Item B11 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Division: Public Works/Engineering
Bulk Item: Yes X No _ department: Facilities Maintenance
Staff Contact Person: Dent Pierce/305-292-4560
AGENDA ITEM WORDING: Approval to extend contract with G & K Uniform Services for the
Division of Public Works/Engineering uniform services pending transition of a new bid award and
contract.
ITEM BACKGROUND: G &K's agreement will expire on August 26, 2013. On July 30, 2013,
three bids were received with Cintas Corporation being the lowest bidder. Cintas Corporation has
given notice on August 08, 2013 that they cannot accept the bid award as published so our
recommendation will be the next lowest bidder,UniFirst Corporation.
PREVIOUS RELEVANT BOCC ACTION: On August 18, 2010,the BOCC approved award of bid
and contract with G & K Uniform Services. On July 20,2011, the BOCC approved an amendment and
first renewal term. On August 15, 2012, the BOCC approved the second renewal, which terminates on
August 26, 2013.
CONTRACT/AGREEMENT CHANGES: The extension will commence August 27, 2013, and
continue on a month to month basis pending transition of new bid award and contract.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: approx. S2,000/month INDIRECT COSTS_ BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem, Gas Tax
internal billing
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 9' B/Purc�ng ' Risk Managemen
jj�7
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: G & K Uniform Services Contract#
Effective Date: 08/27/13
Expiration Date: Month to Month
Contract Purpose/Description:
Approval to extend the contract on a month to month basis with G & K Uniform
Services for the Division of Public Works/Engineering uniform services pending
transition to a bid award and contract.
Contract Manager: Alice Steryou 4549 Facilities Maint/Sto #4
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 08/21/13 Agenda Deadline: 08/06/13
CONTRACT COSTS
Total Dollar Value of Contract: $ Approx. Current Year Portion: Approx
$2,000/Munth $ $4,000
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-&101 20505 530 340
Grant: $ N/A 147-20503-530-340-& 102 22500 530 340
County Match: $ N/A 001-20502-530-340-&414-40000-530 340
504-23501-530-340-
ADDITIONAL COSTS
Estimated Ongoing Costs. $ /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed eviewer
Division Director � Yes[-] No S19 W1
Risk Management LIE) Yes[:] NoUll '-r
O.M.B./Purchasing=1J Yes[] Nom( +�
County Attorney Yes[] NorXb l
Comments:
OMB Form Revised 2/27/01 MCP#2
MONTH TO MONTH AGREEMENT
Uniform Services
THIS EXTENSION AGREEMENT is made and entered into this 4 f 4
day of J4 , 15 -4 , 2013,
between MONROE COUNTY (hereinafter "County" or "Owner'), a political subdivision of the State of
Florida, whose address is 1 100 Simonton Street, Key West, Florida 33040, and G & K SERVICES CO.
("CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida, whose address is
3050 SW 42 Street, Fort Lauderdale, FL 33312.
WHEREAS, the parties hereto did on August 18. 2010 enter into an agreement for uniform services
(hereinafter "Original Agreement "), as amended and renewed on July 20, 2011, and
WHEREAS, the parties have found the Original Agreement and the Amendment and 1sT Renewal
Agreement and 2 "' Renewal Agreement to be mutually beneficial; and
WHEREAS, the contract went to bid with the lowest bidder being Cintas Corporation; and
WHEREAS, Cintas Corporation has notified us on August 08, 2013 that they cannot accept the bid
award as published; and
WHEREAS, our recommendation will be the next lowest bidder, UniFirst Corporation; and
WHEREAS, the parties find that it would be mutually beneficial to enter into this Month to Month
Agreement with G & K Services pending transition of a new bid award and contract; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree ns follows:
1. In accordance with Paragraph 4 of the Original Agreement, the contract term will commence on
August 27, 2013 on a month to month basis;. Effective August 27, 2012, payment amounts in Item 3. D. will
remain as follows:
PAYMENT AMOUNT
Item #I -Shirts: Long Sleeve
Contractor Item #1010 -015
35% Cotton 65 % Polyester
$1.73 per person per week
Item #IA - Shirts: Long Sleeve
Contractor Item #1016 -741
100% Cotton
$2.30 per person per week
Item #2 - Shirts: Short Sleeve
Contractor Item #1010 -015
35% Cotton 65 % Polyester
$1.73 per person per week
Item #2A- Shirts: Short Sleeve
Contractor Item #1016 -741
100% Cotton
$2.30 per person per week
Item #3 - Shirts: Polo
Contractor Item #1026 -324
50% Cotton 50% Polyester
$2.99 per person per week
Item #4 —Pants: Long
Contractor Item #1210 -015
35 °fin Cotton 65% Polyester
$1.73 per person per week
Item #4A — Pants: Long
Contractor Item #1226 -741
100% Cotton
$2.30 per person per week
Item #5 — Pants: Shorts
Contractor Item #1236 -015
35% Cotton 65% Polyester
$1.73 per person per week
Print Name
Item #5A - Pants: Shorts
100% Cotton
written.
