Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17. 18.2001
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Culver's Cleaning Company for the
Rest Room Janitorial Service at Veteran's Memorial Park.
ITEM BACKGROUND: On October 31,2001, the contract with Culver's Cleaning Company for the
Rest Room Janitorial Service at Veteran's Memorial Park will expire. In accordance with Article 3.04B
of the original Agreement dated June 14, 2000, both parties wish to exercise the first of two options to
renew the contract for an additional one year period.
.J'
PREVIOUS REVELANT BOCC ACTION: On June 14,2000, the BOCC approved to enter into a
contract with Culver's Cleaning Company for the Rest Room Janitorial Service at Veteran's Memorial
Park A/KIA Little Duck Key. On November 21,2000, the BOCC approved an Amendment to the
contract specifying the contract commencement for November 1, 2000, and adjusting the renewal
options to be adjusted annually in accordance with the percentage change in the Consumer Price Index
for all urban consumers (CPI-V) for the most recent 12 month available. It
CONTRACT/AGREEMENT CHANGES: To increase monthly janitorial services by the CPI-U for
August, 2001 at 2.7%, thereby increasing the cost from $1,500.00 to $1,540.50 per month, and
renewing the contract one additional year beginning November 1, 2001, and terminating October 31,
2002.
STAFF RECOMMENDATIONS: Same as noted above.
TOTAL COST: $18.486.00 per year
BUDGETED: Yes ~ No
Account #14720503-530-340
COST TO COUNTY: $18,486.00 per year
REVENUE PRODUCING: Yes
No~ AMOUNTPERMONTH_ Year
ITEM PREPARED BY:
OMB/Purchasing _ Risk Management _
APPROVED BY:
DIVISION DIRECTOR APPROVAL:
W. King, Acting Sr. Director, Lower Keys Operations
p~
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
X
To Follow
Not Required_
AGENDA ITEM # /~~
DIsposmON:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Culvers Cleaning Compo Contract #
Effective Date: 11/01/01
Expiration Date: 10/31/02
Contract Purpose/Description:
Renew contract for the Rest Room Janitorial Services at Veteran's Memorial Park
.
Contract Manager: Ann Mytnik 4431 Facilities Maint.lStop #4 J'
(Name) (Ext.) (DepartmentJStop #)
for BOCC meeting on 10/17/01 Agenda Deadline: 10/03/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 18,486 per Current Year Portion: $
year
No 0 Account Codes: 147-20503-530-340-
.:
16,945.50
Budgeted? Yes[8J
Grant: $ N/A
County Match: $ N/ A
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial. salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed /' I, l1e~er i6 } ~ WI
Division Director to _ , ~, YesO No[k( ~ f;/:'./' 10 - I -0\
Risk Management C\\d-Cc\D\ Yes~oO 0 I U~ \>'-<-~d"'- "1 .~~ of
O.MB./Purchasing C\ ~IDI YesD Noff ~~O q :)
County Attorney 'j'~7/r YesDNo!2( ~
Comments: RM- ~~~ ~ ~ LD r s o--r'-
~~ /'-e-~) ~ =I::f=-:) I ~I ' T~~
--- :J\H
OMB Form Revised 2/27/01 MCP #2
lOUL 8 (; d-~S
03-.}'
~!l..o - ~....
_..~
CONTRACT RENEWAL
(Rest Room Janitorial Service at Veteran's Memorial Pm AKA Little Duck Key)'
TIllS Renewal is made and entered into this 17th day of October 2001, between the COUNTY
OF MONROE and CULVER'S CLEANING COMPANY in order to renew the agreement dated
June 14,2000, and as amended on November 21,2000 (copies which are incorporated hereto by
reference) as follows:
1. In accordance with Article 3.04Bof the original Agreement dated June '14, 2000, the
owner shall exercise the fIrst of two options to renew the contract for an additional one
year period.
2. Pursuant to the second adjustment of the Amendment dated November "21, 2009, the
contract amount will be adjusted with the percentage change in the Consumer Price Index
for all urban consumers for the most recent 12 months available. The rent therefore will
increase 2.7% (CPI-U for August, 2001) from $1,500.00 per month to $1,540.50
3. The term of this Agreement shall commence on November 1, 2001, and terminates on
October 31, 2002.
.:
4. 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
ftrst written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
CULVER'S CLEANING COMPANY
Witness
By:
Witness
Title
,
,
CONTRACT AMENDMENT
(Rest Room Janitorial Servicc at Veteran's Memorial Park AKA Little Duck Key)
..
...
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 follows:
1. Article 3.04A to read as follows:
This contract shall be for a period of one (I) year, commencing November 1, 2000, and
shall 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 firs! year, and each
sllcceeding 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-V) 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 be~ween the parties dated June 14, 2000
remains in full force and effect. .:
SS WHEREOF, the parties have hereunto set their hands and seal, the day and year
bove.
