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Item C30BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15, 2003 Department: Airports Bulk Item: Yes X No Airport: Florida Keys Marathon Airport AGENDA ITEM WORDING: Approval of Contract Renewal with Gail Holley d/b/a Birds of Paradise Cleaning Service to provide janitorial services at the Florida Keys Marathon Airport, at a rate of $411.36 per week, commencing November 1, 2003 and terminating on October 31, 2004 ITEM BACKGROUND: At their meeting on September 19, 2001, the Board granted approval of the Marathon Airport terminal cleaning contract with Birds of Paradise's Cleaning Service, Inc. The original agreement provides an option to renew the agreement for two additional one-year periods. PREVIOUS RELEVANT BOCC ACTION: On September 19, 2001, Board approved agreement for the Marathon Airport Terminal Cleaning Contract between Monroe County and Birds of Paradise Cleaning Service, Inc. On November 20, 2002, the Board approved a Contract Renewal with Birds of Paradise Cleaning Service, Inc. to provide janitorial services at the Florida Keys Marathon Airport, at a rate of $402.90 per week. CONTRACT/AGREEMENT CHANGES: : This contract renewal extends the agreement for an additional one year period. The contract amount has been increased in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U). STAFF RECOMMENDATIONS: Approval. TOTAL COST: $21,390.72 COST TO COUNT'': $21,390.72 REVENUE PRODUCING: Yes _ No X BUDGETED: Yes X No SOURCE OF FUNDS: Airport Fund AMOUNT PER MONTH: YEAR: APPROVED BY: County Atty. YES OMB/Purchasing YES Risk Management YES MARATHON AIRPORT MANAGER APPROVAL: - &112� -' J "Reggie" Par s DIRECTOR OF AIRPORTS APPROVAL: Peter J. Horton DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # (� MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Gail Holley d/b/a Birds of. Effective Date: November 1, 2003 Paradise Cleaning Service Expiration Date: October 31, 2004 Contract Purpose/Description: Contract Renewal with Gail Holley, d/b/a Birds of Paradise Cleaning Service to provide cleaning service at the Florida Keys Marathon Airport Contract Manager: James R. Paros (Name) for BOCC meeting on 1 6060 Marathon Airport/Stop 15 (Ext.) (Department) Deadline: CONTRACT COSTS Total Dollar Value of Contract: $21,390.72 Current Year Portion: $19,745.28 Budgeted? Yes® No ❑ Account Codes:-63501-530340- Grant: - - - County Match: - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance Division Director Risk Management CONTRACT REVIEW Change D to n Neede /i'W;,1 Yes[:] N i 31oz Yes❑ N O.M.B./Purchasing �3 County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 Yes❑ N Date Out tam CONTRACT RENEWAL Birds Of Paradise Cleaning Service FLORIDA KEYS MARATHON AIRPORT THIS Contract is entered into this day of , 2003 by and between Monroe County, a political subdivision of the State of Florida, hereafter County, and Gail Holley d/b/a Birds of Paradise Cleaning Service, party of the second part, hereafter Contractor. WHEREAS, the parties entered into an agreement on September 19, 2001, whereby the Contractor would provide janitorial services at the Marathon Airport, hereafter original agreement. A copy of the original agreement is attached to this extension agreement and made a part of it; and WHEREAS, the original agreement contained the option to renew for two additional one year periods; and WHEREAS, the Board entered into a Contract Renewal on November 20, 2002 with Birds of Paradise Cleaning Service, Inc.; and WHEREAS, the renewal agreement term ends on October 31, 2003, but the parties desire to extend the original agreement for one year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The Contract Sum Paragraph of the original agreement is amended to read: The Contract Sum. The County shall pay to the Contractor for the faithful performance of said service on a per week in arrears basis. The Contractor shall invoice the County weekly for janitorial services performed under the Specifications contained herein. This Contract amount is calculated by the Contractor's proposal and is in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available, as follows: $411.36 per week. 2. The Term Paragraph of the original agreement is amended to read: Term of Contract/Renewal. This Contract is for a term of one (1) year, commencing on November 1, 2003 and terminating on October 31, 2004. 3. Except as set forth in the above paragraphs one and two of this extension agreement 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 the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk &" (:�- bili, - Wit6ises BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson BIRDS OF PARADISE CLEANING SERVICE Y W, it Holley MONROE COUNTY ATTORNEY PP ORM: eM� r ROBWOLF - �ta� - 5'fittHNY . CONTRACT RENEWAL Birds Of Paradise Cleaning Service THIS Contract is entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter County, and Gail Holley d/b/a Birds of Paradise Cleaning Service, party of the second part, hereafter Contractor., this 20th day of November, 2002. WHEREAS, the parties entered into an agreement on September 19, 2001, whereby the Contractor would provide janitorial services at the Marathon Airport, hereafter original agreement. A copy of the original agreement is attached to this extension agreement and made a part of it; and WHEREAS, the original agreement contained the option to renew for two additional one year periods; and WHEREAS, the original agreement term ends on October 31, 2002, but the parties desire to extend the original agreement for one year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The Contract Sum Paragraph of the original agreement is amended to read: The Contract Sum. The County shall pay to the Contractor for the faithful performance of said service on a per week in arrears basis. The Contractor shall invoice the County weekly for janitorial services performed under the Specifications contained herein. The Contract amount shall be as calculated by the Contractor's proposal as follows: $402.90 per week. 2. The Term Paragraph of the original agreement is amended to read: Term of Contract/Renewal. This Contract is for a term of one (1) year, commencing on November 1, 2002 and terminating on October 31, 2003. ?. Except as set forth in the above paragraphs one and twu of this extension agreement in all other aspects the terms and conditions of the original agreement remain: in full force and effect. � INrWITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first ;;bbve\tkr4ten.