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Item C17 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17. 18. 2003 Division: Public Works Bulk Item: Yes -X No Department: Facilities Maintenance ~~ AGENDA ITEM WORDING: Approval of a Contract Amendment with L & N Dependable Janitorial Inc., to increase services due to the expansion of the Big Pine Key Library. ITEM BACKGROUND: Beginning in August, 2003, the Big Pine Key Library utilized an additional 1200 square feet by expanding their space in the Big Pine Key Shopping Plaza with the adjacent space previously occupied by the Artists in Paradise Gallery. Our janitorial contractor, L & N Dependable Janitorial Inc., increased their price to cover the additional square footage. The price per square foot remains the same. PREVIOUS RELEVANT BOCC ACTION: On April 17, 2002, the BOCC approved to award bid and enter into a contract with L & N Dependable Inc. for the janitorial services at the Big Pine Key Library, and on February 19, 2003, the BOCC approved to renew the contract for an additional one year period. CONTRACT/AGREEMENT CHANGES: Contract for janitorial services for 3600 square, an increase of 1200 square feet, and an increase in price from $301.79 per month to $452.69 per month. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $5.432.28 per year BUDGETED: Yes -X- No COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty X- OMBlPurchasing ~ Risk Management _ X_ f1;i/ ~ 81zr/a:> Dent Pierce, Director Public Works DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ DISPosmON: AGENDA ITEM # ~~ Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CQNTRACTSUMMARY Contract with: L&N Dependable Contract # Effective Date: 08/01/03 Expiration Date: 04/30104 Contract Purpose/Description: To add an additional 1200 square feet of SDace at the Big Pine Key Library to the Janitorial Contract. Price ner foot remains the same for 3600 S.L as it did for 2400 S.L Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 09/17/03 Agenda Deadline: 09/02/03 CONTRACT COSTS Total Dollar Value of Contract: $ 5,432.28 Budgeted? Yesl2?J No D Account Codes: Grant: $ NIA County Match: $ NIA Current Year Portion: $ 905.38 001-20501-530-~-3tfa - - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: ot included in dollar value above e . maintenance utilities 'anitori salaries etc. - - - ---- CONTRACT REVIEW Changes .,pate In Needed Division Director 'bf"FilO"7 Y 080 NoD RiskManagement ;/'9/0~ YesDNo~ O.M.B.lPurchasing81;P J~YesD NoW- r County Attomey8' - -Z'Z-03YesD No Date Out Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT AMENDMENT (Janitorial Services at the Big Pine Key Library) TIllS Renewal is made and entered in this 17th day of September 2003, between the COUNTY OF MONROE and L & N DEPENDABLE JANITORIAL, INC., in order to renew the agreement dated April 17, 2002, and renewed on February 19, 2003, (copies which are incorporated hereto by reference) as follows: 1. The contract price shall increase due to the addition of 1200 s.f of space that was added for the Library's use. The price therefore shall increase from $301.79 per month to $452.69 per month, and from $3,621.48 per year to $5,432.28 per year. The price per square foot remains the same. 2. The effective date of the rate increase is August 1,2003. 3. In all other respects, the original agreement between the parties dated April 17, 2002 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: Deputy Clerk By: Witness L & N DEPENDABLE JANITORIAL, INC. Witness By: Title MONROE COUNTY ATTORNEY TO FORM: (c CONTRACT RENEWAL C (Janitorial Services at the Big Pine Key Library) \ I THIS Renewal is made and entered in this] 9th day of February 2003, between the COUNTY OF MONROE and L & N DEPENDABLE JANITORIAL, INC., in order to renew the agreement dated April 17,2002 (a COpy which is incorporated hereto by reference) as follows: ], In accordance to Article 1.05(8) of the original contract dated April 17, 2002, the owner wishes to exercise the first of two options to renew the contract for an additional one year period, The contract price shall be adjusted in accordance with the percentage change in the Consumer Price Index for all urban consumers (Cpr-V) for the most recent twelve months available. 2. The contract sum shall increase by 2.3%, from $295.00 per month to $301.79 per month, and from $3,540.00 per year to $3,621.48 per year. 3. The renewed contract shall commence on May 1, 2003, and will terminate on April 30, 2004. 4. In all other respects, the original agreement between the parties dated April 17, 2002 remains in full force and effect. IN ~TNES~ WHEREOF, the parties have hereunto set their hands and seal, the day and year firstwtitt~ri 'ab<>v.e. " / C . ir .....\J}~ . >'-181i "'>3~' ))"-'S;\ / '" \,;",> . . d ....f'l,. _ t... ~'.' (S~iL_,~ I . (.1~'c:1- ',' .,;] <. Attest: 'DANNY.'L. KOLHAGE, CLERK .- /r:.~- ..',~>;/~.~-'/ Byl);~(. ~~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By;()}~ >n ~a,U --:::-' By: B I _ ROBERT > WPLFE DATE <2 -'Y-ro'3 (Q".'" J.... .' '-; ~l CONTRACT I!f'!;.,,':', I, . \\,', , '~.'. - "llll$ AGREEMENT. made and en1<"c<1 ""o lI11S 17"' day of April 2002, A D, by and be~\'ee" IWNROE COUNTY, FLORIIl,\, (Il(',einafier sometimes c:;1I 'he "owner"), and L & N lh'llclhlable Janitorial, Inc , (hcrcil1.1;i','l called the "Contractor") ih,,, ,he parties hereto, for the c,msidelalJon hereinafier set forth, mutually agree as follow 1.01 THE CONTRACT The contract between the OWner and the contractor, of which this agreement is a part, consists of the contract documents, A, THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 1,02 SCOPE OF THE WORK The Contractor shall provide janitOrial services, including all necessary supplies and eGu ipment required in the performance of same, and perform all of the work described in the Contract Specifications entitled: JANITORIAL SERVICES BIG PINE KEY LmRARY BIG PINE KEY, FLORIDA And his bid dated March 13, 2002, each attached hereto and incorporated as part of this contract document. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work, The Contractor shall insure all exterior doors locked Upon their departure, 1.03 THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 30'" day of the following month in each of twelve (12) months, The Contractor shall invoice the County monthly for janitorial services Performed under the Specifications contained herein, The Contract amount shall be as stated by the contractor's proposal as follows: $3,540,00 per year, $295,00 per month, 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A The Contractor hereby agrees that he has carefully examined the site and has made investigations to fully satisfy himself that such site is correct and a Suitable one for this Work and he assumes full responsibility therefore, The provisions of the Contract shall . "....w ... ..." oJP\;.\;.U:\~~ons. All sPecifications "dVe neen read and ~ully considered by the Contractor, t::ilo understands the Game 'and agrees to then sl\"uciency for the work to. be done. Under no circumstances conditio", '.', ,ituations shall this Cont"", be more strongly construed aga'nst the Owne; than a!.~;;ii1:;i the Contractor. ~_ \. .. 13. Any amb'gunv or uncertainty in the specifications shall be imerpreted and construed by the Own,-., ",d his decision shall be final and binding Upon all patties C The pass",,;, approval, and/or acceptance by the Owner of any of the JanitOlial services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure On the part of the Contractor, immediately after.Notice to Correct 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 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. 1.05 TERM OF CONTRACTIRENEWAL A. Tlus contract shall be for a period of one (I) year, commencing Max I, 2002, and terminating April 30. 2002. I 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 might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (Cpr-V) for the most recent twelve (12) months available. 1.06 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold hannless 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 with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other Wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents, In the eVent the completion of the project .(to include fue work of others) is delaYed or Suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County fTOrn any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above, --- "'''', .. ---""""'-l, ~""'1."""~lll~mS oomaIned.0?eWhere within this agreement. J .b7 f]\,lJ)EPENDENT CONTRACTOR U"~~senea oy tllC lUSUfance \. At all times "ild IOI a!l pll~)Oses under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners lor Monroe County No "atemom contained in this agrccment shall be construed so as to find the contractor or any ofhislher employees, COntractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. .... 1.08 ASSURANcE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the hasis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, tenninating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.09 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreemem, except in writing and with the prior written approval of the Board of County Commissioners for Monroe Coumy and Contractor, 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 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 board in addition to the total agreed-upon price of the services/goods of the contractor. 1.10 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor'shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. 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 contract immediately upon delivery of written notice of tennination to the contractor. The contractor shall possess proper licenses to perfonn work in aCCOrdance with these specifications throughout the teon of this contract. . . 'V, '" eXe<:Unon ot thyr,gt"eement, the contractor shall furnis{'h,e Owner Certificates of Insurance indicating th'to minimum coverage limitations as indicated by an "X" On the "uchcd fonns identified", \NSCKLST 1-5, as funher detailed on fOlms WCI, GLl, U ) J , <Jnd \Ill, each a 11 achej hen''! <) and incorporated a s part of th is cont ra d docu nlent, "nd a!1 other requirements f,)ultd to be in the best interest of Monroe County as may be Imposed by the Monroe County Risk Management Department \ . I 12 FUNDING AVAILABILITY In the eVent that funds fiom Facilities Maintenance 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 tenninated immediately at the option of the Board of County Commissioners by written notice of tennination delivered in person or be 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. 1,13 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 telms and conditions set fonh in these comract documents The provider shan at all times exercise independent, professional judgment and shall assume professional responsibility for the services to he provided, Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. I, 14 NOTICE REQUIREMENT Any notice required or pennitted 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 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR L & N Dependable Janitorial, Inc. P.O. Box 2546 Key Largo, FL 33037 1. I 5 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shan constitute a hreach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) 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, 1.16 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, ....1. , "-'Vl''l1.U''\(VbNLY ST~MENT @,' Monroe County's perff;;io'~ance and obligation to pay under this contract is contingent 1I po n 8 n · n nu 8 I 8 pprOJlriat ion by the M 0 nroc Cou nl y B 08 r d of County Commis sio ncr, ., .. . BOARD OF COUNTY COMMISSIONERS OF MONROE C TY, FLOIDA Deputy Clerk Date: ~ (7, z..O.:l"[.. By: By: By: Title: Title: By ~, rl WI~~ Title.~ D~+fn