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Item F09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/21/00 Division: Public Works Bulk Item: Yes: ~ No: Department: Faci lities Maintenance Agenda Item Wording: Approval to amend the contract agreement with Culver's Cleaning Company for janitorial services and opening/closing of restrooms at Veteran's Memorial Park to reflect change in commencement date and cpr language. Item Background: Due to lengthy time involved in receiving all required documents, staff is requesting change in commencement date to reflect November 1, 2000. Additionally, cpr wording is correc- ted per revised Purchasing Policies & Procedures. Previous Relevant BOCC Action: At the June 14, 2000 meeting, the Board awarded bid and authorized the Mayor to execute contract agreement with Culver's Cleaning Company to provide janitorial services and opening/closing of restrooms at Veteran's Memorial Park in the amount of $1,500 per month. Staff Recommendation: Approval as stated above. Total Cost: $1,500 per month, $18,000 annually Budgeted: Yes:.lL No: Cost To County: $1,500 per month, $18,000 annually Cost Center: 147-20503-530-340 Revenue Producing: Yes: _No _X_ Amount per Month: $ Year: ! Risk Mgmt: Carlos Z rate, Dir~of Faci~ities Maintenance Division Director Approval: ~ ~ Dent Pierce, Director of Public Works Documentation: Included: XX To Follow: Not Required: -.:. ". ri Agenda Item #: ~ Disposition: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Effective Date:lJ I I 100 Expiration Date: 10/31/01 Contract Purpose/Description:Amendment to Contract with Culver's Cleaning Company to reflect change in commencement date and CPI adiustments, c~~ ll,j _ ~ _.-~~._..-..- Contract with:Culver's Cleaning Co. Contract Manager: Li~ Mon~c!1Yj!!g~ (Name) 4385 (Ext.) Un.i!Lc-,-_~C!rks & Bcachy-,~/J'-t'J\1_ (Department) for HaeC meeting on 11/2J 10Q Agenda Deadline: Ilf07tOQ CONTRACT COSTS Total Dollar Value of Contract: $18.090.0Q Current Year Portion: $16,500.00 Budgeted? YesC2] No 0 Account Codes: HL-20503 -530_-340 - Grant: $ _-_-_ _ County Match: $ _-__-__ - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not inclnded in dollar valne abovc) (eg, maintenanec. nlilitics. janitorial. salaries. cte.) CONTRACT REVIEW Changes . Date In Needed --./"" 0 Revif'"XC}) Division Director 11/1100 YesD No[}j 1). V/L/cQ r f!.K- Risk Managi)'tt lo\~"loo YesD NO~' ~H-"L- ~-b:.cN' OYwPur~g fO' 2S .o(JYesD No0~ {} If3 wJu.U County Allomey IO/~/Ud YesD NOrtY'~~) Comments: Date Out 1/ If / (lD \ 0 \"2.. s. 'oc') /()psJ~ ~. 76'(0/ OMB Form Reviscd 1)/11/1)5 MCP #2 CONTRACT AMENDMENT (Rcst Room Janitorial Service at Vctcran's Mcmorial Park AKA Little Duck Kcy) THIS Amendment is made and entered into this 21 st day of November 2000, between the COUNTY OF MONROE and CULVER'S CLEANING COMPANY in order to amend the agreement dated June 14, 2000, (a copy which is incorporated hereto by reference) as t(>/Iows: I, Article 3 ,04A to read as follows: This contract shall be for a period of one (I) year, commencing November I, 20nG, and sha/I be renewable in accordance with Article 3.04B. 2. Article 3,048 to read as follows: 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 might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in the contract amount during each option year period shall be extended into the succeeding years. 3. In all other respects, the original agreement between the parties dated June 14, 2000 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Scal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Dcputy Clcrk By: . . CULVER'S CLEANING COMPANY Witncss " - Witncss By: Titlc SECTION THREE CONTRACT THIS A,GREEMENT, mad~ and entered into '.hlS i!t!- day oE .J tJ N f. .::lti::t> A. 0.. by and be t we e n MONROE COUNTY. FLOR IDA , party of thlr Eir-::;t fJart (herelnaftlf,.