Item C11C.11
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida. Keys � � � l'U , Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: C.11
Agenda Item Summary #5188
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
none
AGENDA ITEM WORDING: Approval of 3rd Amendment to contract with Cliffhanger
Janitorial, Inc., for janitorial services at the Key West International Airport, renewing the agreement
for one (1) year and increasing total contract from $411,764.11/yr. to $419,587.63/yr. for annual CPI
adjustment of 1.9%.
ITEM BACKGROUND: The County held a bid opening on December 3, 2015, following the
issuance of a notice of competitive solicitation for janitorial services at KWIA. Cliffhanger
Janitorial (Cliffhanger) was determined to be the most responsive bidder, and on February 10, 2016,
the BOCC awarded the bid and contract to Cliffhanger for one-year with three (3) one-year renewal
options. On March 15, 2017, the BOCC approved the First Amendment to contract, extending the
agreement for one (1) year and increasing annual contract to $403,294.92/yr. for annual CPI
adjustment. On February 21, 2018, the BOCC approved the 2nd amendment to contract, extending
the agreement for one year and increasing annual contract to $411,764.11. This is the third and final
one-year renewal option.
PREVIOUS RELEVANT BOCC ACTION:
Approved request to advertise for bids for janitorial services on May 20, 2015, and awarded bid and
contract to Cliffhanger Janitorial, Inc. on February 10, 2016. Approved 1st amendment to contract
on March 15, 2017 and 2nd amendment to contract on February 21, 2018.
CONTRACT/AGREEMENT CHANGES:
Effective March 1, 2019, contract renews for final one year term and annual contract amount
increases from $411,764.11/yr. to $419,587.63/yr. for annual CPI adjustmeet of 1.9%.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
3rd Amendment Cliffhanger Janitorial
Packet Pg. 534
C.11
FINANCIAL IMPACT:
Effective Date:03/01/2019
Expiration Date: 2/28/2020
Total Dollar Value of Contract: $419,587.63/yr.
Total Cost to County: none
Current Year Portion:
Budgeted: Yes
Source of Funds: Airport operating fund 404
CPI: 1.9%
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
If yes, amount:
Beth Leto
Completed
01/29/2019 1:56 PM
Richard Strickland
Completed
02/01/2019 10:53 AM
Pedro Mercado
Completed
02/01/2019 11:39 AM
Budget and Finance
Completed
02/04/2019 9:19 AM
Maria Slavik
Completed
02/04/2019 10:04 AM
Kathy Peters
Completed
02/04/2019 10:46 AM
Board of County Commissioners
Pending
02/20/2019 9:00 AM
Packet Pg. 535
3`a AMENDMENT to CONTRACT FOR JANITORIAL SERVICES
CLIFFHANGER JANITORIAL, INC.
KEY WEST INTERNATIONAL AIRPORT
THIS THIRD AMENDMENT is made and entered into this day of ,
2019, by and between the Board of County Commissioners of MONROE COUNTY (County) and
Cliffhanger Janitorial, Inc., (Contractor).
WHEREAS, on February 10, 2016 the parties entered- into an agreement (hereafter
original agreement) for Contractor to provide janitorial services at the Key West International
Airport, as amended on March 15, 2017, and February 21, 2018, and
WHEREAS, in accordance with Section 4 of the original agreement, the parties wish to
renew the agreement for one (1) year and adjust the annual contract amount in accordance with
CPI-U for the preceding calendar year ending December 2018;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained, the parties do hereby agree as follows:
SECTION 1. Article 2. CONTRACT SUM of the original agreement is amended to read
as follows:
2. CONTRACT SUM. Effective March 1, 2019, the County shall pay to the
Contractor for the faithful performance of said service on a per week in arrears
basis for each of twelve (12) months. The Contractor shall invoice KWIA weekly
for janitorial services performed under the Specifications contained herein. The
Contract amount shall be $419,587.63 per year ($411,764.11 per year plus 1.9% CPI
adjustment of $7,823.52)."
