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HomeMy WebLinkAboutItem C28BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2011 Division: Public Works 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 Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key, Monroe County. ITEM BACKGROUND: The current contract with Culver's Cleaning Company terminates October 31, 2011, but provides for two on -year options to renew PREVIOUS RELEVANT BOCC ACTION: On October 20, 2010, the BOCC approved award and entered into a contract with Culver's Cleaning Company for janitorial services at Veteran's Park restrooms. CONTRACT/AGREEMENT CHANGES: Contract will commence November 1, 2011 and terminate October 31, 2012; monthly fee will increase by 1.5%, the CPI-U at December 31, 2010 from $1,800/mo. to $1,827/mo. STAFF RECOMMENDATIONS: Approval TOTAL COST: $21,924/annual INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Tourist Development Funds REVENUE PRODUCING: Yes No X A OUNT PER MONTH Year fJ Gc- APPROVED BY: County Atty �OMB/Purc asing Risk Management DOCUMENTATION: Incl ded X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Culver's Cleaning Co Contract # Effective Date: 11/01/11 Expiration Date: 10/31/12 Contract Purpose/Description: For the Janitorial Services, and the opening and closing of the Veterans Memorial Park restrooms. Contract Manager: Jo Walters 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/19/11 Agenda Deadline: 10/04/11 CONTRACT COSTS Total Dollar Value of Contract: $ 21,924.00 Current Year Portion: $ 21,924.00 Budgeted? YesN No ❑ Account Codes Grant: $ N/A I -18o4o =S3u Y6d- f tAd Fl q1 y—S3oV6o County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, Date In Division Director l� f Risk ManageniVnt CI'� nJ O.M.B./Purc�rasing County Attorney I Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT REVIEW ilities, janitorial, salaries, etc. Changes Date Out Needed Reviewer Yes❑� No'-,m....._ qkS1111 Yes❑ NoL]// Yes❑ NoET Yes❑ Noig FIRST RENEWAL AGREEMENT (JANITORIAL SERVICES, VETERAN'S MEMORIAL PARK RESTROOMS LITTLE DUCK KEY) THIS FIRST RENEWAL AGREEMENT is made and entered into this day of , 2011, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is l 100 Simonton Street, Key West, Florida 33040, and CULVER'S CLEANING COMPANY (hereinafter "Culver"), whose address is Post Office Box 500333, Marathon, Florida 33050 WHEREAS, the parties hereto did on October 20, 2010 enter into an Agreement for Janitorial Service, Veteran's Memorial Park Restrooms, Little Duck Key (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 first 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 first of the two (2) one-year terms. This term will commence on November 1, 2011 and terminate October 31, 2012. The contract amount is adjusted 1.5% from $1,800.00 per month to $1,827.00 per month 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 2. Except as set forth in paragraph 1 of this First 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: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA Deputy Clerk WitrWsses for CONTRACTOR: i v L Sign e, IVA Date Signature Date Mayor/Chairperson CULVER'S CLEANING COMPANY By Print Name AS REIVT COUP ATTORNEY Date AGREEMENT FOR JANITORIAL SERVICE VETERAN'S MEMORIAL PARK RESTROOMS LITTLE DUCK KEY, MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of October, 2010, between MONROE COUNTY, FLORIDA C'CO[. NTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and CULVER'S CLEANING COMPANY, Anthony Culver, Owner ("CONTRACTOR',), whose address 'is Post Office Box 500333, Marathon, FL 33050-0333: WHEREAS, COL NTY desires janitorial services be provided for Veteran's Memorial Park restrooms on Little Duck Key, and WHEREAS, CONTRACTOR. desires and is able to provide janitorial services for Veteran's Memorial Park restrooms on Little Duck Key; and WHEREAS, it serves al legitimate public purpose for CONTRACTOR to provide janitorial services Veteran's Memorial Park restrooms on Little Duck Key, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: l . THE AGREEMENT The Agreement consists of this document, the bid documents, exhibit, and any addenda only. 2. SCOPE -OF'THE WORK A. DESCRIPTION i. The contractor shall furnish janitorial services, including all necessary supplies and equipment required in the performance of same, for the rest room facilities. located at Veteran's Memorial Park on Little Duck Key, Mile 1VMarker, 40, Monroe County Florida. The restrooms include one women's restroom with three toilets and one; sink; a men's restroom with two toilets, one urinal and one sink;. and a handicap restroom with one toilet and one sink. i. The contractor shall be responsible for unlocking the rest room facilities seven (7) days per week promptly at 7:30 a.m. iii. The contractor shall be responsible for locking the rest room facilities seven(7) nights, per week promptly at sunset. B. WORK HOURS i. The contractor shall open and unlock all rest rooms (men's, women's, and handicap) seven (7) days per week- at 7:30 a.m. ii. The contractor shall clean all rest rooms (men's, wonaen's, and handicap) seven (7) nights per week upon closing; or sevens (7) mornings per week upon opening. iii. The contractor shall close and lock all required rest room facilities seven (7) nights per week at sunset. Agreement 1 August 20'10 C. REST ROOM SANITATION: Rest room sanitation shall include the following: services: i. All floors, concrete surfaces and ramps must be swept with a straw broom & the loose dirt removed_ ii. Wash and disinfect floor and upon, completion, floor is to be mopped to a damp dry condition. iii. Stall partitions damp cleaned. iv. All commodes, urinals, basins and vanities shall be scoured and; disinfected. v. All urinaltraps shall be specially cleaned and disinfected. vi. All sanitary napkin receptacles shall be cleaned, waste disposed, and disinfected. vii. All paper products