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Item C09BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 17, 2004 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to renew the contract with L&N Dependable Janitorial, Inc. for janitorial services at the Big Pine Key Library. ITEM BACKGROUND: On April 30, 2004, the current contract with L&N Dependable Janitorial, Inc. will expire. In accordance to article 1.05 (B) of the original contract dated April 17, 2002, staff recommends to exercise the final of two options to renew the contract for an additional one-year period, at the current contract amount. 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. On February 19, 2003, the contract was renewed for an additional one-year period, and on September 17, 2003, the BOCC approved a contract amendment to increase services due to the expansion of the Library. CONTRACT/AGREEMENT CHANGES: Renewal to commence on May 1, 2004, and expire on April 30, 2005. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $5,432.28 COST TO COUNTY: $5,432.28 BUDGETED: Yes X No SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty. X OMB/Purchasing X Risk Management X DIVISION DIRECTOR APPROVAL: Dent Pierce, Director Public Works DOCUMENTATION: DISPOSITION: Included _ C,K To Follow Not Required, AGENDA ITEM # Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: L&N Dependable Contract # Effective Date: 05/01/04 Expiration Date: 04/30/05 Contract Purpose/Description: To renew contract for janitorial services at the Big Pine Key Library Contract Manager: Ann Riger (Name) 4549 (Ext.) Facilities Maint/Sto #4 (Department/Stop #) for BOCC meeting on 03/17/04 Agenda Deadline: 03/02/04 CONTRACT COSTS Total Dollar Value of Contract: $ 5,432.28 Current Year Portion: $ 2,263.45 Budgeted? YesN No ❑ Account Codes: 001-20501-530 40 Grant: $ N/A - - - - County Match: $ N/A - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed /j R e r IL Division Director 3�Zi Yes❑ Nod Risk Management a?1,0%Y Yes❑ NoEO"' .21PO-A O.M.B./Purchasing Q � YesR No2-*" County Attorney Z1 z(o f p f Yes❑ No 0 Comments: Form Revised 2/27/01 CONTRACT RENEWAL (Janitorial Services at the Big Pine Key Library) THIS Renewal is made and entered in this 17a` day of March, 2003, between the COUNTY OF MONROE and L & N DEPENDABLE JANITORIAL, INC., in order to renew the agreement dazed April 17, 2002, as renewed on February 19, 2003, and as amended on September 17, 2003 (copies which are incorporated hereto by reference) as follows: 1. In accordance to Article 1.05(B) of the original contract dated April 17, 2002, the owner wishes to exercise the final of two options to renew the contract for an additional one year period. 2. The renewed contract shall commence on May 1, 2004, and will terminate on April 30, 2005. 3. In all other respects, the original agreement between the parties dated April 17, 2002, and as renewed on February 19, 2003, and amended on September 17, 2003, 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. (SWI) Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Witness Witness MONROE COUNTY APPROVED AS 3 BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, FLORIDA By: L & N DEPENDABLE JANITORIAL, INC. M Title CONTRACT AMENDMENT (Ja trial Services at the Big Pine Key Lib. y) THIS Renewal is made and entered in this 17'11 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, A003, (copies which are incorporated hereto by reference) as follows: 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 first written above. (Seal) Attest: DANNY L. KOLHAGE_ CLERK Depute Clerk Wit 1 — 'T---_ witncss- — BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA / .0 . o By: L & N DEPENDABLE JANITORIAL, INC. By: Tillc MONROE COUNI-Y AT FORNEY =q� 10 FORM CHIEF IS C� 41,1 -r1UHNEl Date ��=__--- CONTRACT RENEWAL (Janitorial Services at the Big Pine Key Library) THIS Renewal is made and entered in this 19`h 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(B) 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 (CPI-U) 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 WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first wtit#eq above, n .6 Attest: L. KOLHAGE, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B %%%44-�OlrlJ— Title APPROVED AS �� OR Y A I , ROBERTW otFE DATE 2 -- I 'C� CONTRACT 11-1115 AGREEMI:M, made and enwited into this 17°i day of April. 