SECTION 2. Article 4. TERM OF CONTRACT/RENEWAL of the original agreement is
amended to read as follows:
4. TERM OF CONTRACT/RENEWAL.
a) This Contract shall be for a period of one year commencing on
March 1, 2019 and terminating on February 28, 2020.
b) Should additional service be required at KWIA on a permanent
basis, the additional specific tasks, and costs for these tasks, will be mutually
agreed upon in writing, and approved by the Airport Manager and by the
Contractor."
SECTION 3. All other provisions of the February 10, 2016 original agreement, as
amended on March 15, 2017, and February 21, 2018, not inconsistent herewith shall remain in
full force and effect.
Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this P Amendment to be executed by
their respective officer or representative thereunto duly authorized the day and year first above
written.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
1.2
Deputy Clerk
This document was prepare
Pedro J. Merca�o, Esq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: w
Mayor/Chairman
CLIFFHANGER-1N
"45 oil
By: ,
Ro erto Calderin
_. Title
as to form by:
Page 2 of 2
2°d AMENDMENT to CONTRACT FOR JANITORIAL SERVICES
CLIFFHANGER JANITORIAL, INC.
KEY WEST INTERNATIONAL AIRPORT
THIS FIRST AMENDMENT is made and entered into this day of faxUal
2018, by and between the Board of County Commissioners of MONROE COUNTY (County) an
Cliffhanger Janitorial, Inc., (Contractor).
WHEREAS, on February 10, 2016 the parties entered into an agreement (hereafter
original agreement) for Contractor to provide janitorial services at the Key West International
Airport, as amended on March 15, 2017, and
WHEREAS, in accordance with Section 4 of the original agreement, the parties wish to
renew th agreement for one (1) year and adjust the annual contract amount in accordance with
CPI-U for the preceding calendar year ending December 2017;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained, the parties do hereby agree as follows:
SECTION 1. Article 2. CONTRACT SUM of the original agreement is amended to read
as follows:
2. CONTRACT SUM. Effective March 1, 2018, the County shall pay to the
Contractor for the faithful performance of said service on a per week in arrears
basis for each of twelve (12) months. The Contractor shall invoice KWIA weekly
for janitorial services performed under the Specifications contained herein. The
Contract amount shall be $411,764.11 per year ($403,294.92 per year plus 2.1 % CPI
adjustment of $8,469.19)."
SECTION, 2. Article 4. TERM OF CONTRACT/RENEWAL of the original agreement is
amended to read as follows:
4. TERM OF CONTRACT/RENEWAL..
a) This Contract shall be for a period of one year commencing on
March 1, 2018 and terminating on February 28, 2019.
b) The parties shall have the option to renew this agreement after the
third year, for one additional one year period. The contract amount agreed to herein
may be adjusted annually, on the renewal date of each year, by a percentage equal
to the percentage increase in the CPI for urban consumers for the preceding
calendar year.
c) Should additional service be required at KWIA on a permanent
basis, the additional specific tasks, and costs for these tasks, will be mutually
agreed upon in writing, and approved by the Airport Manager and by the
Contractor."
Page 1 of 2
70
SECTION 3. All other provisions of the February 10, 2016 original agreement, as
amended on March 15, 2017, not inconsistent herewith shall remain in full force and effect.
. IN. WITNESS WHEREOF, the parties have caused this 2"d Amendment to be executed by
their respective officer or representative thereunto duly authorized the day and year first above
.written. =- "1•
r BOARD OF COUNTY COMMISSIONERS
�` ,`
Y` ATTEST: KEVIN MADOK, CLERK OF MONROj�COU Y, F IDA
By: By:
Deputy Clerk Mayor/Chairman
This document was
Pedro J. M_ ercado, Esq.
Assistant County Attorney
Florida Bar/No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
approved as to form by:
Title
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Page 2 of 2
Is' AMENDMENT to CONTRACT FOR JANITORIAL SERVICES
CLIFFHANGER JANITORIAL, INC.
KEY WEST INTERNATIONAL AIRPORT
THIS FIRST AMENDMENT is made and entered into this 1, ' day of Mldj ,
2017, by and between the Board of County Commissioners of MONROE COUNTY (County) and
Cliffhanger Janitorial, Inc., (Contractor).