~1 4",.,c30metimes called l~he .. OWNER"). a nd CW-"Jv.,tl~~",~ ~v - I\nlh't P,",!,X r t y <) f t he second pa n OV-l-"'lnafter ::;nrn('rlrnF~~ '.'.'r11e t:'he "CONTRACTOR"). ''IT'JE';SED, Th.lI '11<' pan",s hereto. lor the consideration !](-"r'fC"J:laEter set fenth, mutually agree as follows: :~. :)1 SCOPE OF THE WORK The CONTRACTOR "ha]] provide janitOrIal dnd opening and lockup se rnces, ! nc lud 1 n9 a 11 necessary supp lies and equ ipment rc'!u i red in t:he [KTformance of same, and perform all of the work described LIl t.he Specification entitled: Monroe"Count:y 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 MAX i.~ , 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 (121 months. The CONTRACTOR shall invo lce 'he Count y monthl y for services performed under the SpeCifications contained herein. The Contract amount shall be as stated by the contractors bid as follows: ~15oo_DO per month. 3.03 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 Contract shall Control any inconsistent provisions Contained in the specifications. All Specifications have been read and carefully considered by the CONTRACTOR, who SCClioll 3 - Page I llnd'" "" 'nds I. he "arnelnd "Fe",s 1:0 U Ie' I r Sll tt I c: v"" 'i [0 t I.. he '.0 r k "0 be done. lInde t. no "Heums tclIlee s, eond it Ions, 'or Sit'Jdt tons shall this Conl'I."ct be mOr.p st nmq i:; .:orwtrued aga I :: S I. .' he OWNER I ha n o1q,1[ n c, I I: he ':ONTPACTOR .Hld h 1:/ ,; u r e t y . H. Any ,mbqlllty 'n '",CertaInty U1 the :>peeiUe"t JOns sball be t nt,. mr.Ned and ~onst rued by Ihe OWNER, and IllS dee, 31 on shal] bE" CLnal and binding upon ,Ill P':lrties. ,. The p.,s,,, ng, approval, and/"1 dCCPptance of ,lIly part of' ':he wOlk 'n material hy the OWNEIi shall not oper" lceH; d '.a i ver by the i)WNEI? of 5t n ct comp Ilance With the terms of this COntr.,et:, and Specifications Covering said work. Failure on the part of the CONTRACTOR, immediately after Notlee to Cor, rect '.orkmanship shall entitle '.he OWNER, if It sees fit, to correct the same and re'.nV"r the reasonable cost of Such r.ep l.lCeme n t a nd/ or repa i r t.-om t he CONTRACTOR, '. ho s ha 11 in any eVent be jOlntly and severally liable to the OWNER for all damage, loss, and expense raused to the OWNER by reason of tbe Cono.anor's breach of tins Contract andlor his failure to comply strictly and iQ 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 tbe servlces 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 tbis paragrapb has occurred. 3.04 TERM OF CONTRACT/RENEVlAL A. Th,s contract shall be for a period of one (1) year, commenc, ing on the day first written above. This Contract term sball be t-enewable in accordance with Article 3.048. B. The OWNER shall have tbe option to renew thIS agre~ment after the f nst year, ~nd each 'lUcceedi I1g yea r. for two "doi tional one year periods. The contract amOUnt agreed to herein may be adj listed annually in accordance wi th the percenta"e cbange in tbe Consumer Price Index (CPIJ for Wage Earnersllld Clerical Workers :.n the Miami, FlorIda Mea index, and >>hajJ be based Upon 'he >tInual elveragee CD [ ',omput:,It: iOn f tom .r"nU.l n' 1 tbrough Decemb,,,: J I of the preVIOUS yea',.. Inerease8 in the Cont ract amOUnt during each option year period shall be extended into the Succeeding years. 3.05 CANCELLATION A_ The County may cancel thIS contract days notice to the Contractor. tn-each ,) t t he obI iga t ions 0 f the for cau.'>e Wl t h seven (7) Cause sl1,11 1 constitute a Contractor to [>pr-form the Section -:: ..... -' << Page 2 ser'/1 ces "nume'I'..d '8 CI", .>.mt L)ctor'.. ',[;1 I Fit lOns IJnd~ l lu 8 Contract. 8. Except Eor t.he COUntY's termlnatlon [;<'Cdllse uf nonappropri~tIon iAnlcle 3.(2), eIther of the pat.ties heretu may ~ancel t his\qrepment ,.,It hout cau"" bYF vine) I he, .,t he r party Sl:<ty (60) ,jays wri tt en notice ')E its intent i on to do so. I . 