Item C27 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2014 Division: Public Works/En gineerinp,
Bulk Item: Yes X No Department: Facilities Maintenance
Staff Contact Person: Dent Pierce,/305-292-4560
AGENDA ITEM WORDING: Approval to exercise the first option to renew the contract with
UniFirst Corporation for the Division of Public Works uniform services,
ITEM BACKGROUND: On August 21, 2013,the BOCC approved an agreement with UniFirst
Corporation for uniform services with(2) optional I year renewals.
PREVIOUS RELEVANT BOCC ACTION: On August 21, 2013, the BOCC approved award and
entered into a contract with UniFirst Corporation.
CONTRACT/AGREEMENT CHANGES: The first renewal will commence September,01, 2014
and terminate August 31, 2015; Uniform costs to increase by CPI-U of 1.5%. Amount increases from
$3.52 to$3.58 and $4.95 to$5.03 per Employee/Weekly.
Any combination of shirts/pants up to 11 sets range between $3.58 to $5.03.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Ranges from $3.58 to$5.03 INDIRECT COST: BUDGETED: Yes X No
Per Employee/Weekly: any combination of shirts/pants up to 11 sets
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY-.-,$ same SOURCE OF FUNDS: Ad Valorem, Gas Tax
& internal billing
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year $
L
APPROVED BY: County Attl_ OM B/Purchasing Risk Management .M11111-1,
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: UniFirst Corporation Contract#
Effective Date: 09/01/14
Expiration Date: 08/31/15
Contract Purpose/Description:
Exercise the first option to renew the contract with UniFirst Corporation for the
Division of Public Works uniform services, Monroe County.
Contract Manager: Alice Steryou 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 08/20/14 Agenda Deadline: 08/05/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 28,225.00 Current Year Portion: $ 2,352.09
approx —Budgeted? Yes® No n Account Codes: 001-20501-530-340-&10120505 530 340
Grant: $ N/A 147-20503-530-340-& 102 22500 530 340
County Match: $ N/A 001-20502-530-340
504-23501-530-340-
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
................
Division Director Yes[—] Nom
YeSD "A)
Risk Management NoE�
E:�
O.M.B./Purchasing YesE] No �04//q
41�YesEj No F71 1 C ex(Luv a,
County Attorney
Comments:
1"RENEWAL AGREEMENT
Uniform Services
This I ST RENEWAI, AGREEMENT is made and entered into this day of
.1 2014, between MONROE COUNTY, FLORIDA ("COUNTY"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
and UniFirst Corporation ("CONTRACTOR"), a foreign corporation authorized to do business in
the State of Florida,, whose address is 8140 NW 74th Ave., Suite 1, Miami, FL 33166.
WHEREAS, the parties hereto did on August 21, 2013 enter into an agreement for uniform services
(hereinafter"Original Agreement"); 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 I` renewal agreement;
now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. PAYMENTS TO CONTRACTOR
In accordance with Paragraph 3 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 on September 01, 2014 and
terminate August 31,2015; and the amounts shall be adjusted 1.5% 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 September 01, 2014, payment
amounts in Item 3. D. will be as follows:
PAYMENT AMOUNT
Item #1 - Shirts: Long Sleeve Contractor Item # 0102
35 % Cotton 65 % Polyester $1.79 per person per week/.1624 ea
Item #1A - Shirts: Long Sleeve Contractor Item # 0101
100 % Cotton $2.46 per person per week/.2233 ea
Item #2 - Shirts: Short Sleeve Contractor Item # 0202
35 % Cotton 65 % Polyester $1.79 per person per week/.1624 ea
Item #2A- Shirts: Short Sleeve Contractor Item # 0201
100 % Cotton $2.46 per person per week/.2233 ea
Item #3 - Shirts: Polo Contractor Item # 0268
50 % Cotton 50 % Polyester $2.34 per person per week/.2132 ea
Item #4 - Pants: Long Contractor Item # 1002
35 % Cotton 65 % Polyester $1.79 per person per week/.1624 ea
Item #4A - Pants: Long Contractor Item # 1001
100 % Cotton $2.57 per person per week/.2335 ea
Item #5 - Pants: Shorts Contractor Item # 1034
35 % Cotton 65 % Polyester $1.79 per person per week/.1624 ea
Item #5A - Pants: Pants will be cut to Shorts Contractor Item # 1001
100 % Cotton $2.57 per person per week/.2335 ea
Item #6 - Pants: Cargo Shorts Contractor Item # 1271
35 % Cotton 65 % Polyester $2.57 per person per week/.2335 ea
Item #6A - Pants: Cargo Shorts Contractor Item # 1271
35 % Cotton $2.57 per person per week/.2335 ea
Item #7 - Shirts: Mens Sport TecPolo Polo Contractor Item # 04MM
100% Polyester $2.34 per person per week/.2132 ea
Item #8-Womens Sport TecPolo Shirt Contractor Item # 05MM
100% Polyester $2.34 per person per week/.2132 ea
Item #9-Womens Cargo Shorts Contractor Item # 1OA9
35 % Cotton 65 % Polyester $2.57 per person per week/.2335 ea
Item #9A-Womens Shorts Contractor Item # 1002
35 % Cotton 65 % Polyester $1.79 per person per week/.1624 ea
Item #10-Womens Trill Flat Long Pants Contractor Item # 12AG
25 % Cotton 75 % Polyester $1.79 per person per week/.1624 ea
MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE.