Contractor Item #1236 -741
$2.87 per person per week
2. Except as set forth in paragraph l of this Amendment and Extension Agreement, in all other
respects, the terms and conditions set forth in the Original Agreement and Amendments remain in
full force and effect. _
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
BY _ By -
�Deputy Clerk Mayor /Chairperson
Witnesses for CONTRACTOR: G & K SERVICES CO.
Signature
B y-
Print Name Print NameX0 �ol'
-- - - Address:
Signature _ C;rj-
Telephone Number: ,,.? - 3 -9 `/ap
Print Name
.4rNR D AS 1 '>'l _.
PEDRO J M' d' }
ASS - S !'11tl i t3ll _
Date ! /�
E
COP SECOND RENEWAL AGRF NT { j
Uniform Services
THIS SECOND RENEWAL- AGREEMENT is made and entered into this 15' � day of
2012, between MONROE COUNTY (hereinafter "County" or "Owner "), a political
su fERVICFS vision of the State of Florida, whose address is 11,00 Simonton Street, Key West, Florida 33040, and G &
I CO. ( "CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida,
whose address is 3050 SW 42 Street, Fort Lauderdale, FL 33312.
WHEREAS, the Parties hereto did on August 18, 2010 enter into an agreement for uniform services
(hereinafter "Original Agreement "), as amended and renewed. on July 20, 2011, and
W •IEREAS, the parties have found the Original Agreement and the Amendment and l Renewal
Agreement to be mutually beneficial, and
WHEREAS, the parties find that it would be mutually beneficial to enter into this 2n renewal agreement;
now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to
renew the, Original Agreement for the second of the two (2) one -year terms. This tenn will commence on
August 27, 2012 and terminate August 26, 2013; and the amounts shall be adjusted 3% 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 for December 31 of the previous year. Effective
August 27, 2012, payment amounts in Item 3. D. will be as follows:
PAYMENT AMOUNT
Item # ( -Shirts. Long Sleeve
35% Cotton 65 % Polyester
Item #I A - Shirts: Long Sleeve
100% Cotton
Item #2 Shirts: Short Sleeve
35% Cotton 65 % Polyester
Item #2A- Shirts: Short. Sleeve
100% Cotton
Item #3 - Shirts` Polo
50 %'o Cotton 50% Polyester
Item #4 —Pants: Long
35% Cotton 65% Polyester
Item #4A — Pants: Long
100 Cotton
Contractor Item # 10 10-0 15
$1,73 per person per week
Contractor :item #1016 -741
$2.30 per person per week
Contractor Item #1010 -015
$:1.73 per person 'per week
Contractor Item #1016 -741
$2.30 per person per week
Contractor Item # 1026 -324
$2,49 per person per week
Contractor Item #1210 -015
51.73 per person per week
Contractor Item # 1226 -741
$2.30 per person per week
Item #5 — Pants: Shorts
35% Cotton 65% Polyester
Item 45A — Pants: Shorts
Contractor Item #~1236 - 015
$1.73 per person per week
Contractor Item #1236 -741
1
100% Cotton. $2.87 per person per week
2. Except as set forth in paragraph 1 of this Amendment and 2nd Renewal. Agreement, in all other
respects, the terns and conditions set forth in the Original Agreement and Amendments remain in
full force and effect.