1`002, A.D., by and between ;�; )?':ROI: COUT\rl11, FI_Ohll);� (hereinafter sometimcs (-,;III tic -owner"), and L & '\ 1)c4 able Janitorial. Inc, (here n.; i; ; c..all(,d the "Contractor"). ]]".a '01e parties hereto, for the consideration hereinafter set forili, mutually agree as follow: 1 01 •1'HE 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 equipment required in the performance of same, and perform all of the work described in the Contract Specifications entitled: JANITORIAL SERVICES BIG PINE KEY LIBRARY BIG PINE KEY, FLORIDA And his bid dated March 13, 2002, each attached hereto and incorporated as pars of this fications shall serve as minimum contract standards, and contract document. The speci 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 Cprl-rgACT SLIM 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 30a' 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 contractors 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 lie assumes full responsibility therefore. The provisions of the Contract shall mcansi:: at provisions co;;iained in the spec&11 ;>fions All specifications have- been read and c? `utly considered by the Contractor, ,o understands the same and agrees to their su«rcienc for the work ork to be done. Under- no circumstances, coma a .:' situations shall this Coatj b snore strongly construed a:, 1n:>t the Owner than as,.:insi the Contractor. B. Any ainbi�)urtv or uncertainty in the specifications shall be interpreted anti construed by the OiNV-1," .^od his decision shall be final and binding upon all parties- C. The passlll%, approval, and/or acceptance, by the Owner of any of the janitorial 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 CONTRACT/REN�ENNrAL, A. This contract shall be for a period of one (1) year, commencing May 1. 2002, and terminating Aua 30 2002 B. The Owner shall have the option to renew this agreement after the first year, and each succeeding yea-, 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 twelve (12) months available. 1.06 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless 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 the 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 from 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. is in no way limited to, reduced, S,`�--:Qssened by the insurance requirements contained `-ewhere within this agreement. 3.07 iNNUEPENDENIT CON i'lZJk('TOR At all times a„ j Pirrposes under this ag ` contractor and not an pendenemployee of the Board oflCounty Comm sosIis all dehgomot County. 1�0 state.rrcrloners {o t contained in this agreerneru 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. 1.09 ASSURANCE AGAINST DISCRIlVIINATION The Contractor shall not discriminate against an national origin, sex, age, or any other characteristicror aspect son on ewhich is nobasis of t job relatedcolor, 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. 1.09 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under 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 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 termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. Prior to execution ofthi, -greement, the contractor shall furnis. .Le Owner Certificates Insurance indicating the of minimum coverage limitations as indicated by an "X"t11e .'.itsi;l�cd forms identified as 1NSCKI.ST I-.5, as further detailrci OTT f��nns \�4�(;1, GLI, ,and VL1, each attacl,Cd hcret� � and incorporated as part of tlii� contract document, =rd all other requirements xoutiu io be in the best interest of N40111-0c County as may be imposed by the Monroe County Risk Management Department. 1.12 FUNI)ING AVAILABILITY In the event that funds from Faciliti reduced or cannot be obtes Maintenance Contractual Services are partially reained 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 of County Commissioners by written notice of termination 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 terms and conditions set forth in these contract documents 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. 1.14 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 FOR CONTRACTOR Monroe County Facilities Maintenance L & N Dependable Janitorial, Inc. 3583 S. Roosevelt Blvd. Key West, FL 33040 P.O. Box 254G Key Largo, FL 33037 1.15 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. 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. 1.17 CONTINGENCY STA''—[vEBNT Monroe County's perfo„nance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe Count} Board of County Commissioners. 11\1 WITNFi SS WI-JER] O1- the Parttes hefcto have executed this Agreement on the day and date lir5t_urtlen above in four (4) counterparts, each of which shall, without proof or accounting for te rparts, be deemed an original contract. 5 2 0�� �► A _1 t t .BIZ' L. KOLHAGE, CLERK Deputy Clerk Date: 17, Z ca z (S`g�j T 1 Attes LM Title By: WI S Title: BOARD OF COUNTY COMMISSIONERS OF MONROE CqVNTY, FLOIDA By: __ t__ Mayor/Chairman CONTRACTOR L&' By: Title APPROVED AS TO f AND AL SUM Y BY �J ZANN U ON DATE az 6 2,.-