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Item C31 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: -Public Works/l,,.n�Yineer` �)ctolje_r 11 Z(�L4 Division: Bulk Item: Yes No Department: Facilities Maintenance Staff Contact Persian: Dent Pierce 292-4560 AGENDA ITEM WORDING Approval to award bid and execute a contract with Stockton M I aintenance Group Inc. (SMG)"fair janitorial services at the May Hill Russell Library and Department of'Juvenite Justice Building, second floor, ITEM BACKGROUND: On July 15, 2014, four bids were received as follows: (1) X Clean Corp - May Hill Russell Library - $1,4WOO, DJJ Building-2nd floor $2,610.00/monthly; (2) Stockton Maintenance Group - May Hill Russell Library - $1,490A3, DJJ Building-2nd floor $2,431.70/morittily; (3) Diversified Set-vices of Key West Inc. - May Hill Russell Library- $1,800,00, DJJ Building-2nd floor $2,600.00/monthly; and (4) Judy Bobick dba Ace Building Maintenance - May Hill Russell Library - raga bid, I)JJ Building-2 nd floor $2,074,00/mont,fily, Ace Building Maintenance omitted to sign/witness their bid making it non-confortning. It is staff's recommendation that the same vendor is used for both facilities with Stockton Maintenance Group having the lowest combined monthly bid, PREV'1OlJS RELEVANTBOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECIOMME NDATIONS: Approval. TOTAL COST:_$47 Q6!L56 INDIRECT COST: BUDGETED: Yes. X,,— No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO SOURCE OF FUNDS: ajq:ig REVENUE PRODUCING: Yes No A.. AMOUN'r PER MONTH--,,,,,. Year APPROVED BY: County Atty A/ "urcrg Risk Management DOCUMENTATION: Included X Not Required_ ...__.__ DI SPOS IT I ON: AGENDA FFEM o) s y .Q N rn co 00 0 � V w U s N u ww wW ww w r- tn m as as as CL W d n 00 rn0 0a 0 J3 E oo Itrr 00 0 z u6ci 0r+ 0, ci It d 'o O °° ,-, 0) o o ,� r` s es rr �o rr rr oa to m 0 O 5" .-i tV ,-i CV ,-i N Q N O ¢ < +fi •u� v�-vl- 4d�-AA- Z iA- C t7 Z m oQG cC 02 0 C� 02 0 O m0p 0 p v F m -' LL '- LL -' � '~ � N > Z ( J J d J d J d J d �_ UJ J Z J Z J Z J Z V W F I- J UJ 0 UJ ® UJ © U 0 `� L Z � uj J uj U) w � w V) w U) w } ° L Qp( Wd' Nl � I 0 0 � � N v 3 N C JlJ ',J JU JU o a N , , d , , ® ., d , , O WwZ OC = co m = m a c 4 ZV, ® '"' J � o 20 20 20 V Zw I- KJ � _ u o w (h :) m >- Z Q Q vv (7 Q Co Q ® Z z z Z uca v � � VHW ,� c co W Q U V a d G 9 zn o cd Z -1 u a 0 w a L- E Q Q (a -j v q TA w LL.. W C C J N Q '` O J Q ¢ CIDtJ Z L. ICL 4 r'1 w U lL Z w d C J �, pf i- +- = i d wcoLA Q � L W z0 Q < _z U Q w w E- � ~ QQ > m v d v° U oC .- w UJ w x 0 I- � s o d (n oa a- U ww >` i7 W LU m N -� U L m t 4- L.0 U- O CIO d E w n- L. m � 1-4Vn m MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Stockton Maintenance Contract 9 Group_jnc. Effective Date: November 01, 20t4 Expiration Date: October 31, 2015 Contract Purpose/Description: Janitorial services LiLirag d thcPqart�ijent of Juvenile Justice Buildi�g second floor Contract Manager: &Jj.S�e r ou _4549 Facilities Mai #4 (Name) (Ext.) (Department/Stop#) for BOCC meeting on 10/17/14 Aienda Deadline. 09/30/14 CONTRACT COSTS Total Dollar Value of Contract: 47,065.516 Current Year Portion: $ 43,143.43 Budgeted? Yes® No 0 Account Codes: 001-20501-530-340- $1,490.43/mo Grant: $ N/A 101-20505-530-340- $2,431.70/mo County Match: $ N/A-- ADDITIONAL COSTS Esti mated Ongoing Costs: $—/yr For: Not include,d in dollar value above) inaintenance,utilities,pnitorial, salaries,etc.), CONTRACT REVIEW Changes Date Out Date It Needed Reviewer Division Director YeSE] No Risk Management Yeso Noo i O.M.B./Purchasing YesEj Nod Cotinty ,ttorney 1_)' Yes[—] Nog A Comments: OMB Form Revised 2/27/01 MCP 42 AGREEMENT FOR JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY AND DEPARTMENT OF JUVENILE JUSTICE BUILDING —SECOND FLOOR This Agreement is made and entered into this - day of OC T6 A , 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 Stockton Maintenance Group, Inc. (SMG) ("CONTRACTOR"), a Florida corporation, whose address 1975 Sansbury Way, Suite 116, West Palm Beach, FL 33411. WHEREAS, COUNTY desires to provide janitorial services for the May Hill Russell Library and/or the Department of Juvenile Justice Building— Second Floor: and WHEREAS, CONTRACTOR desires and is able to provide janitorial services to the May Hill Russell Library and/or the Department of Juvenile Justice Building—Second Floor; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide janitorial services to the May Hill