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Item C23 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 4/19/00 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of Overseas Janitorial Services amendment to agreement for janitorial work at the Key West International Airport. ITEM BACKGROUND: This amendment extends the original agreement for one year, per option stated in paragraph 48. PREVIOUS RELEVANT BOCC ACTION: Approval of agreement 12/9/98. STAFF RECOMMENDATION: Approval TOTAL COST: $35,496.00 per year BUDGETED: Yes COST TO AIRPORT: $35,496.00 COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH/YEAR: APPROVED BY: County Attorney X OMB/Purchasing N/A Risk Management N/A AIRPORT DIRECTOR APPROVAL ~ Peter J, Horton DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # DISPOSITION: /bev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Overseas Janitorial Services CONTRACT SUMMARY Contract # Effective Date: 12/10/99 Expiration Date: 12/9/2000 Contract Purpose/Description: Janitorial Services for the Key West International Airport Contract Manager: Bevette Moore (name) for BOCC meeting on: 4/19/00 # 5195 (Ext. ) Airports - Stop # 5 (Department/Courier Stop) Agenda Deadline: 4/5/00 Total Dollar Value of Contract: 35,496.00 Budgeted? Yes Grant: N/A County Match: N/A Estimated Ongoing Costs: N/A (not included in dollar value above) CONTRACT COSTS Current Year Portion: 29,580.00 Account Codes: 404-63001-530-340 ADDITIONAL COSTS For: (ego maintenance. utilities, janitorial, salaries. etc.) Date In Airports Director A/3J 00 Risk Management -1-1- -1-1- -1-1- O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Needed Yes No Reviewer Date Out ( ) <'A ( ) ( ) ( ) ( ) ( ) (v(" ~ Peter Horton IV/A Wayne Robertson /1// A (tab w~t-p~er Rob Wolfe -1-1- -1-1- ~j3o / 00 At~oo AGREEMENT THIS AGREEMENT, made and entered into this {/ Mday of (\ ~( ( 4 ,t'I/~QR ,1998, A.D., by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, party of the first part (hereinafter sometimes called the "Owner"), and OVERSEAS JANITORIAL SERVICES, party of the second part (hereinafter sometimes called the "Contractor"). , WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1 SCOPE OF THE WORK The Contractor shall provide janitorial services at the Key West International Airport, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in the Specifications (Exhibit A), and his Bid (Exhibit A _ 1) each attached hereto and incorporated as part of this document. The Contractor shall insure all exterior doors are locked upon their departure after business hours. 2 THE AGREEMENT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis in each of twelve (12) months. The Contractor shall invoice Key West International Airport monthly for janitorial services performed under the Specifications contained herein. The Agreement amount shall be as stated by the Contractor's proposal as follows: Thirty Five Thousand, Four Hundred Ninety Six Dollars and no Cents ($35,496.00) per year. 3 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones for this work and he assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their SUffiCiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against the Owner than against the Contractor (and his Surety, if applicable ). B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Airport Director, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Agreement, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly <J:ld SC\'Cr2f!~' li;]8f':J 10 Ihe O','mcr far ;;i! c.:::m.:::g2, bss. <Jne expense c<Juscd to Ihe Ovmer JANITORIAL SERVICES AMENDMENT TO AGREEMENT This is an amendment to an agreemen:t dated December 9, 1998 as amended, and entered into by and between Monroe County Board of County Commissioners (the Owner) and Overseas Janitorial Services (the Contractor). A copy of the December 9, 1998 and the July 21, 1999 amendment agreement (the original agreement) are attached to this amendment and made a part of it. In consideration of the mutual promises and benefits described below, the parties agree as follows: 1. As provided in paragraph 4B of the December 9, 1998 agreement, the parties hereby renew the original agreement for an additional one year term. 2. In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals dated this day of April, 2000. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUN1Y COMMISSIONERS OF MONROE COUN1Y, FLORIDA By By Deputy Clerk Mayor/Chairperson Attest OVERSEAS J ANITO AL SERVICES By & d?~ 0, By jdagreeoverseas by reason of the Contractor's breach of this Agreement and/or his failure to comply strictly and in all things with this Agreement and with the Specifications. 4 TERM OF AGREEMENT/RENEWAL A. This Agreement shall be for a period of (1) one year commencing on the date first above written. The Agreement is renewable in accordance with Article 4 B. B The Owner shall have the option to renew this agreement after the first year, for two . additional one-year periods. The Agreement amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. Increases in the Agreement amount during each option year period shall be extended into the succeeding years. C. Should additional services be required by the Key West International Airport on a permanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing,'and approved by the Airport Director and by the Contractor. 5 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent Contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, Contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 6 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 7 ASSIGNMENT The Contractor shall not assign or subcontract any of its responsibilities under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board and Contractor may deem necessary. This agreement 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 st-lall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the Contractor. 8 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all st3tutes, ordin.:mces, rules <1nd rCQula!ions pertaining to, or rcgu!;:!inQ lI)I:: provisions of. such ~I.::rvicr..::::, including (hosc' rv:w.. i:l cfr;..~~ .:Jnd !i0rcinafte:r ,JC'o;-t.:;c, I\:-~.' ','i.:J'::.:t:0:l of said ::::,J:~J:~;:, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 9 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by Exhibit B, Insurance Requirements, which are attached and incorporated as part of this Agreement. 10 FUNDING AVAILABILITY Notwithstanding anything contained elsewhere in this Agreement, if funds for the Key West International Airport Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board by written notice of termination delivered in person or by mail to the Contractor. The Board shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 11 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in this agreement. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Contractor. 12 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, return receipt requested, to the following: FOR THE COUNTY Airport Director Key West International Airport 3491 S. Roosevelt Boulevard Key West, FL 33040 13 CANCELLATION FOR THE CONTRACTOR Overseas Janitorial Services p..O. Box 5190 Key West, Florida 33045 A) The County may cancel this Agreement for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this Agreement. B) Except for the County's termination because of non-appropriation in 13 A, either of the p3rties hereto may c;Jncel tllis agreement \vithout cause by giving tile other rarly thiliy (30) days WI iUCll l1o:icr; of it:; i!1:r;:lt:Crl to do ~O, 14 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written. COUNTY OF MONROE, STATE OF FLORIDA . ... ;:~\- ~ t, '":',."__~._._. ..~ BY~~~'---~.\ ' Mayor/Chairman ~~c..~~+~) Clerk OVERSEAS JANITORIAL SERVICES By !Y~'\t.,Q~ I-fa. -~~l ') /). v Title t' ,II... ~..,. -l ~ _ Atte~~ "0 ~ WITNESS [/J;!jl~ /bev JANITOR SERVICES SPECIFICATIONS To provide janitorial sen,ices at Key 'Vest International Airport terminal, 3491 So. Roosevelt D1vd., Key 'Vest, Fla. 33040, for all public areas of the terminal building, except airline and rental tar counters and office space, U.S. Customs area and the Conch Flyer restaurant 'Lounge. Services to be provided on Saturday's, Sunday's and all county observed holidays, approximately 116 days per year as ...., .. follows: DAILY JNSJnF: Check 1st floor bathrooms at least every 30 minutes between 5:00 a.m. and 10:00 p.m. Clean toilets, urinals, sinks, floors as necessary. Pick up trash and I other deposits. Empty and clean, as necessary, all trash cans (Ist floor). Take aU trash to dumpster. Sweep and mop the entire 1st floor twice daily. 1\10p Ooor-s as needed for- spot clean-up. \Vipe orr and clean departure lounge furniture as needed, but at least every two hours. \Vipe and clean walls, doors and glass as needed. DAILY OUTSJDF: Empty and clean all trash cans on sidewalk and parking lot. Take all trash to dum pster. Empty ash stands. Pick-up li(ter as necessary. Sweep and clean up walkways and curbs as needed. \\fipe orf benches, mailboxes, cic. as needed. SUPPLTF:S Contractor to provide own supplies and equipment INSURANCE REQUIREMENTS \\'od<man's compensation $300.000 Gener-al LiabiWy $10,000 Employee [{onesty Bond FOH MOrn: IH~TArLS CONTACT: AHT SKELLY _ 2%-7223 OVERSEAS JANITORIAL SERVICES BID ., EXHIBIT A - 1 ~~ 'I..U '-Jf'- s:~ ~o LU I Vii -,0) ~(\J - \~_ :~ \Ii(/) '-J ~ 2[ ~-) .... QJ 0 .:;;: . I IG"- ~ \' ~.Hi ---. I I J ) f I - '- '11 . -~: I -,~} ~:1- ~ ~ "- () '-- ....- ~~ -, ". ,-- t.'. (i -f.-- '7""--i.J ~tt-.. ~i -:"'';,.. -1" .. ~ ;. ~ -" . '. r I i OJ -j...J rv o I I I /\ ~ (;:. -. \ '-. . Q:.\ ~~ ~ . . z 0 ~ >-..... f CL f - --J f a:: u r--/ en "-:-:-:-) 1 I ~u I i I (., I I__J I o G .. ~ ~ . -~ - ro . +-' -. 0 +-' , ..Q . . j :J X of VI ~ I ~ I '- ~ V'\ L OJ \C '\...:t u C QJ ~ 'S' r 4'" '~ l-. ( l1] a ~ ~ L i " Vl + } ru ~ (\ OJ ~ < (' Q (\ ~ ~- ~ OJ : 0 <) ~ > ~ 0 'l" ~ .. ~ ~ ~ ~ o .-- +-' L Q \.(7 Q)'- ,~ +-' > C (Y\ r ::J- ~ ~ C- / \. ~ E f 0J .~ ~ G ~ 0.... M OJ 01 ~ t....l ru - . ~ 2 :>-- \~~ OJ >- c VI l1] ro ........J Q OJ /"'-.... 1. E ~ - -- ~ 0- - 7-- a u ~\" () I I , I , I I i INSURANCE REQUIREMENTS EXHIBIT B , . 1996 Ed.."," C \ MONROE COUNTY, FLOIUDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Airport/Aircraft Activities Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Vendor shall obtain, at hislher own expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidcnce of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conductcd by the Vendor and its Contractors until the rcquired insurance has been reinstated or replaced. The Venp,or shall provide, to the County, as satisfactory evidence of the required insurance, either: . · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they arc not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. . The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract,or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General rnsurance Requirements must be requested in writing on the County prepared form entitled "Request for \Vai\'cr of Insurance Rcquil-cmcn(s" and approved by Monroe County Risk Management. , . . , ...1::: MOJ\ROE COUNTYMO:\ROE COUNTY, FLORIDA RISK 1-fANAGEMENT POLICY AND PROCEDURES - . CONTRACT AD1-UNISTRA TION 1-fANUAL Indemnification and Hold Harmless :: fo'r Airi>ortJAi~:~raf(Acti"ities:~--::: , , The Vendor covenants and agrees to indcmnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection vlith, or by reason' of serVices provided by the Vendor or any of its Contractors, occasioned by the . negligence, errors'; or other wrongful act or omission of the Vendor or its Contractor(s), their employees, or agents. The extent of liabifity is in no way limited to, reduced, or lessened by the insurance requiremcnts contained elsewhere within tlus agreement. /. I ; .~. E~1PLOYEE DISHONESTY INSURANCE REQUIRE~{ENTS FOR CONTRACT _ BET\VEEN ~ ..~ . ';. . ~ "tONROE COUNTY; FLORIDA ,- 1,.: ._>to.II. l AArj)- f \ -~ - \.' ":'''~i' The Contractor shall purchase and maintain, throughout the tenn of the contract, Employee Dishonesty hisurance which will pay fo'r 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 colIusion of-others. The minimum limits shall be: $1 0,000 per Occurrence . ./ -. \. I I) I GENERAL LIABILITY INSURANCE REQUIRE1\1ENTS FOR CONTRACT BET\VEEN 1\10NROE 'COUNTY, FLORIDA AND ", ' Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimwn: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimwn limits acceptable shall be: $300,000 Combined Single Limit (CSL) ./ If split iimlts are provided, the minimum limits acceptable shall be: $] 00:000 per Person $300:000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months follov\'ing the acceptance of work by the Count)'. The Monroe County Board of Count)' Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. . ' (.! j VEHICLE liABILITY INSURANCE REQUIRE~1:ENTS FOR CONTRACT BEDVEEN ~1:0NROE COUNTY, FLORIDA AND ", ' TIle minimum limits acceptable shall be: s; 100,000 Combined Single limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ ..5iO,OOO per Person S; 1 00,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the abo\'e requirements. , ' \"1 I \\'ORKERS' CO\1PENSA TION INSURANCE REQUIRE1\fENTS FOR CONTRACT BET\\'EEN 1\10NROE COUNTY, FLORIDA AND ., ' Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. . . In addition, the Contractor shall obtain Employers' Liability Insurance \vith limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companics authorizcd to transact business in the state of Flo'rida. If the Contractor has becn approved by the Florida's Depanment of Labor, as an authorized self. insurer, the County shall recognize and honor thc Contractor's status. The Contractor may be required to submit a Lcner of Authorization issued by the Depanment of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate oflnsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the Count)'. . , \', ( ! 1996 Edition MONROE COUNTY, FLORIDA Req:aesi For Waiver of Insurance Requirements It is requested that the insurance r~uirements, as specified in the County's Schedule of Insurance Requirements; be waived or modified on the following contract. . Contractor: Ov~rsp~!,: .l~ni t-nr;::I1 ~or"; ('(is Contract for: Janitori~l !=;~~.P.!': - J{oy ooQst IRtQmi.tigRa1-.~*~ A~ofContractor: 3312 Northside Dr. Apt 515 Key West, FL 33040 Phone: (305) 294-4384 Scope ofWoric: Janitorial Reason for Waiver: Workers Comoensation - F.x~mpr Policies Waiver will apply to: Signature of Contractor: o -- ~ p~~ go~~ Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: I\~ceting Date: Administr.Jtion Instruction 1:4709.2 103 . ...--- - JANITORIAL SERVICES AMENDMENT TO AGREEMENT This is an amendment to an agreement dated December 9, 1998 and entered into by and between Monroe County Board of County Commissioners (the Owner) and Overseas Janitorial Services _ (the Contractor). A copy of the December 9, 1998 agreement (the original agreement) is attached to this amendment and made a part of it. In consideration of the mutual promises and benefits described below, the parties agree as follows: 1. In addition to the scope of services described in the original agreement, the Contractor must furnish the following additional services: a) Beginning April 25, 1999, the Contractor must provide an individual to clean and wax the floors at Key West Intemational Airport (KWIA) between the hours of 10 PM and 7 AM, Monday through Friday. The Owner will pay the Contractor $16 per hour for the additional service, not exceed 40 hours per week based on a Sunday through Saturday week. The Owner must supply the burnishing machine and supplies: the Contractor must supply the buffing machine. b) Commencing July 30, 199B. the Contractor must supply an individual to furnish 40 hours of janitorial service at KWIA, per week based on a Sunday through Saturday week. The Owner must pay the Contractor $12 per hour for such service. 2. In all other respects the terms and conditions of the original agreement remain in full force and effect. . . ~ \ .~.i r. ..,.:. -"; " ~~~ . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . . ol' :r~....., ~B~~A'~' -~~ i~~~ ~ Mayor/Chairma"'~-< I ... n' r- ., on. \D 0 C::v -- :::0 :c. 0 -U .... n r- ~ :::0 :< ~::E: I'TI . iK:: Co.) n ~.~ c Attest By jconvoverseos 8