Item C03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_ January 21 22 2004 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenancey • 11�....
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Culvers
Cleaning Company for the janitorial services, opening and lock up of Veteran's Memorial Park
restrooms.
ITEM BACKGROUND: On October 31, 2003, the contract with Culvers Cleaning Company expired
with no additional options to renew. A bid opening was held on September 18, 2003 with only one bid
submitted at approximately $600.00 per month over budget for fiscal year 2004. On December 4, 2003,
a second bid opening was held with Culvers Cleaning Company submitting the lowest bid. See attached
Tabulation Sheet.
PREVIOUS RELEVANT BOCC ACTION: On October 15, 2003 the BOCC approved to reject the
bid of September 18, 2003 and authorized to rebid for the restroom janitorial services at Veterans
Memorial Park. Also on October 15, 2003, the BOCC approved to renew the contract with Culvers
Cleaning Company on a month to month basis.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $1.360.00 er month
COST TO COUNTY: 1,360.00 per month
BUDGETED: Yes X No
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes ` No X AMOUNT PER MONTH Year
APPROVED BY: County Atty
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION
OMB/Purchasing Risk Management
Dent Pierce, Director Public Works
Included X To Follow Not Required
AGENDA ITEM #C 3
Revised 1/03
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Culvers Cleaning
Contract #
Effective Date: 02/01/04
Contract Purpose/Description:
Expiration Date: 01/31/05
For the Janitorial Services, and the opening
and closing of the Veterans Memorial Park
restrooms.
Contract Manager: Ann Riger
(Name)
4549 Facilities Maint/Stop #4
(Ext.) (Department/Stop #)
for BOCC meeting on 01/21/04
Agenda Deadline: 01/06/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 16,320.00 Current Year Portion: $ 10,880.00
Budgeted? Yes® No ❑ Account Codes: 147-20503-530-340-
Grant: $ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above e • maintenance utilities, salaries, etc
ate In
Division Director / 6/py
Risk Management /IS"lo3
O.M.B./Purchasing
County Attorney 16-1q-
Comments:
OMB Form Revised 2/27/01
CONTRACT REVIEW
Changes
Needed
Yes[-] Nog
Yes❑ NoR—
Yes❑ Noz�-
Yes❑ Noo-"'�
Date Out
/A kY
03
SECTION TIME
CONTRACT
THIS AGREEMENT, made and entered into this 21s` day of Janu , . 2004 AD., by and
between MONROE COUNTY, FLORIDA, party of the first part (hereinafter sometimes called
the "OWNER"), and Quivers Cleaning Com anv part of the second part (hereinafter sometimes
called the "CONTRACTOR")
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
3.01 SCOPE OF WORK
The contractor shall provide janitorial and opening and lockup services, including all
necessary supplies and equipment required in the performance of same, and perform all
of the work described in the Specifications entitled:
Monroe County Public Works
Contract Specifications
Janitorial Service Specifications
Veterans Memorial Park Restrooms
A/K/A Little Duck Key
Monroe County, Florida
And his bid dated December 3, 2003, 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 performance of said service on a
Per month in arrears basis on or before the 3& 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: $1.360.00 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 understands the same and agrees to their sufficiency 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 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, commencing on February 1,
2004, and shall terminate on January 31, 2005. This Contract shall be renewable
in accordance with Article 3.04 B.
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 will 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.
3.05 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 obligations of the contractor to
Perform the services enumerated as the contractor's obligations under this
contract.
B. Except for the County's termination because of non -appropriation (Article 3.12),
either of the parties hereto may cancel this agreement without cause by giving the
other parry 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 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.
3.08 ASSURANCE AGAINST DISCRIIVIINATION
The contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sec, 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 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.
3.10 COMPLIANCE WITH LAW
In providing all servicestgoods 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 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 termination 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, ED1, each attached hereto.
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 servicestgoods 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/Janitorial Service Specifications/Veteran's Memorial Park
Restrooms/ A/K/A 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 judgment 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.
3.14 PERFORMANCE AND OBLIGATION
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
3.15 NOTICE REQUIRE
NT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party be certified mail, return receipt
requested, to the following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Boulevard
Key West, FL 33040
FOR CONTRACTOR
Culvers Cleaning Company
P.O. Box 500761
Marathon, FL 33050
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.
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Attest:
Witness
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
CONTRACTOR
CULVERS CLEANING COMPANY
Title
Corporate Seal if Corporation