTOR
agrees- that the COUNTY shall have the right to terminate this Agreement without liability and,
a( its discretion, to offset from monies owed, or otherwise recover, the NII amount of such fee,
Commission, percentage, gift. or consideration.
15. NO PL]t:DGE OF CREDIT
CONTRACTOR shall not pledge the, COUNTY'S credit or make it a guarantor of
paymem or surety for any contract. debt. obligation. judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair ifs ability to Iu I ft I I the ten ns of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other patty by certified mail, returned receipt
requested, to the following:
FOR COUNTY: LOR CON ACT
Monroe County Best Janitorial & Supplies, Inc.
Facilities Maintenance Department ATTN: Pedro M. Diaz
3583 South Roosevelt Boulevard 6900 NW 37'h Avenue
Key West, FL 33040 Miami, FL 33147
and
Monroe County Attorney
PO. Box 1026
Key West, FIL 33041-1026
17. TAXES
COUNTY is exempt Iron, payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue oftlit! COUNTY'S exemption from paying
sales tali to its suppliers lbr materials used to fulfill its obligations under thiscontract. 11iii, is
CONTRACTOR authorized to use the COLNTY'S Tax Exemption Number ill securing such
materials. CONTRACTOR shall be responsible for all) and jIll taxes. or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY may ten-ninate this Agreement with or without cause prior to the
commencement of work.
-Agreement
7
MEMM
B. The COUNTY
or CONTRACTOR may terminate this Agreement for cause with
seven (7) days noticeCONTRACTOR. Causeconstitute of
obligations,
...• of
either party to perform the obligationsa under
C. Either of the parties hereto may cancel this agreement without
other partydays written noticeof _
any
further obligatinn underof the contract•
4min I 4 4
•
20. MEDIATION
The COUNTY and C ON-T-RAC:J-Olt 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 mcdiation prior to file 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 £'ivil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
21. SEVERABILITY
If any term, covenant. condition or provision of this Agreement (or the application
thereof toany circumstance or person) be declared invalid or unenforceable•; any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby;; 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 4covenants,4 • 1
Agreementprovisions of this • '.. 1 _
accomplishment original
CONTRACTORAgreement. The COUNTY and
• Agreement,
, to replace
stricken provision with a vali; provision that comes as close as possible
to
the intent of
stricken provision.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative ;proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, (lie prevailing party shall be entitled to reasonable. attornev's
furs in both trial and appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
23. A C TI N 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 6 January 2011
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue orissues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided bythis Agreement or by Florida law.
24, LO-OPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation,, execution, perl'ormarice, 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 .AgrBement. 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,
,,uccessors, 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 OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided that
all applications, requests. grant proposals. and funding solicitations shall be approved by each
party prior to submission.
28. ER-1VILEGESA NDIMMUNITIES
All of tne privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits which
3PPIY to the activity of'officers, agents. or employees of any public agents or employees of the
COUNTY. when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the performance of
such functions and duties of'such otTicers. agents, volunteers, or employees outside the territorial
limits of the COUNTY.
29. LEGAL OBIRAICIAT[ONS AND RESPONSLBILITIES
This Agreement is not intended to. nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent
of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
9 January 2011
Agreement
.., intended
to, be a as. authorizing
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution.
. N_ON-RELIANCE BY NQN.PARTIES
o person or entity shall be entitled to rely upon the tenns, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of
y service or program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
31. ATTESTATIONS
CONTRACTOR
+a agrees
require,Public
a a Drug -Free
Workplace Statement.
32• NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of one County in his or her in
capacity, and no member, officer. agent oremployee 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 tills Agreement,
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as, an original.constitute
4
♦ any of the ♦. ! may execute this Agreement counterpart.anysuch
SECTION34. 1
Section headings have been inserted in this Agreement as a matter of convenience
only,reference ! it is agreed that such section headings are not a part of this Agreement an
will not be used in the interpretation of any provision of this Agreement. I.
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, ina) not submit a bid on a contract with a public entity for the
construction or repair ol'a public building or public work, tltav not submit bids on leases of real
property to a p-.rblic entity. may not be awarded or perform work as a Construction Manager.
supplier. subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
Agreement 10 mJarlwary?Di)
287.017. for CATEGORY TWO for a period of 36 mont , hs from the date of being placed on the
convicted vendor list,"
36. MUTUAL. -REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship,
37. INCORPORAIIQN OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
38. ANN JAL APPROPRIATION
The County"s performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the County
funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and
t i he County has no further obligation under the terms of this Avreement to t: frqn h
-RESS WHEREOF, COUNTY and CONTRACTOR hereto have executed thlos
ie day and date first written above in four (4) counterparts, each of which shall,
iccounting for the Other counterparts, be deemed an Original contract. IME
Deputy Clerk
Date:
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Date
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TY OIDA
Date:
BEST JANITORIAL& SUPPLIES, INC
Signature of person authorized
legally bind Corporation
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Print Name
Address: A-11 1-7,0
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GARKII�Lher
-,I)• Notary Public - Ira I %Auj
MY comm. Expires Jan 20. 20115 OU ATTQ NEY
Date Commission 0 EE 29047 P ED M
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