shall be replaced/replenished, to include toilet a r P Pe , paper towels and sanitary products. Restrooms are °equipped with the Cormatic paper towel and toilet paper dispensers. viii. All Cormatic soap Dispensers are to be filled with hand soap. ix. All slop sink. closets are to be cleaned completely each week and mops, buckets, etc., removed to storerooms after usage. x. All trash receptacles are to emptied on a daily basis. xi. All other work necessary to maintain a clean and sanitary condition in these :rest rooms shall be accomplished, whether it is specifically noted in these specifications or not. D. COORDINATION OF TIIE VORK i. Contractor shall provide maximum amount of janitorial services with the minimum amount of interference to rest room -occupants. ii. Coordination of the work with the County area representative shall be the responsibility of the contractor. The contractor shall .perform the work during hours and times as specified. iii. 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. iv. The contractor shall be responsible far the cost of changing locks, etc., for all keyed secured areas for which the contractor does not return the keys. v. The contractor shall report any problems regarding open doors and/or vandalism to the Facilities Maintenance Area Representative immediately. E. PAPER PRODUCTS AND SUPPLIES i. The contractor shall provide all supplies necessary, for the cleaning performance of his work. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and trash can liners, shall be supplied by the contractor. ii. The contractor shall maintain stock in each facility in an amount sufficient to last -through the next cleaning: day. Agreement 2 August 2010 F. INSPECTION OF WORK i. Random inspections shall be performed by County Representatives from the Public Works Division administering the contracts, ii. Deficiencies shall be corrected within a twenty-four (24) hour period of notification to the contractor. Failure of the contractor to correct such deficiencies shall result in proratea deduction; from the monthly invoice: 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. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY monthly -invoices in arrears on or before the 3e day of the following month in each of the twelve (12) months, with supporting documentation acceptable to the Clerk, if necessary. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be as stated by the CONTRACTOR's bid. as follows: ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($1,800.00) per month. 4. TERM OF AGREEMENT This Agreement shall commence on November 1, 2610, and ends upon October 31, 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 60 days prior to the end of the initial term. Unless the contract clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial: term of one (1) year: The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department .of Commerce Consumer Price Index (CPI-U.) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 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 approval'' shall be submitted to the COUNTY upon request. Agreement 3 August301'0 G. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all hooks, 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 ironies 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 Seca 55.03, Florida Statutes, 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. S. HOLD HARMMESS 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) CONTR.ACTOR's default in respect of any of the obligations that it undertakes under the terms of this I AGREEMENT, except to the extent the claims, actions, causes of action, Iitigation, 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. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage; limitations in the following amounts: WORKER'S COMPENSATIONAND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at minimum statutory limit as required by Florida Law, and Employee's Liability coverage in the; amount of Agreement 4 August 20'l0 $100, 000. 00 bodily injury by accident, $500�Doo. OO bodily injury by disease, policy `limits, aznd $100, 000. 00 bodily injury by disease, each employee. The Contractor shall purchase and maintain, throughout the term of the contract, ENWLOYEE DISHONESTY INSURANCE in the minimum amount of $10.000:00 per Occurrence which will pay for losses to County, property or money caused by the fraudulent,or dishonest acts of the Contractor's employees or its agents, whether, acting alone or in collusion of others. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverages with limits ,of liability of not less than $100;00000 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, $300,'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 1300, 600. 00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. MONROE COUNTY SHALL RE NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.' 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 shallbe 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. 9. NON -WAIVER OF YP►'EM1UNITY 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 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, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. Agreement 5 August 201'0 1L 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 partofY 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 LX 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. 610:1-6107) which prohibits discrimination on the basis of age;. 