WHEREAS, on February 10, 2016 the parties entered into an agreement (hereafter
original agreement) for Contractor to provide janitorial services at the Key West International
Airport, and
WHEREAS, in accordance with Section 4 of the original agreement, the parties wish to
renew the agreement for one (1) year and adjust the annual contract amount in accordance with
CPI-U for the preceding calendar year ending December 2016;
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained, the parties do hereby agree as follows:
SECTION 1. Article 2. CONTRACT SUM of the original agreement is amended to read
as follows:
2. CONTRACT SUM. Effective March 1, 2017, the County shall pay to the
Contractor for the faithful performance of said service on a per week in arrears
basis for each of twelve (12) months. The Contractor shall invoice KWIA weekly
for janitorial services performed under the Specifications contained herein. The
Contract amount shall be $403,294.92 per year ($394,999.92 per year plus 2.1 % CPI
adjustment of $8,295.00)."
SECTION 2. Article 4. TERM OF CONTRACT/RENEWAL of the original agreement is
amended to read as follows:
4. TERM OF CONTRACT/RENEWAL.
a) This Contract shall be for a period of one year commencing on
March 1, 2017 and terminating on February 28, 2018.
b) The parties shall have the option to renew this agreement after the
second year, for two additional one year periods. The contract amount agreed to
herein may be adjusted annually, on the renewal date of each year, by a percentage
equal to the percentage increase in the CPI for urban consumers for the preceding
calendar year.
c) Should additional service be required at KW1A on a permanent
basis, the additional specific tasks, and costs for these tasks, will be mutually
agreed upon in writing, and approved by the Airport Manager and by the
Contractor."
Page 1 of 2
SECTION 3. All other provisions of the February 10, 2016 original agreement not
inconsistent herewith shall remain in full force and effect.
This
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed
'-'et've officer or representative thereunto duly authorized the day and year first above
MADOK, CLERK
Deputy Clerk
w imc5ses
was
J. Merq6do, Esq.
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
01 yor/Chairman
CLIFFHANGER JAN INC.
By:
Roberto Caldenn
Title
form by:
Page 2 of 2
CONTRACT FOR JANITORIAL SERVICES
CLIFFHANGER JANITORIAL, INC.
KEY WEST INTERNATIONAL AIRPORT
THIS CONTRACT, made and entered into this 101h day of February, 2016, by and
between the Board of County Commissioners of MONROE COUNTY (County) and
Cliffhanger Janitorial, Inc., (Contractor). The parties hereto, for the considerations herein set
forth, Mutually agree as follows:
1. SCOPE OF WORK. The Contractor shall provide janitorial services at the Key
West International Airport, including all necessary equipment required in the performance of
same, and perform all of the work described in the Scope of Work (Exhibit A), attached hereto
and incorporated as part of this document. The Contractor shall insure all exterior doors are
locked upon their departure after business hours.
f 2. CONTRAC17 SUM. The County shall pay to the Contractor for the faith I
performance of said service on a per week in arrears basis for each of twelve (12) months. T
Contractor shall invoice KWIA weekly for janitorial services performed under t
Specifications contained herein. The Contract amount shall be $394,999.92 per year.
3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that he has carefully examined the sites and h,
rnade investigations to fully satisfy himself/herself that such sites are correct and suitable on
for this I
work and he/she assumes full responsibility therefore. The provisions of the Contra
shall control any inconsistent provisions contained in the Specifications. All Specifications ha
been read and carefully considered by the Contractor, who understands the same and agrees
their sufficiency for the work to be done. Under no circumstances, conditions, or situatio
shall this Contract be more strongly construed against the County than against the Contract
(and his Surety, if applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted a
construed by the Airport Manager, and his decision shall be final and binding upon all partiesi
C) The passing, approval, and/or acceptance of any part of the work or material by
the County shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and Specifications covering said work. Failure on the part of the Contractor,
immediately after Notice to correct workmanship shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from the
Contractor, who shall in any event be jointly and severally liable to the County for all damage,
loss, and expense caused to the County by reasons of the Contractor's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with the
Specifications.