LN NITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
' AJ:T D!XNN Y L. KOLHAGE, CLERK
By
Deputy Clerk
Witnesses for CON "TItA
Signature
U!
BOARD OF COUNTY COMMISSIONERS
OF MON'ROE COUNTY, FLORIDA
i
By__ _.
Ma r /Chairperson
G & K SERVICES CO
Print Name
F.
AMENDMENT and 1" RENEWAL AGREEMENT
Uniform Services
T IS AMENDMENT AND 1 RENEWAL AGREEMENT is made and entered into this �� day of
2011, between MONROE COUNTY (hereinafter "County" or "Owner' -political
political
subd&isi& of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and G &
K SERVICES CO. ( "CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida,
whose address is 3050 SW 42 Street, Fort Lauderdale, FL 33312.
WHEREAS, the parties hereto did on August 18, 2010 enter into an agreement for uniform services
(hereinafter "Original Agreement "); and
WHEREAS, both parties desire to amend the Original Agreement to add an additional service location;
and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and
WHEREAS, the parties find that it would be mutually beneficial to enter into this Amendrr ent and I'
renewal agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. SCOPE OF WORK, Item I, of the Original Agreement is amended to add an additional service
location at the Murray E. Nelson Government and Cultural Center in Key Largo as follows:
I. Service Locations are as follows:
• Monroe County Garage Complex
3583 S. Roosevelt Blvd.
Key West, FL 33040
Department(s) Included:
Facilities Maintenance
Road Department
Higgs Beach
• Monroe County Courthouse Annex
502 Whitehead Street
Key West, FL 33040
Department(s) Included:
Facilities Maintenance
• Monroe County Detention Facility
5501 College Road
Stock Island, FL 33040
Department(s) Included:
Correction Facilities
• Big Pine Key Community Park Center
31009 Atlantis Boulevard
Big Pine Key, FL 33043
Departments Included: Facilities Maintenance Department
Parks & Beaches
• Marathon Public Works
10600 Aviation Blvd.
Marathon, FL 33050
Department(s) Included: Facilities Maintenance Dep ment
Road Department
Parks & Beaches
Correction Facilities
Plantation Key Public Works
186 Key Heights Drive
Plantation Key, FL 33070
Department(s) Included:
Murray E. Nelson Government
and Cultural Center
102050 Overseas Highway
Key Largo, FL 33070
Department(s) Included:
Card Sound Toll Authority
11180 C.R. 905
Key Largo, FL 33037
Facilities Maintenance Department
Road Department
Correction Facilities
Parks & Beaches
Facilities Maintenance
2. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to
renew the Original Agreement for the first of the two (2) one -year terms. This term will commence I n August
27, 2011 and terminate August 26, 2012; and the amounts shall be adjusted 1.5% in accordanc 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 for December 31 of the previous year„ Effective
August 27, 2011, payment amounts in Item 3. D. will be as follows:
PAYMENT AMOUNT
Item #1 - Shirts: Long Sleeve Contractor Item #1010 -01
35% Cotton 65 % Polyester $1.68 per person per wee
Item 41A - Shirts: Long Sleeve Contractor Item #1016 -74
100% Cotton $2.23 per person per wee
Item #2 - Shirts: Short Sleeve Contractor Item #1010 -01
35% Cotton 65 % Polyester $1.68 per person per wee
Item #2A- Shirts: Short Sleeve Contractor Item #1016 -74
100% Cotton $2.23 per person per wee
Item 43 - Shirts: Polo Contractor Item 41026 -3
50% Cotton 50% Polyester $2.90 per person per we
Item #4 — Pants: Long
Contractor Item #1210 -015
35% Cotton 65% Polyester
$1.68 per person per weep
Item #4A —Pants: Long
Contractor Item #1226 -7411
100% Cotton
$2.23 per person per week
Item #5 —Pants: Shorts
Contractor Item # 1236 -01
35% Cotton 65% Polyester
$1.68 per person per weep
Item #5A — Pants: Shorts
Contractor Item #1236 -741
100% Cotton
$2.79 per person per we
3. Except as set forth in paragraphs I and 2 of this Amendment and I st Renewal Agree ent, in all
other respects, the terms and conditions set forth in the Original Agreement remain in full force and
effect.