0 f1 HOLD HARMLE~;:; The CONTRACTOR, h" 11 de [e nd , indemnIfy and hold the COil nt: Y , lts officIals, employees and agents harmless, Erom dny and all claims, liabili tres, losses and causes of action WhICh may arise Out of the performance of the Contract except. :'lich claims, liabil It ies, losses and caus"s oE action wh,ch may dnse because of t h<, County's negl j 'Jent act Ions or amiss ions. Compliance with the Insurance reqUIrements shall not relieve the CONTRACTOR (rom the obligations imposed by this article. 3.07 INDEPENDENT CONT~CTOR At all times and Eor 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 relat~d, In its recruiting, hinng, promoting, terminatIng, or inv other area af feet Ing emplOyment under this agreement or "i th the provision oE 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 written approval of the Board of COunty CommIssioners Eor Monroe County and CONTRACTOR, whiCh approval shall< be 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 Eor therein, such approval shall In no manner or eVent be deemed to impose any obligation upon the OWNER in addition to the total agreedu[>on prrce oE the serVices/goods of the contractor. Sect ion J :::: .v. Page 3 3 . 10 COMPLiANCE ~vrTH '...AW In proViding all ser'/ices/'Joocls pursuant to I.IH,; .'greemem, I he "on'. L1C lor "hall abldr. ;;Ylll s ta t nt es, '".d 10 ", nces , rule" and ,'e'J"J,.lttons pertainlng '.0, or "e"n!.ltIn" the ProviSIons of, .,uch;ervlces, includi,,,, ; hose now in dfe,,,, dnd hereinat, ter,dopted. Any vIolatIOn of said slatntes, ordinances, ruies dnd regu ldtions she; i i Consti tute .] mateon.] I hreach 'd thls MJr""ment dnd 31M!! ''''''ILe the OWNEII 'r, ",'!'m'nate thIs contract Immediately upon delivery of wrjl~ten notice nf termi- n~t:0n to the contractor. 3 0 11 INSUR^NCE P'.i"'r t" 'execution ot t h i 3 a'lI.cement, the Cont ranor sha II fll [.n i eh 'he Owner Cert it i cates of [nsuranc<, inebeat: ing the minImum coverage limitations as indicated by an "X" on the: attached forms identified as INSCKLST 1-4, as further detailed on forms WC1, GLl, VLl, 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 aft~r 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 fonh 'n the Public Works Manual entitled "Monme County Publ](: Works Contract Specifications/Rest Room Janitorial Service/Veteran's Memorial Park/Also Known As Little Duck Key", whi ch is at tached hereto and incorporated herein as a pa ro!": 0 f t- hi s Cont ra.ct / agreement: . The provider sha L 1 a taIL t: 111002" eXHnse independent, processional jUdgement and shaJJ a.ssume prOfessional responSIbility for the services to be provIded. Cont inued funding by the OWNER is cont ingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. Section 3 ~ Page 4 l. 1,1 i?ERFOPr--1f1.t'-/('r.: .:- OBLIGATION Monroe Co"nr.Y's performance and oblJgetlOn to pay under th", contract IS ';->ntIng"nt "pnn dn ,1'1'1"" I appropriat Ion by the BOee. 3.15 NOTICE r\EQrJIREMENT Any not",,, ".'I'I'''.d 'lr perm1f:ted ,lllder I IllS ]sn.ement sheil I lop in wri t In'J ."Id :',]nd del i ver.ed or m,1 i 1 ed, pOstage prpp.l' d, to '- he ot her p,,,., y by cen 1f i ed ma iI, ,." I" med rece j pt I.p'], H'" U'c1, I: 0 U1f: f' 0] 1.)w I rYj ; POR COUT\TTY Monroe County ["llhl ic Works Facilities MalIlf "'/ldnce Department 3583 S. Roosevelt Boulevard Key West, FL 33040 FOf- CONTRAr'TOR 0.>\ VeYS Qmni ng Co. f.{) fu1 'etO.lo 1 MOfa-H1Dnj J:L 3?:bEJ) 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. Y L. KOLHAGE, Clerk COUNTY OF MONROE, STATE OF FLORIDA BYcSL...I~~~ Mayor/ lalrman 1:>.c.. CONTRACTOR By ,4~;p[:;~ WITNESS Corporate Seal ~f CorpOr3tion . W. W. 41'PROVED AS 10 FoR ~~~LE(01.~F.fIG. .J'KJ. B'Y . ..~/ ~.--;;::~ R . ~fRt N w'OLF~--- DATE~~ Section 3 ~ Page 5