BOARD OF COUNTY COMMISSIONERS
/F MONROE COUNTY. FLORJJ')A
~ K. ~~cJ-
By: ~
~~)~ 'n... CULVER'S CLEANING COMPANY
. ,( Witness )
~JJ)I,JJ)'ULL()y'x/ IlYP~~.
t-[-~ V\.-/J;:ICSS U
.. n_-'2k!1f.c;,.C
Title
--
SECTI01-l THREE
CONTRACT
THIS
. . ILl II
entered into thiS ~ day of
and between MONROE COUNf'Y, FLORIDA,
(hereinaftm1 uPometimes called the
(\')\ - fWh.'lI ~''''PXrty of the second part
L he "CONTRACTOR")
WITNESSED: Tha t the part ies hereto, for the considera t ion
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:
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
J'
and lockup
equipment
all of the
.:
and his bid dated MA~ ~, 02JDro , 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 Eor 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
Eor services performed under the Specifications contained
herein, The Contract amount shall be as stated by the
contractors bid as follows: ~15co.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 Eull responsibility therefore. The provisions
of the Contract shall control any inconsistent provislons
contained in the specifications. All Specifications have been
read and carefully considered by the CONTRACTOR, who
Section J - Page I
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llnd(~1::3t'jnds t:he ,-:;ame -::1nd .i<]rees to Ul0:1r sufficienc:'! COt. t:he
work to be done. Under no (':lrcumstances, conditions, or
situations shall this Contract be more strongly construed
agai:,st- ':he OWNER than ag;'linst the CONTRACTOR and his [';urety.
B. Any '-lmbiguity or uncertalrlt'l in the Specifications shall be
interoreted and construed by the OWNER, and his d~cision shall
be Ei~al 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
Contract, and Specifications covering said work. Failure on
the part of the CONTRACTOR, immediately after Notice to Cor-
rect workmanship shall entitle the OWNER, if it .sees ~it, 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's breach of this Contract and/or his failure to
comply strictly and In. all things with this Contract and with
the Specifications.
It
D. Contractor recognizes that time 1S 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 ~eIlewable in accordance with Article 3.048.
B. The OWNER shall have the option to renew th.s agreeme~t after
the first year, and each succeeding year, for two additional
one year periods. The contract amount agreed to herein may be
adJustod annually in accordance with the percentage change in
the Consumer Price Index (CPI) Eor Wage Earners a.nd Clerical
Workers ::.n the Miami, Florida area index, and shall be based
upon ., hI:': Jnnual average Cpr :.:omputa.tlon fr'om Januar~,r 1 through
December 31 of the previous year. 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 wnh seven (7)
days not ice to the Contractor. Cause shall Const i tute a
breach .)f I:he obligations of the Contractor to perform the
Section 3 I ?age 2
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sepfices enumerated ',s the ':'antractor'" "blq,)tlons under ::his
contract.
B. Except for the COunty'S termination because of
nonappropriation (Article 3.12), either of the parties hereto
may cancel this'greement ','1 thout cause by "J 1 ving the other
party sixty (60) days '.ritten 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 whi'ch may
arise because of the County's negligent actions or omissions.
Compliance wi th 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 a';Ireement 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,
1n 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 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 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 J ~ Page 3
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3. 10
COMPLIANCE WITH LAW
In ;>roV1Qlng all services/(joods pursuant to this C\greement,
the contractor shall abide by ,111 stat utes, ordinances, rules
and regulations pertaining I~O, or regulating the provisions
of, such services, including those now in effect and hereinaf-
ter adopted. Any violat ion 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 WCl, GLl, VLl, EDl, each attached hereto and
incorporated as part of this contract document.
'.
3.12
FUNDING AVAILABILITY
.:
In the event that funds from Parks and Beaches Un1ncorporated
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 terminat.ion 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
1n the performance of the activities encompassed by the
project herein described, subject to the terms and conditions
set Eorth i.n 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
par::: of ~his contract/agreement, The provider shall at all
times ":'xer.Cise independent, professional judgement and shall
assume professional respons1bility for the services to be
provided. Cant 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
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3. j.l PERFORMANCE Sc OBLIGATION
Monroe County'S performance and obligation to pay under this
Contract lS .;ontingent upon an annual appropriat ion by the
80CC.
3.15
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be
(n 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
FOE- CONTRACTOR
C-u\VeYS aroni ng Co.
R) fu1 'CtQi to,
Ma(cHhDn J ~ L 3?:/:B)
IN WITNESS WHEREOF the parties hereto have executed this Agreement
on the day and date first above written in four (4) cpunterparts,
each of which shall, without proof or accounting f~r the other
counterparts, be deemed an original Contract.
COUNTY OF MONROE, STATE OF
FLORIDA
BYcS~:&~~
Mayor/ lairman
,
V.c...
CONTRACTOR
By ~Ay~~
~t, ~'lllicwl
1WITNESS
Corporate Seal if Corporation
Section 3 ~ Page 5