S WHEREOF, the parties hereto have set their hands and seals the day and year first above
KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO UN Y, FLORIDA
B k
ayor C irperson
Witnesses f r CONTRACTOR:
Signature
Z `,,4
Print Name
Signature
fTyG.TQd�.
Print Name
G & K SERVICES CO.
By C V
Print Name (>VALTFJL CPJVA C1L
Address: DSO SW 4a" S IT
fIr LPIMULON -4- PL. 3 33 t
Telephone Number: q StA - 3 a`l'b - I
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO UN Y, FLORIDA
B k
ayor C irperson
Witnesses f r CONTRACTOR:
Signature
Z `,,4
Print Name
Signature
fTyG.TQd�.
Print Name
G & K SERVICES CO.
By C V
Print Name (>VALTFJL CPJVA C1L
Address: DSO SW 4a" S IT
fIr LPIMULON -4- PL. 3 33 t
Telephone Number: q StA - 3 a`l'b - I
3
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ci,
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o
3
AGREEMENT
PUBLIC WORKS UNIFORM SERVICES
This Agreement is made and entered into this J day of August, 2010, between
MONROE COUNTY, FLORIDA ( "COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and G & K
SERVICES CO. ( "CONTRACTOR "), a foreign corporation authorized to do business in the
State of Florida, whose address is 3050 SW 42 Street, Fort Lauderdale, FL 33312.
WHEREAS, COUNTY desires to provide uniform services for Monroe County
Division of Public Works, and
WHEREAS, CONTRACTOR desires and is able to provide uniform services to
Monroe County Public Works; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
uniform services to, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
THE AGREEMENT
The Agreement consists of this document and any amendments hereto, the bid documents,
exhibits, and any addenda only. In the event of a discrepancy between the documents,
precedence shall be determined by the order of the documents as just listed.
SCOPE OF THE WORK:
A. Upon award of contract, the Monroe County Division of Public Works shall furnish
the CONTRACTOR with a list of employee's names, departments, and sizes of uniforms
required. The CONTRACTOR shall supply no more than eleven (11) new clean shirts and
eleven (11) new clean pairs of pants or shorts, or combination of both, for each employee on
the list. The amount of new uniforms to be distributed to COUNTY employees will be
determined upon award of the Contract. The garments shall be in the sizes, color, style, and
material type as referenced on the list provided to the CONTRACTOR.
B. Each shirt shall have two (2) sewn on patches; one on the right side of the chest
"Monroe County Public Works ", and one on the left side of the chest indicating the
employee's name.
C. The Monroe County Division of Public Works designee (Contract Monitor) will
inform the CONTRACTOR of any additions or deletions from the employee list as they
occur.
Area department heads shall designate a person(s) who will be responsible to sign for all
uniforms picked up and delivered within their respective departments, and notify the contract
monitor of any and all changes covering contract services, i.e., adding or deleting an
employee, etc.
�y�.emvnz 1 July 2010
D. Each week, the CONTRACTOR shall obtain soiled uniforms from the locations
described in Paragraph I, below. Soiled uniforms shall be replaced with the exact amount of
clean garments.
E. All the garments shall be, and at all times remain, the property of the CONTRACTOR
F. Wom out, damaged or size changing garments shall be replaced by the
CONTRACTOR on an as needed basis as directed by the COUNTY at no additional cost to
the COUNTY. There will be no fee or charge for returned items should any garment being
returned to CONTRACTOR be deemed unusable by CONTRACTOR.
G. Bid prices shall include all installation, preparation, i.e. prep charges, swing suit, name
tag, COUNTY emblems, and style /color, replacement of worn out or damaged garments, and
shall be on a "per employee" basis. Shirts shall be white, light brown, or light blue. Pants
and/or shorts shall be light brown, dark brown, or dark blue. There will be no additional fee
or charge for these services when uniforms are replaced for any reason and/or new employees
are added.
Should Monroe County require additional services or items provided by CONTRACTOR but
said services and/or items have not been specifically defined in the Bid Documents, then a
proposal will be requested from the CONTRACTOR and, if the proposal for these services
and/or items is acceptable to Monroe County, a separate purchase order will be obtained for
payment thereof. In all other respects, the contract parameters will be adhered to.
H. Upon delivery, an employee of the CONTRACTOR, in the presence of the
COUNTY's Designated Representative, will count the number and types of garments
delivered, and shall provide the COUNTY with a receipt stating the number and types of
garments delivered, which receipt shall be acknowledged by the signature of the COUNTY's
Designated Representative as to accuracy and receipt. At the same time, and the same
locations, the CONTRACTOR shall collect and count, in the presence of the COUNTY's
Designated Representative, all the garments previously supplied, which have become soiled,
for laundering and subsequent re- delivery, and shall provide the COUNTY with a receipt both
as to the numbers and types of garments collected, which receipt shall be acknowledged by
the signature of the COUNTY's Designated Representative as to accuracy and receipt. These
receipts must be signed by the COUNTY's designated representative or the invoice cannot be
processed for payment.
I. Service Locations are as follows:
Monroe County Garage Complex
3583 S. Roosevelt Blvd.
Key West, FL 33040
Department(s) Included: Facilities Maintenance Department
Road Department
Higgs Beach
Monroe County Courthouse Annex
502 Whitehead Street
Key West, FL 33040
Department(s) Included: Facilities Maintenance Department
Agreement 2
July 2010
Monroe County Detention Facility
5501 College Road
Stock Island, FL 33040
Department(s) Included: Correction Facilities
Big Pine Key Community Park Center
31009 Atlantis Boulevard
Big Pine Key, FL 33043
Departments Included: Facilities Maintenance Department
Parks & Beaches
• Marathon Public Works
10600 Aviation Blvd.
Marathon, FL 33050
Department(s) Included:
• Plantation Key Public Works
186 Key Heights Drive
Plantation Key, FL 33070
Department(s) Included:
Card Sound Toll Authority
11180 C.R. 905
Key Largo, FL 33037
3. PAYMENTS TO CONTRACTOR
Facilities Maintenance Department
Road Department
Parks & Beaches
Correction Facilities
Facilities Maintenance Department
Road Department
Correction Facilities
Parks & Beaches
A. COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
B. 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 invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the CIerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is
based on generally accepted accounting principles and such Iaws, rules and regulations as
may govern the Clerk's disbursal of funds.
D. PAYMENT AMOUNT
Item #1- Shirts: Long Sleeve
35% Cotton 65 % Polyester
Item #1A- Shirts: Long Sleeve
100% Cotton
Contractor Item #1010 -015
S 1.65 per person per week
Contractor Item #1016 -741
$2.20 per person per week
Agreement 3 July 2010
Item #2 - Shirts: Short Sleeve
35 1 /6 Cotton 65 % Polyester
Item #2A- Shirts: Short Sleeve
100% Cotton
Item #3 - Shirts: Polo
50% Cotton 50% Polyester
Item #4 —Pants: Long
35% Cotton 65% Polyester
Item #4A —Pants: Long
100% Cotton
Item #5 —Pants: Shorts
35% Cotton 65% Polyester
Item #5.A — Pants: Shorts
100 Cotton
Contractor Item #1010 -015
$1.65 per person per week
Contractor Item #1016 -741
$2.20 per person per week
Contractor Item #1026 -324
$2.86 per person per week
Contractor Item #1210 -015
$1.65 per person per week
Contractor Item #1226 -741
$2.20 per person per week
Contractor Item #1236 -015
$1.65 per person per week
Contractor Item #1236 -741
$2.75 per person per week
The above include both men's and women's garments.