Russell Library and/or the Department of Juvenile Justice Building — Second Floor, 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: MAY HILL RUSSELL LIBRARY The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the May Hill Russell Library, located at 700 Fleming Street in Key West, Florida, consisting of approximately 13,137 square feet (see attached Exhibit"A") and serving an average of 900 people per day,. As per the 2012—2013 fiscal year statistics. A. Restroorn sanitation shall include the following on daily basis: i. All floors swept, loose dirt removed. ii. Wash and disinfect floor iii. Stall partitions damp cleaned. iv. All commodes, urinals, basins and vanities shall be scoured and disinfected. V. All urinal traps shall be specially cleaned and disinfected. vi. All sanitary napkin receptacles will be cleaned, waste disposed, and disinfected. vii. All supplies shall be replaced (paper goods, soap, etc.). viii. All other work necessary to maintain a clean and sanitary condition in these restrooms shall be accomplished, whether it is specifically noted in these specifications or not. Bid Award Agreement October 2014 NOTE: Key West Library has two (2) male public restrooms with one (1) toilet and one (1) urinal each, two (2) female public restrooms, one with one (1) toilet (auditorium family restroom) and one with two (2) toilets, and one (1) employee restroorn with one (1)toilet. B. All sinks and water fountains outside the restroorn areas are to be cleaned daily. Water fountains are to be polished periodically. C. General Cleaning shall be completed daily, and should include the following: i. All tile floors are to be dusted and mopped with water and floor cleaners. ii. All furniture and furnishings to be dusted and spot cleaned, iii. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a damp cloth to reduce the amount of dust in the building. iv. All trash and recycle receptacles emptied, and trash can liners replaced. V. All upholstered furniture to be vacuumed. vi. All vinyl-covered furniture to be wiped. vii. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as the Orek. D. Weekly janitorial services to include: i. All glass partitions, doors, mirrors, windows, etc. to be cleaned and/or polished, both the inside and outside of the glass entryway doors. ii. Obvious scuff marks shall be removed from resilient flooring. iii. All door vents cleaned. E. Monthly janitorial services to include: i. All high dusting (i.e. pictures, door frames, air vents, tops of book shelves, etc.) ii. All walls dusted monthly iii. All air conditioning vents, supply and return air grilles cleaned. iv. All Venetian blinds on windows to be dusted. F. The Contractor shall insure all exterior doors are locked while they are servicing the building and upon their departure. The Contractor is not to let anyone in the building except janitorial staff. G. Janitorial services will be six (6) days a week, on the days the library is open (currently Monday through Saturday, excluding holidays), beginning at 7:00 a.m., and finishing no later than the Library opening time of 9:30 a.m. Should the Contractor need additional time to complete the scope of work, a mutually agreed upon schedule between the Contractor and the Library allowing the Contractor to start prior to 7:00 a.m. may be implemented. H. The Contractor shall be responsible to coordinate the work with the County Lower Keys Facilities Maintenance Office, contact phone (305) 292-4431 or (305) 292-4436, Monday through Friday, 8:00 to 5:00 pm. The Contractor shall perform the work during hours and time as specified. 1. Keys shall be issued to the Contractor by the area representative at the start of the Contract. Written confirmation of receipt of keys shall be signed by the Contractor. The Contractor shall return all keys as issued upon expiration of the contract or termination. J. The contractor shall be responsible for the cost of changing locks, etc., for all keyed secured areas for which the Contractor does not return the keys. .................... Bid Award Agreement October 2014 K. The Contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Department, telephone (305) 292-4431 or(305) 292-4436. L. The Contractor shall provide all supplies necessary for the cleaning performance of his work under the contract. All supplies, including but not limited to, hand soap, paper towels, toilet paper, ,and trash can liners, shall be supplied by the Contractor. The