5) The Drug Abuse Office and Treatrnent,Act of 1972 (PL 92255), 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 917616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7). The public Health Service Act of 191,29 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 VM 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. ASSIGNMENTlSUBCONTRACT 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 RE919—I EMEENTS 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 gu 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 inmugration Iaws 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, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any Agreement fi August 20 10 manner with the performance of services required by this contract, as provided in Sect. 112311, 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 makiing, 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. 14. 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 15. NOTICE REOUIREENT 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: Anthony Culver, Owner Culver's Cleaning Company Post Office Box 500333 Marathon, FL 33050-0333 16. 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. Agreement 7 Augu& 2010 17. TERMINATION A. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. B. 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. C. 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. 18. 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. 19. 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. This Agreement is not subject to arbitration. 20. S'rEVERABILITY 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. 21. AZTQRNEY'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 attorneys fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. Aoreement 8 Augmt'2©10 22. 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 the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 23. 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 relateddto this.Agreement. 24. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bindand inure to the benefit of COUNTY and CONTRACTOR and their respective legal: representatives, successors, and assigns. 25. 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. 26. 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, pp ' ns, requests; grant proposals, and funding solicitations shall be approved by each. party prior to submission. 27. 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. 28. 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 Agreement I August20'1'0 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 if 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. 29. 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. 30. 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. 31. NO PERSONAL LL43n ITV No covenant or agreement contained herein shall be deemed to 'be a covenant or agreement of any member, officer, agent or employeeof 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 sub of the execution of this Agreement. ject to any personal liability or accountability by reason 32, 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. 33. 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 D ORMAnONY 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 Agreement 10 August 20'10 287 a17, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list:" 36MUTUAL-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 appmpration by the Board of County Commissioners. In the event that the County fwxds on which this. Agreement is dependent, are withdrawn, this Agreement is terminated and the Countyhas no further obligation under the terms of this Agreement to the Co ntrac#vr beyond already incurred by'tte termination date: ,SS WHEREOF, COUNTY and CONTRACTOR hereto have executed this day and date first written above in four (4) counterparts, each of which shall, :counting for the other counterparts, be deemed an original contract. KOLHAGE,. CLERK Deputy Clerk Date:,—OCT 2 0 2010 WITNESSES for CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF MONROE CO FLORIDA By: Mayor Date: OCT 2 0 2Q14 CULVER'S CLEANING COMPANY Signature of person authorized to legally bind Colm ti-on Dat Print Name Address; D4 13-T X Telephone Number Agreement 11 August 20 i 0 '4 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) U ANCE 9,2,2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an A st be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain=iftMV�rsement. statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(U PRODUCER NAMEACT Lrne Montag' Keys Insurance Services, Inc. r+C❑ PHCNNo Exc)�4 (305)743-0582 O C r MAIL _�_(aC N.A: _ 5800 Overseas Hwy #43 R z� ADDRESS: EL :linsurance.com P.O. BOX 500280 PRODUCER CUSLOMERLDMarathon FL 33050- 280 MONRQg� RDING COVERAGE NAIC— — INSURED n m v -- ",. rv1rlrvAGEM IA6URERA:B nkers Insurance Co INSURER B : Anthony Culver, DBA: Culver's Cleaning Company - - PO Box 500333 wsuRERc — INSURER D : Marathon FL 33050-0761 INSURER E :— INSURER F : COVERAGES CERTIFICATE NUMBER:Master RFVICInKl tul lMtxco. I rnR5 IS I U (;LRI IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE i I R 1 D POLICY NUMBER MM/DD/YYYYY MTF M/DD/YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE lil OCCUR X �090004892905308 i8/30/2011 I8/30/2012 EACH OCCURRENCE $ 1,000,000 X DAMAGETO RENTED PREMISES Ea occurrence $ 100, 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY ' $ 1,000,000 GENERAL AGGREGATE�$2, 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS -COMP/OP 000, 000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) I $ JURY (Per accident) $ EPROPERTYDAMAGE nt) $ -- is UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE —- I I N / Al i—_"----- I i I - �` I. I•, _. .,._. r �I EACH OCCURRENCE $ AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N I ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I If yes, describe under DESCRIPTION OF OPERATIONS below WC STATU- O-T-H-I �ZORY_LJMl I ER I I E.L. EACH ACCIDENT !$ __--_—_______ _ E.L. DISEASE - EA EMPLOYE _ $ E.L. DISEASE -POLICY LIMIT — $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) f C0TICIf'ATC U^1 n-n Monroe County Risk Management Board of County Commissioners 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Arnpn 7R /9nno/noi Lourdes Montagne/XM r rcu t.VFLI'GRATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD