Item C31
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 14/15, 2000
Division: Public Works
Bulk Item: Yes: ~
No:
Department: Faci lities Maintenance
Agenda Item Wording:
Award bid and authorization for Mayor to execute a contract agreement with Culver's
Cleaning Company for providing janitorial service to include opening/closing of restrooms at
Veteran's Memorial Park (a.k.a. Little Duck Key) in the amount of $1,500.00 per month
Item Background:
Sealed bids were opened in the Purchasing Office on May 10th, 2000. Culver's Cleaning
Company was the only bidder.
Previous Relevant BOCC Action:
At their September 22, 1999, the Board granted approval of fiscal year budget, which
included availability of funds for janitorial service at Veteran's Memorial Park
Staff Recommendation:
Approval as stated above.
Total Cost: $1.500.00 per month/$18,000 per year Budgeted: Yes: -1L No:
Cost To. County: $1,500.00 per month/$18,000 per year Cost Center:147-20503-530-340
.
Revenue Producing: Yes: _No _X_ Amount per Month: $
Year: i.
Approved By: County Atty:
OMB/Purchasing:
Risk Mgmt:
Item Prepared B .
~
arlos Zarate, Director of Facilities Maintenance
~t7d.
:;- /J / JO()
Documentation: Included: X
To Follow:
Not Required:_
Agenda Item#: ~
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Culver's Cleaning Co. Effective Date:
Expiration Date:
Contract Purpose/Description: Provide ianitorial services to include opening/closing of
restrooms at Veteran's Memorial Park (a.k.a. Little Duck Key)
::7{0 t>#L'f
Contract Managcr:L.llia Monsalvatgc
(Name)
4 3~-2
(Ext.)
Parks & Beaches Uni.
(Department)
for BOCC meeting on 6/1 4/00
Agenda Deadline: 5/31/00
CONTRACT COSTS
Total Dollar Value 'of Contract: $ / '81 OiJD. () () Current Year Portion: $ t.J...f131. 61 D() C. de
Budgeted? Yesl2?J No D Account Codes: 147-20503-530-340-
Grant: $ _-_-_-_
County Match: $ _-___
- -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $__/yr For:
(Not included in dollar value above) (eg. maintenance. utilities. janitorial. salaries. etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed r-Y"" ~ Reviewer I I
bl"f'OO YesD No~ ~. ~lvvCA-If>( ~ " DO
wanage,l)'A\nt S\30) 00 YesO Nori. W~ ~ 5 ["-"lO(
O.M.B./Pu~ YesDNo[2( ~vtft~ S~~
r ~~- ~
County Attorney (; - ., - C!cJ YesO Nol':1 ~. "jrf
Comments:
Division Director
(_ ~ t
t;::)'J -~)
OMB Form Revised WI 1195 Mer #2
SECTION THREE
CONTRACT
THIS AGREEMENT,
made
entered into this day of
and between MONROE COUNTY, FLORIDA,
(hereinaft~J, ~ometimes called the
(1-)\ - ~ P''''"P~rty of the second part
he "CONTRACTOR")
party of the
"OWNER" ), and
(hereinafter sometimes
WITNESSED: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.01
SCOPE OF THE WORK
The CONTRACTOR shall provide janitorial and opening
services, including all necessary supplies and
required in the performance of same, and perform
work described in the Specification entitled:
and lockup
equipment
all of the
Monro~'County Public Works
Contract Specifications
Rest Room Janitorial Service
Veteran's Memorial Park
Also known as Little Duck Key
Marathon Key
Monroe County, Florida
and his bid dated MAt. r,."L;Oro , each attached hereto and
incorporated as part of this contract document. The manual
shall serve as minimum contract standards, and shall be the
basis of inspection and acceptance of all the work.
3.02
THE CONTRACT SUM
The County shall pay to the CONTRACTOR for the faithful per-
formance of said service on a per month in arrears basis on or
before the 30th day of the following month in each of twelve
(12) months. The CONTRACTOR shall invoice the County monthly
for services performed under the Specifications contained
herein. The Contract amount shall be as stated by the
contractors bid as follows: ~15OD.DO per month.
3.03 CONTRACTOR'S ACCEPTANCE OF ~ONDITIONS
A. The CONTRACTOR hereby agrees that he has carefully examined
the sites and has made invest~gations 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 Contract shall control any inconsistent provisions
contained in the specifications. All Specifications have been
read and carefully considered by the CONTRACTOR, who
Section 3 - Page I
Ilnd":~t,~;t'lnds the .c,ame clnd I'Jl'ees 1:0 t:!leu,- sUtflCl':~W:'f COl the
work to be done. Under no cIrcumstances, conditions, or
Situatlons shall this Contract be more strongly construed
agal:lst ~he OWNER than against the CONTRACTOR and his Surety.
8. Any ,-lmbv::;uity or uncertainty in the ~3pecifications shall be
interoreted and construed by the OWNER, and his decision shall
be fi~al and binding upon all parties.