Contractor will be given access to 2 storage closets, one in the lounge for their exclusive use and to which only they shall have the keys, and one at the rear entrance where they may store pails, mops, and other needed supplies and equipment. M. Additional Services: (shall be performed once in every three month period, and shall be included in the bidding price.) i. Resilient Flooring shall be swept/dust mopped and stripped. After application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and uniform sheen from wall to wall, including corners. The waxed floor shall present a clean appearance free from scuff marks or dirt smears. Furniture and/or other equipment moved during floor stripping and waxing shall be returned to their original positions. ii. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be vacuumed of all loose soil and debris prior to cleaning, and shall be free of streaks, stains and spots, and shall have a bright uniform color upon completion of dry cleaning, steam cleaning or shampooing. DEPARTMENT OF JUVENILE JUSTICE BUILDING — SECOND FLOOR — APPROXIMATELY 20,000 SQUARE FEET The Contractor shall furnish janitorial service, including all necessary supplies, equipment, and safety devices required in the performance of same for the DEPARTMENT OF JUVENILE JUSTICE BUILDING, SECOND FLOOR located at 5503 College Road, Key West, FL. Services listed below are to be conducted only during the hours of 8:00 AM to 5:00 PM Monday through Friday. A mutually agreed upon schedule will be developed with the minimum services to include, but not limited to, the following: A. GENERAL OFFICE CLEANING (two times per week) i. Tile floors---dust mopped and/or damp mopped ii. Furniture and Furnishings-Dusted and spot cleaned iii. Low ledges, sills, rails &baseboards dusted and spot cleaned iv. Trash and recycle containers emptied and liners changed V. Vacuum carpets vi. Carpeting spot cleaned B. RESTROOM SANITATION (Monday through Saturday) i. Floors swept and loose dirt removed ii. Floor washed, disinfected and mopped iii. Stall partitions damp cleaned iv. Commodes, urinals, basins,&vanities scoured and disinfected. V. All supplies replaced with sufficient stock to last through the next cleaning day (includes hand soap, paper towels & toilet paper) vi. Trash receptacles emptied and liners replaced. vii. Mirrors polished C. PUBLIC AREAS/HALLWAY/BREAKROOM (Monday through Saturday) Bid Award Agreement October 2014 i. Low ledges, sills, rails and baseboards dusted and spot cleaned ii. Drinking fountains cleaned and polished iii. Trash.and recycle receptacles emptied and liners replaced, recycled material shall be transported to exterior recycling bin iv. Furniture and furnishings dusted and spot cleaned V. Upholstered furniture vacuumed vi. Tile floors dust mopped and,/or damp mopped D FITNESS ROOM MAINTENANCE (Monday through Saturday) i. Same as RESTROOM SANITATION as described above ii. Vacuum and damp mop both tile and rubber matted flooring iii. Clean mirrors iv. Low ledges, sills, rails and baseboards dusted and spot cleaned. V. Drinking fountain cleaned and polished,. vi. Trash receptacles emptied and lined vii. Clean all gym,equipment seats and handles with disinfectant viii. Clean all gym equipment base/housing on a weekly basis ix. Keep paper towel dispensers(2) well stocked E. ELEVATOR MAINTENANCE (Monday through Saturday) i. Clean and disinfect interior car walls, holding bars, and push buttons ii. Vacuum and damp mop floor iii. Vacuum door track F� PERIODIC SERVICES i. Floors buffed once a month ii. Floors stripped and refinished once per year iii. All door vents cleaned weekly iv. All high dusting—monthly V. All interior windows washed every other week. vi. Clean/Shampoo all carpeted areas every six (6) months vii. Clean all A/C vents in all offices and hallways once per month viii. Sweep out, mop and dust STAIRWELLS once per month. GENERAL SPECIFICATION (Both Facilities) Contractor agrees to use and provide documentation for whole-building cleaning and maintenance practices, using A. Sustainable cleaning chemicals (non-disinfecting) that meet the requirements of Green Seal's GS-37 and/or EPA's Design for the Environment program B. Use of micro-fiber wipes, dust cloths and dust mops in place of paper wipes and where paper products are used, including hand towels, use of products that contain at least 30% recycled content and which are recyclable C. Floor care products (Finishers and Sealers) shall be durable and slip resistant and the finish shall be free of zinc (metal-free) or shall meet the requirements of Green Seal's GS-40 and/or Environmental Choice's CCD-47 and/or EPA's Design for the Environment program Bid X;a'r'd' Agreement October 2014 D. Carpet care products shall meet the requirements of GS-3 7 and/or CCD-148 E. Proper training of Contractor's personnel in the hazards,use, maintenance and disposal of cleaning chemicals, dispensing equipment and packaging F. Use of hand soaps that do not contain antimicrobial agents, except where required by health codes and that meet Green Seal G S-4 1 A standard G. Use of cleaning equipment that reduces impacts on Indoor Air Quality. 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 acccpted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D. MONTHLY FEE FOR JANITORIAL SERVICES FOR MAY HILL RUSSELL LIBRARY: One Thousand, Four Hundred Ninety Forty Three Cents AMOUNT WRITTEN OUT $ 1,490.43 E. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT OF JUVENILE JUSTICE BUILDING— SECOND FLOOR Two Thousand. Four Hundred I'[Lh--ty One-Dollars and Severity Cents AMOUNT WRITTEN OUT $ 2,431.70 4. TERM OF AGREEMENT This Agreement shall commence on-November 01 , 2014, and ends upon October 31, 1015, 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 (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. 5. ACCEPTANCE OF CONDITIONS BY CONTIRAcrOR Bid Award Agreement October 2014 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 Pursuant to Florida Statute §119.070 1, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 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, (13) 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 Bid Award Agreement October 2014 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the 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 $100,000.0 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $100,000.00 per person, $30—000.00 per occurrence, and $50,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $100,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. EMPLOYEE DISHONESTY. The Contractor Shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. 'The minimum limits shall be $10,000 per Occurrence CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY within fifteen (15) days of the award of Bid 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. Monroe County shall be named as an additional insured on the Vehicle Liability and Commercial General Liability insurance. 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 MUST BE NAMED AS AN ADDITIONAL INSURED ON ALL LIABILITY 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 ........... .......... Bid Award Agreement October 2014 At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subcontractors, 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 2'90ee- 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. 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 subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REQUIREMMENTS 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. ........................................... ............ ................Bid Award Agreement October 2014 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. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 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 Stockton Maintenance Gropp Facilities Maintenance Department 1975 Sansbury's Way, Suite 116 3583 South Roosevelt Boulevard West Palm Reach, FL 33411 Key West, Fl. 33040 Doug Riordan, President/Owner and County Attorney Post Office. Box 1026 Key West, FL 33041-1026 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 ..... ............... Bid Award Agreement October 2014 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 of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 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 shalt 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 ................... .................................................. Bid Award Agreement October 2014 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 .......... Bid Award �g reernent October 2014 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 COLTNTY and the CONTRACTOR agree that neither the COLTNTY 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 COLTNTY 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. 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