There shall be no additional charge for replacement or repair of damaged garments, any such
charge is included in the above prices.
Monroe County reserves the right to choose style as indicated above.
4. TERM OF AGREEMENT
This Agreement shall commence on August 27, 2010, and ends upon August 26, 2011,
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 initial term. Unless the context
clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial
term of one (1) year.
The Conlract 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 31 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.
AWown*t 4
July 2010
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 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 A
spent for purposes not authorized by this Agreement, the CONTRACTOR moment were
monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the e
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 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.
S. HOLD HARNM ESS AND MM A_NCE
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 or expenses 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,
sub - contractors or other invitees during the term of this AGREEMENT, (B) the negligence or
willful misconduct of CONTRACTOR or any of its employees, agents, sub- contractors or
other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it
undertakes under the terms of this AGREEMENT, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole
negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,
agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions,
causes of action, litigation, 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.
The COUNTY, as a political sub - division of the State of Florida, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for
its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the CONTRACTOR or COUNTY, and agrees to be liable to the statutory limits
for any damages proximately caused by said acts or omissions, or intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by the COUNTY of any
Agent 5 July 2010
Protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
Provision of law.
Each Party agrees that it will give the other party prompt and timely notice of any claim made
or suit instituted which might affect the other party under this section.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates
of Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
- Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $1,000,000.00 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.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits
of liability of not less than $1,000.000.00 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
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 endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
9. NON - WAIVER OF �y
Notwithstanding 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- 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 Agreement entered into by the COUNTY be required to contain any provision
for waiver.
10. INDEPENDENT C ONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
not an employee of the Board of County Commissioners of Monroe County. N�m ent
contained in 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 of County Commissioners
of Monroe County.
Agreement 6 July 2010
11. NONDISCRMIDNATION
CONTRACTOR 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 that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. CONTRACTOR agrees
to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title 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) 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 VIII 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 maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
12. —ENT/SUBCQNTRACT
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 shall be incorporated by reference into any
assignment or subcontract and any assignee or sub shall 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. COMPLIANCE WITH LAW AND LICENSE RE UIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. Any violation 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 of this Agreement.
AWWMnt 7
July 2010
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the
COUNTY recognize and 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.
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 skull have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR fiuther warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms 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 party by certified mail, returned receipt requested, to
the following:
FOR COUNTY
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West Fl. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041 -1026
FOR CONTRACTOR
G & K Services
3050 SW 42 Street,
Fort Lauderdale, FL 33312
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is
kWJWWIIV"X S July 2010
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7)
days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either
party to perform the obligations enumerated under this Agreement. Either party may
terminate this agreement without cause upon sixty (60) days written notice.
19. 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 Agreements 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 he
in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
21. SEVERABILITy
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected ther eby; 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.
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, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in 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.
July 2010
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of COUNTY and
CONTRACTOR. 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
COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and
CONTRACTOR specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
26. AUTHORITY
Each Party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary COUNTY and corporate action,
as required by law.
27. CLAIMS FOR FEDERAL 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. PRIVILEGES AND EWAL MS
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
COUNTS.', 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.
Agreement 10 July 2010
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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.
30. 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.
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 PERSONAL LIABELITY
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.
33. 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.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
Aanwnent 11 July 2010
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Djk- 5§ WHEREOF, COUNTY and CONTRACTOR hereto have executed this
nd date first written above in four (4) counterparts, each of which
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£or Vuntin 9 for the other counterparts, be deemed an original contract.
,
CLERK
Clerk
Date:_ AUG 1 8 ZO1Q
Witnesses for CONTRACTOR:
Signature
Date
Signature;
Date
COUNTY
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
M or Syl a J. Murphy
Date: AUG 1 8 2010
G& K SERVICES
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