C. The pass i ng, approval, andlor 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
Contract, and Specifications covering said work. Failure on
the part of the CONTRACTOR, immediately after Notice to Cor-
rect workmanship shall entitle the m'lNER, 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 and severally liable to the OWNER for all
damage, loss, and expense caused to the OWNER by reason of the
Contractor I s breach of this Contract and/or his failure to
comply strictly and i~ all things with this Contract and with
the Specifications.
D. Contractor recognizes that time is of the greatest importance
and agrees to reimburse County $50.00 per day for each day of
delay in providing the services under this Agreement unless
said delay is caused by acts or omissions of the County or
Acts of God. The County shall have sole authority to determine
if a condition for non-payment under this paragraph has
occurred.
3.04 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of one (1) year, commenc-
ing on the day first written above. This Contract term shall
be r~newable in accordance with Article 3.048.
B. The OWNER shall have the option to renew this agreement after
the first year, and each succeeding year, for two additional
one year periods. The contract 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 yea~. Increases in the contract
amount during each option year period shall be extended into
the Succeeding years.
3.05 CANCELLATION
A. The County may cancel this contract for cause with seven (7)
days notice to the Contractor. Cause shall constitute a
breach of the obI igations of the Cant ractor to perform the
Section 3 ~ Page 2
ser-'/lces enumerated -:S ~he '~"Jntractor'3 ,)L1J::r.:ltlons IlflCjr:~t. i:hi::~
contract.
B. Except for the County's termination because oE
nonappropriation (Article 3.12), either of the parties hereto
may cancel this ,:tgreement '.vithout cause by Siving the other
party sixty (60) days written notice of its intention to do
so.
3.06 HOLD HARMLESS
The CONTRACTOR shall defend, indemnify and hold the County,
its officials, employees and agents harmless, from any and all
claims, liabilities, losses and causes of action which may
arise out of the performance of the Contract except such
claims, liabilities, losses and causes of action which may
arise because of the County's negligent actions or omissions.
Compliance with the insurance requirements shall not relieve
the CONTRACTOR from the obligations imposed by this article.
3.07
INDEPENDENT CONT~CTOR
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, con-
tractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
3.08
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.
3.09
ASSIGNMENT
The CONTRACTOR shall not assign or subcontract this agreement,
except in writing and with the prior writte~ approval of the
Board of County Commissioners for Monroe County and
CONTRACTOR, which approval shal14be subject to such conditions
and provisions as the OWNER 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 shall in
no manner or event be deemed to impose any obligation upon the
OWNER in addition to the total agreed-upon price of the
serVices/goods of the contractor.
Section 3 ~ Page 3
3 . 10
COMPLIAl\ICE ~HTH '....J\l;J
In :?roviding all secri.ces/'joods pursuant to this agreement,
the contractor shall abide ;;y ,3.11 statutes, ordinances, rules
and regulations pertaining ro, or regulating the provisions
of, such services, including those now in effect and hereinaf-
ter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of
this agreement and shall entitle the OWNER to terminate this
contract immediately upon delivery of written notice of termi-
nation to the contractor.
3.11
INSURANCE
Prior to execution of this agreement, the Contractor shall
furnish the Owner Certificates of Insurance indicating the
minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST 1-4, as further detailed
on forms WC1, GL1, VL1, EDl, each att2ched hereto and
incorporated as part of this contract document.
. '.
3.12
FUNDING AVAILABILITY
In the event that funds from Parks and Beaches Unincorporated
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 OWNER by written notice of termination delivered in person
or by mail to the contractor. The OWNER shall not be
obligated to pay for any services provided by the contractor
after the contractor has received written notice of
termination.
3.13
;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 the Public Works Manual entitled "Monroe County
Public Works Contract SpeCifications/Rest Room Janitorial
Service/Veteran's Memorial Park/Also Known As Little Duck
Key", which is attached hereto and incorporated herein as a
part of this contract/agreement. The provider shall at all
times exercise independent, professional judgement and shall
assume professional responsibility for the services to be
provided. Continued funding ~by the OWNER is contingent upon
retention of appropriate local, state, and/or federal
certification and/or licensure of contractor.
Section 3 ~ Page 4
~ . 1/1 PER FOEMAt'-Wr-: ::.< OBLIGATION
Monroe County's performance and obligation to pay under this
contract is r."Jntingent upon an annual appropriation by the
BOCC.
3.15
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be
in writing and hand delivered or mailed, postage prepaid, to
the other party by certified mail, returned receipt requested,
to the following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Boulevard
Key West, FL 33040
FOR CONTRACTOR
IN WITNESS WHEREOF the parties hereto have executed this Agreement
on the day and date first above written in four (4) counterparts,
each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
COUNTY OF MONROE, STATE OF
FLORIDA
By
Mayor/Chairman
Attest: DANNY L. KOLHAGE, Clerk
Clerk
CONTRACTOR
By &~~
Attest:
Corporate Seal if Corporation
~
WITNESS
WITNESS
Section 3 ~ Page 5