4. TERM OF CONTRACT/RENEWAL.
a) This Contract shall be for a period of one year commencing on March 1, 2016
and terminating on February 28, 2017.
b) The parties shall have the option to renew this agreement after the first year, for
three additional one year periods. The contract amount agreed to herein may be adjusted
annually, on the renewal date of each year, by a percentage equal to the percentage increase
the CPI for urban consumers for the preceding calendar year.
C) Should additional service be required at KWIA on a permanent basis, t
additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, a
approved by the Airport Manager and by the Contractor.
5. INDEPENDENT COTATRACTOR. At all times and for all purposes Lind
this agreement the Contractor is an independent contractor and not an employee of the Board
Z:)
County Commissioners for Monroe County. No statement contained in this agreement shall
construed so as to find the contractor or any of his/her employees, contractors, servants,
agents to be employees of the Board of County Commissioners for Monroe County. I
•,. ASSIGNMENT. The Contractor shall not assign this agreement, except
writing and with the prior written approval of the Board of County Commissioners for Monr
County and Contractor, which approval shall be subject to such conditions and provisions
the Board may deem necessary. This agreement shall be incorporated by reference into a
assignment and any assignee shall comply with all of the provisions of this agreement. Unle
expressly provided for therein, such approval shall in no manner or event be deemed to impo
any obligation upon the Board in addition to the total agreed -upon price of the services/gool of the contractor.
7. COMPLIANCE WITH THE LAW. In providing all services/goods pursua
to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulatio
[�;ertaining to, or regulating the provisions of, such services, including those now in effect a]
hereinafter adopted. Any violation of said statutes, ordinances, rules and regulation sh
constitute a material breach of this agreement and shall entitle the Board to terminate th
contract immediately upon delivery of written notice of termination to the contractor. T
Contractor shall possess proper licenses to perform work in accordance with the
specifications throughout the term of this contract. I
8. INSURANCE. Prior to execution of this agreement, the Contractor shall
furnish to the County Certificates of Insurance for the following coverage:
Worker's Compensation - $100,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy limits;
$ 100,000 Bodily Injury by Disease, each employee.
Vehicle Liability - $300,000 combined single limit;
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person,
$300,000 per Occurrence,
$200,000 Property Damage.
General Liability - $500,000 combined single limit.
Employee Dishonesty - $ 100,000 per occurrence.
9. INDEMNIFY AND HOLD HARMLESS. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs
4
or expenses (including, without limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the Transportation Security Administration
or any other governmental agency requires by reason of, or in connection with a violation of any
federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or
in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or
other invitees on the Airport during the term of this Agreement, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C)
Contractor's default in respect of any of the oblicrations that it undertakes under the terms of this
lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the term of
this Agreement or any earlier termination of this Agreement.
10. RECORDS. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to
this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or
Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
Contractor.
11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, and FEES.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
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.
12. SEVERABILITY. If any term, covenant, condition or provision of this
itr ifiv,214. tr
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
k
the event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
award against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. 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.
14. BITI-0,TW,—FXFF-C--T-7-h-p-lp-�m,�,--mvp-n-ants--c n"itLan&,a-n�mv-i&Lo-n--,-cf"b-L,;
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
15. AUTHORITY. Each party represents and warrants to the other that tm-
execution, delivery and performance of this Agreement have been duly authorized by
necessary County and corporate action, as required by law. I
16. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County
that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds
further the purpose of this Agreement; provided that all applications, requests, grant proposal
and funding solicitations shall be approved by each party prior to submission. I
17. ADJUDICATIONS 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 each of the parties. If no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
18. COOPERATION. In the event any administrative or legal pr=ing
instituted against either party relating to the formation, execution, performance, or 1) of th
Agreement, County and Contractor agree to participate, to the extent required by the oth
yarty, in all proceedings, hearings, processes, meetings, and other activities related to t
substance of this Agreement or provision of the services under this Agreement. County a
Contractor specifically agree that no party to this Agreement shall be required to enter into a
arbitration proceedings related to this Agreement. I
19. NONDISCRIMINATION. Contractor will comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685 -1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975; as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
4
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title V111 of
the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as may be amended from time to time, relating to nondiscrimination based of
disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to discrimination based on
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or State statutes which may apply to the parties to, or the subject matter of, this agreement. The
Contractor expressly understands that upon a determination by a court of competent jurisdiction
that the Contractor has discriminated against any person, this agreement automatically terminates
without any further action on the part of any party, effective the date of the Court order.