- (SEAL)--: BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF M/ONROE COUN TY, FLORIDA B By 2 •c l� a tl ) Deputy Clerk Mayor/Chairperson BIRDS OF PARADISE CLEANING SERVICE By C� APPROVED Gai olley LEGAL ,1 1' FOF?A" DATE MARATHON AIRPORT TERMINAL CLEANING CONTRACT a THIS AGREEMENT, made and entered into this /day of _ �� lJi� /Yid` , 2001, by and between MONROE COUNTY, FLORIDA, party of the first part (hereinafter sometimes called the "Owner"), and Birds of Paradise's Cleaning Service, Inc., party of the second part (hereinafter sometimes called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF THE WORK The Contractor shall provide janitorial services, required in the performance of same, and perform all of the work described in the Specification entitled Janitorial Specification for the Airport as Exhibit A attached hereto and incorporated as part of this contract document. THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per week in arrears basis. The Contractor shall invoice the County weekly for janitorial services performed under the Specifications contained herein. The Contract amount shall be as calculated by the contractors proposal as follows: $395 per week. 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 thin work and he assume:' full responsibility therefore. The provisions of the Contract sha;i control any inconsistent provisions contained in the specifications. All Specifications ha-e been read and caref illy considered by the Contractor, Wlo understands the same and agrees to their sufficienc,, for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, 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 Contract, 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 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 5pecif ications. TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing on N oy E H 6 E R 1 , 2001 and terminating on o c -c c es E R. 3► A , 2002. 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 year. Increases in the contract amount during each option year period shall be extended in the succeeding years. HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlines on the attached for identified as Exhibit B 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. 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. ASSIGNMENT The Contractor shall not assign 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 and any assignee 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. COMPLIANCE WITH THE LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations 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 regulation shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract 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 contract. 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 form, Exhibit C, each attached hereto and incorporated as Exhibit C as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. FUNDING AVAILABILITY In the event that funds from Airports 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. 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. The provider shall at all times exercise independent, professional judgment and shall assume professional resporv;ibility 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 licenser of contractor. 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 Marathon Airport 9400 Overseas Highway Marathon, FL 33050 FOR CONTRACTOR Birds of Paradise P.O. Box 501856 Marathon, FL 33050 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 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. IN WIT 5 WHEREOF the parties hereto have executed this Agreement on the day and _ fit~' a written. AGE, CLERK Deputyif, w5fiir Witnesses jdairportMAPcleen BOARD OF COUNTY COMMISSIONERS OF NROE COUNTY, FLORIDA Mayor/Chairman BIR05 OF PARADISE CLEANING SERVICE APPROVED AS TO FORM A S F Fi RO ERT N. OLF�E DATE Y- 30_ D% ACORD,, CERTIFICATE _`F LIABILITY INSURA�' OE �0/13/2000 PRODUCER (305) 743-0494 (305) 743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,Keys Insurance Agency of Monroe County, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 500280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marathon, FL 33050-0280 INSURERS AFFORDING COVERAGE INSURED Gai I Ho I I ey PO Box 501856 Marathon, FL 33050 COVERAGES INSURER A: Lloyds of London INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE POLICY NUMBER POLICY -EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR BINDER D89004 �� I- L J N1 1 0 C ­�- c d K`L, W 10/13/2000 10/13/2001 EACH OCCURRENCE $ 100, 01 FIRE DAMAGE (Any one fire) $ 50,01 MED EXP (Any one person) $ S,01 PERSONAL & ADV INJURY $ 100,01 GENERAL AGGREGATE $ 200,01 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ 100,01 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR F CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COWIENSATION AND EMPLOYERS' LIAUILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Additional Insured: Monroe County Board of County Commissioners CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION Monroe County Board of County Commissioners PO Box 1680 Key West, FL 33040 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TH ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL UCH NOTI HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH CO A , ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTFITIV 25-S (7/97) ©ACORD CORPORATION 1 August 28, 2003 Dear Mr. Paros, I'm requesting the CPI increase on my contract for the coming year. The increase will be needed in order to offset the increase in insurance I carry for the airport. Thank you. Sincerely, GAil Holley DBA Birds of Paradise Cle- inga Service