Except as set forth in paragraph l of this Amendment and l st Renewal Agreement, in all other respects,the terms
and conditions set forth in the Original Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLOIDA
By: By:
Deputy Clerk. Mayor
Date: Date:
Witnesses for CONTRACTOR:
Signature of person authorized to
Signature legally bind Corporation
Date:
Date Print Name
Address:
Signature
Telephone Number
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E- E E EI E El E E E E E E
AGREEMENT
PUBLIC WORKS AND ENGINEERING UNIFORM SERVICES
This Agreement is made and entered into this JJ 5T day of 2013, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and UniFirst Corporation
("CONTRACTOR"), a foreign corporation authorized to do business in the State of Florida,,
whose address is 8140 NW 74h Ave., Suite 1, Miami, FL 33166.
WHEREAS, COUNTY desires to provide uniform services for Monroe County Division
of Public Works and Engineering, Facilities Maintenance and
WHEREAS, CONTRACTOR desires and is able to provide uniform services to Monroe
County Public Works and Engineering, Facilities Maintenance; 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:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda
only.
2. SCOPE OF THE WORK:
A. Upon award of contract, the Monroe County Division of Public Works and
Engineering, Facilities Maintenance 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 and Engineering, Facilities
Maintenance 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.
D. Each week, the Contractor shall obtain soiled uniforms from the locations described in
Paragraph 1, 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. Worn 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.
The Contractor shall be responsible to provide in their proposal, as an add alternate item, a system, or
insurance, to allow for the replacement of damaged or lost garments.
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
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 Department
Road Department
Parks&Beaches
Correction Facilities
Plantation Key Public Works
186 Key Heights Drive
Plantation Key, FL 33070
Department(s) Included:Facilities Maintenance Department
Road Department
Correction Facilities
Parks &Beaches
Card Sound Toll Authority
11180 C.R. 905
Key Largo,FL 33037
3. PAYMENTS TO CONTRACTOR
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 Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
D. PAYMENT AMOUNT
Item#1 -Shirts: Long Sleeve Contractor Item#0102
35 % Cotton 65 %Polyester $1.76 per person per week
Item#1A-Shirts: Long Sleeve Contractor Item#0101
100% Cotton $2.42 per person per week
Item#2-Shirts: Short Sleeve Contractor Item#0202
35 % Cotton 65 %Polyester $1.76 per person per week
Item#2A-Shirts: Short Sleeve Contractor Item#0201
100 % Cotton $2.42 per person per week
Item#3- Shirts: Polo Contractor Item#0268
50 % Cotton 50 %Polyester $2.31 per person per week
Item#4—Pants: Long Contractor Item# 1002
35 % Cotton 65 % Polyester $1.76 per person per week
Item#4A—Pants: Long Contractor Item# 1001
100% Cotton $2.53 per person per week
Item#5—Pants: Shorts Contractor Item# 1034
35 % Cotton 65 %Polyester $1.76 per person per week
Item#5A—Pants: Pants will be cut to Shorts Contractor Item# 1001
100 %Cotton $2.53 per person per week
Item#6—Pants: Cargo Shorts Contractor Item#1271
35 % Cotton 65 %Polyester $2.53 per person per week
Item MA—Pants: Cargo Shorts Contractor Item# 1271
35 % Cotton $2.53 per person per week
MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE.
4. TERMS OF AGREEMENT
This Agreement shall commence on October 01, 2013, and ends upon September 30,
2014, 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 Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U)
for the year ending 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.
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 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.
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.
8. HOLD HARMLESS AND INSURANCE
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 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.
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 LIABILTIY 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_ILQQQ,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.
MONROE COUNTY BOARD OF COUNT COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
9. NON-WAIVER OF IMMUNITY
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 CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
and not an employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed so as to find CONTRACTOR or any of his
employees, subs, servants, or agents to be employees of the Board of County Commissioners of
Monroe County.
11.NONDISCRIMINATION
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 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 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. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or 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 REOUIRENIWNTS
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.
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 shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
15.NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the 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: FOR CONTRACTOR:
Monroe County UniFirst Corporation
Facilities Maintenance Department 8140 NW 74th Ave
3583 South Roosevelt Boulevard Miami, FL 33166
Key West, Fl. 33040 Phone: 305 887-7719
And Fax: 305 887-7704
Monroe County Attorney patricia—hyman@unifirst.com
Post Office Box 1026
Key West, FL 33041-1026 Robert Buzar
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
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY 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.
B. 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 lie 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 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.
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.
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 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.
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 other-wise 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 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.
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.
35.PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a Construction Manager, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this contract
agreement.
38. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Board of County Commissioners. In the event that the County funds
on which this Agreement is dependent are withdrawn, this Agreement is terminated and the
County has no further obligation under the terms of this Agreement to the Contractor beyond that
already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
ut proof or accounting for the other counterparts, be deemed an original contract.
BOARD OF COUNTY COMMISSIONERS
MY HEAVILIN, CLEgK OF MONROE COUNTY, FLOIDA
By:
Deputy Clerk Mayor
Date: Date: 1-3
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