20. COVENANT OF 110 MOM% ST. County and Contractor covenant th
neither presently has any interest, and shall not acquire any interest, which would conflict
any manner or degree with its performance under this Agreement, and that only interest of ea
is to perform and receive benefits as recited in this Agreement. I
21. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
22. NO SOLICITATION/PAYMENT. The County and Contractor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
23. 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 of 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.
24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage, nor shall any contract entered into by the County be required
to contain any provision for waiver.
M
25. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the
same degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
26. LEGAL OBLIGATHONS AND RESPONSIBILITIES. Non -Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the County, except to the extent
permitted by the Florida constitution, state statute, and case law.
27. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
28. ATTESTATION& 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.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
31. SECTION HEADINGS. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
32. FUNDING AVAILABILITY. In the event that funds from Airports ContractO
Services are partially reduced or cannot be obtained or cannot be continued at level sufficient 0
allow for the purchase of the services/goods specified herein, this agreement may then
ral
terminated immediately at the option of the Board by written notice of termination delivered
person or by mail to the contractor. The Board shall not be obligated to pay for any servic
provided by the contractor after the contractor has received written notice of termination. I
authorized by law to engage in the performance of the activities herein described, subject to the
terms and conditions set forth. The provider shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided. Continuell
funding by the Board is contingent upon retention of appropriate local, state, and/or federal
• l'• licenser •' contractor.
34. NOTICE REQUIREMIENT. Any notice required or permitted under th
agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party
certified mail, returned receipt requested, to the following: I
FOR COUNTY
Airport Director
Key West International Airpor)
3491 S. Roosevelt Blvd.
Key West, FL 33040
(305) 809-5200
FOR CONTRACTOR
Cliffhanger Janitorial, Inc.
Roberto Calderin
554174 Ave.
Miami, Fl. 33166
Phone: (305) 796-1619
a) The County may cancel this contract for cause with seven days notice to tfl
contractor. Cause shall constitute a breach of the obligations of the Contractor to perform t1l.
services enumerated as the Contractor's obligations under this contract. I
b) Except for the County's termination because of non -appropriation in paragraph
32, either of the parties hereto may cancel this agreement without cause by giving the other
party thirty days written notice •I its intention to do •'.
a) General. The federal Transportation Security Administration is the federal agencM
primarily responsible for overseeing the security measures utilized by the airport own
pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopt
under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations
the statutes or regulations may result in severe civil monetary penalties being assessed agai
the airport operator. It is the intent of the airport operator that the burdens and consequences
any security violations imposed upon the airport operator as a result of actions by an airpo
tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by t
airport tenant. I
b) Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport
operator to conduct business on airport property. The term also includes an airport tenant as
defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is
c) Airport Operator Defined. As used in this Agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees.
d) Airport Property Defined. Airport property shall mean the property owned or
leased by, or being lawfully used by, the airport operator for civil aviation and airport -related
purposes. For purposes of this Agreement, airport property is the property generally referred to
as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e) Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of the airport operator or airport
tenant with the applicable security requirements of Chapter 49, United States Code, and 49
CFR 1540, et seq.
f) Airport Security Program. The airport tenant agrees to become familiar, to the
cxtent permitted by the airport operator, with the Airport Security Program promulgated by the
airport operator and approved by TSA, and also agrees to conform its' operations and business
activities to the requirements of the Airport Security Program.
g) Tenant Security Program. If permitted under TSA regulations, the airport tenant
may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49
CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security
Program that is approved by TSA, such program, as may be amended and approved from time
to time, shall be automatically incorporated into this Agreement.
h) Breach of Agreement. Should TSA determine that the airport tenant or one or more
of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted
to act as required, and such act or omission is a violation which results in TSA imposing a civil
penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance
Policy, such determination and imposition of a civil penalty by TSA shall be considered a
significant breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second violati
attributed to the airport tenant and is a civil penalty "minimum violation" as provided for
TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach
paying to the airport operator the total costs incurred by the airport operator, including a
fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking
remedial measures as may be agreed to by TSA, to include but not be limited to reasonab
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation,
taking of remedial action measures. If the violation is a third violation, or there are multip
violations in excess of two violations, that is or are a civil penalty "minimum violation", t
airport tenant shall pay to the airport operator the total costs incurred by the airport operato
including any fines or penalties imposed, in investigating, defending, compromisin's
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not
limited to reasonable attorney's fees and costs incurred in the investigation, defens"
compromising, mitigation, or taking of remedial action measures; and, further, the airpo
operator shall have the right to unilaterally cancel this Agreement, such cancellation to
effective thirty calendar days after receipt by the airport tenant of written notice of cancellati
of this Agreement by the airport operator.
0
(2). Moderate Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in
TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred by the airport operator, including any
fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or
taking of remedial action measures; and, further, the airport tenant may cause all of airport
tenant's employees involved in the airport tenant's business operations on the airport property
to undergo such security training as may be required by the airport operator. The total cost of
the training shall be paid for by the airport tenant. If the violation is a third violation, or there
are multiple violations in excess of two violations, that is or are a civil penalty "moderate
violation", the airport tenant shall pay to the airport operator the total costs incurred by the
airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to
include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the
airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to
be effective thirty calendar days after receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
(3). Maximum Violation. If the violation is the first violation attributed to
the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the
airport operator the total costs incurred by the airport operator, including any fines and
penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport tenant may cause all of airport tenant's
employees involved in the airport tenant's business operations on the airport property to
undergo such security training as may be required by the airport operator. The total cost of the
training shall be paid for by the airport tenant. If the violation is a second violation, or there are
multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall
pay to the airport operator the total costs incurred by the airport operator, including any fines or
penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to unilaterally
cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the
airport tenant of written notice of cancellation of this Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty
actions when the airport operator detects violations, promptly discloses the violations to TSA,
and takes prompt corrective action to ensure that the same or similar violations do not recur.
This /• is known as the TSA Voluntary Disclosure Program •• and is designed to
encourage compliance with TSA regulations, foster secure practices, and encourage the
development of internal evaluation programs. The airport tenant agrees that upon detecting a
violation the airport tenant will immediately report it to the airport operator. Should the TSA
M
ultimately determine that the violation was committed by the airport tenant, or an employee,
agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of
a letter of cor kqV__-4
�Operator the total costs incurred by the airport operator in investigating, defending, mitigating,
0
or taking of remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking
of remedial action measures. A violation resulting in the issuance of a letter of correction shall
not be considered to be a breach of this Agreement by the airport tenant.
(5). Survival of Sub -Section. This sub -section h shall survive the
cancellation or termination of this Agreement, and shall be in full force and effect.
i) Aold Aarmless; Indemnification; Defense; Release; Survival. Notwithstandi
any minimum insurance requirements prescribed elsewhere in this Agreement, the airpol
tenant agrees to hold harmless, indemnify, defend and release the airport operator, and t -
airport operator's elected and appointed officers and employees, from any claims, action,
causes of action, litigation, administrative proceedings, appellate proceedings, or oth
proceedings relating to any and all types of injury, including death, loss, damage, fine
penalties, or business interruption of any nature whatsoever, of or to any person or property i
connection with the use of the airport property Linder this Agreement, regardless of causati
and including criminal acts of third parties; and especially including any and all fine
penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation
additional security measures required to be implemented by any governmental agen
(including but not limited to the Federal Aviation Administration and the Transportati
Security Administration) resulting from a violation of any federal law or federal regulatio
This sub -section shall survive the cancellation or termination of this Agreement.
37. MUTUTAL REVIEW. This agreement has been carefully reviewed by the
Contractor and the County, therefore this agreement is not to be construed against either party on
the basis of authorship.
IN WITNE75' WHEREOF, the parties have caused this Agreement to be executed this
day of 2016.
150AR-P OF COJJ1TTCMT�fT1ISS1OT1ERS OF
MONROE COUNTY, FLORIDA
By:
A
.
By:,
Roberto Calderin
... . ................... ............................................................
4 It,
Witnesses Title
This docutp,At was prepAred,andapproved ,Agto form by:
Florida Bar No.: 0084050
P.O. Box 1026
Kep West FL 33041-102
(305) 292-3470
SCOPE OF R
JANITORIAL
Scope of Services for Janitorial work shall consist of:
UT MT 1 M1 ITT V
Check and clean restrooms every two hours (non -peak times lam- 11 am/3p-7pm)
Check and clean restrooms every hour (during peak time 11 am-2:30pm)
Clean area (4 times a day)
Empty and clean all trash cans and throw away in dumpster
Vacuum Area Rugs (1 time a day)
Sweep and spot clean floor smudges as needed
Disinfect seating and seating bases, dust ledges and countertops (1 time at pm)
Clean entrance door glass daily
Departure Area
Check and clean restrooms every 2 hours (non -peak times lam- 1 lam/3p-7pm)
Check and clean restrooms every 30 min.(during peak time 11 am-2:30pm)
Clean area (4 times a day) and vacuum daily
Empty and clean all trash cans and throw away in dumpster
Vacuum (1 time a day)
Disinfect seating and seating bases, dust ledges and countertops (1 time at pm)
Arrivals Area
Check and clean restrooms every 2 hours (non -peak times lam- 1 lam/3p-7pm)
Check and clean restrooms every 30 min.(during peak time 1 lam-2:30pm)
Check and clean area (4 times a day)
Empty and clean all trash cans and throw away in dumpster
Vacuum behind rental car counters (1 time a day)
Disinfect seating and seating bases, dust ledges and countertops (1 time in pm)
Terrazzo Floor: Cleaning and buffing required nightly
Airline Area
Check and clean baggage scale and bag belt
Empty and clean all trashcans and throw away in dumpster
Clean offices
Operations Area/Pilots Rest Rooms
Clean restrooms (1 time in am, 1 time in pm)
MAY " C' 'li , ffMrMffs1' 1 i 1
1, J"
IN
Terminal and Departure Bridge
Mop and buff floors.
Escalators and Stairs (Every other day)
Clean top and bottom landing area of escalator and stairs. Clean handrails and railings.
Glass Doors/Tracks/Windows and Sills/Passenger Bridge
Check and clean every other day.
Administrative Offices
Clean restrooms (after 5 pm)
Sweep, mop, dust stairwell leading to Admin Office
Clean, dust and vacuum each office and hallways
Empty and clean trash cans
Remove all trash to dumpster daily (after 5 pm)
Clean windows, window sills and dust blinds
Elevators
Clean walls, doors, door tracks and clean
Terminal and Arrival Area
Pick up litter, sweep, wipe off benches, empty ashtrays, remove gum, empty trash cans and put
in dumpster (2 times in am, 2 times in pm)
Airlines Area
Dust behind ticket counters and mop hallways
Vacuum
Customs Border Protection Building and Sheriff's Office
Clean restrooms
Clean interior of building
Empty and clean trash cans
Clean windows, windows sills and dust blinds
Vacuum
Greyhound Bus Station
Clean restrooms
Clean public area
Weekl-v Service (performed I time per week or as needed)
Elevator
Mop floors and spot clean walls
N
Monthly Service (performed I time per month or as needed)
Terminal
Strip and wax floors
Baggage Bridge and Stairwell
Sweep and buff bridge
Sweep and mop stairs
Clean handrails and doors
Clean interior windows
Quarterly Service (performed every 3 months or as needed)
Restrooms
Deep clean restrooms grout
Customs Border Protection and Sheriff's Office
Deep clean carpeting
Conch Flver Beach Bar
Clean windows
Semi — Annual Service (performed every 6 months or as needed)
High Window areas such as: VCB Bldg., Restaurants, East/West end of Terminal Building,
Passenger & Bag belt bridges, etc.
Detailed cleaning of interior and exterior of all high windows
Airline Area
Deep clean carpeting
Administrative Offices
Deep clean carpeting
Note: Morning shift will consist of one supervisor and four laborers and the night shift will
have one lead supervisor and two laborers (one of the night shift laborers shall be
experienced with and dedicated to floor maintenance).
H