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Item C13BOARD 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 Diversified Services of Key West, Inc. for janitorial services at the May Hill Russell Library in Key West. ITEM BACKGROUND: On April 30, 2004, the current contract with Diversified Services of Key West, 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 Diversified Services of Key West, Inc. for the janitorial services at the May Hill Russell Library in Key West, and on February 19, 2003 the BOCC approved to renew the contract for an additional one year period. CONTRACT/AGREEMENT CHANGES: Renewal to commence on May 1, 2004, and to expire on April 30, 2005. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $18,303.48 COST TO COUNTY: $18,303.48 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: (� z, / Z 7 G L/ c> Dent Pierce, Director Public Works DOCUMENTATION: DISPOSITION: Included X _ To Follow Not Required AGENDA ITEM # � [3 Revised 1 /03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Diversified Services Contract # Effective Date: 05/01/04 Expiration Date: 04/30/05 Contract Purpose/Description: Renew contract for janitorial services at the Key West Library. Contract Manager: Ann Riger 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 03/17/04 Agenda Deadline: 03/02/04 CONTRACT COSTS Total Dollar Value of Contract: $ 18,303.48 Current Year Portion: $ 7,626.45 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- Grant: $ N/A - - County Match: $ N/A - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: of included in dollar value above e . maintenanceutilities janitoriA safari etc. CONTRACT REVIEW Changes Datg In Needed Division Director 3)1 1 O Yes❑ No❑ Risk Management o1��/� Y Yes❑ NoE3"� O.M.B./Purchasing YesQ No❑ _ County Attorney a,l z 6 OV Yev.� . o OMB Form Revised 2/27/01 MCP #2 Date Out 6 CONTRACT RE- NEWAL (Janitorial Services at the May Hill Russell Library in Key West) THIS Renewal is made and entered in this 17a' day of March, 2004 between the COUNTY OF MONROE and DIVERSIFIED SERVICES OF KEY WEST, INC. in order to renew the agreement dated April 17, 2002, and as renewed on February 19, 2003, (copies which are 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 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 renewed on February 19, 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. (Sed) Attest: DANNY L. KOLHAGK CLERK By: Deputy Clerk Witness Witness MONROE COUNTY ATTORNEY �ivilty r, SUZf,r:+C A. iiUT` ON ASSIST:" T .(J'�t�''07TORNEY Date� © � BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 DIVERSIFIED SERVICES OF KEY WEST, INC. .Un Title CONTRACT RE, NEWAL (Janitorial vices at the May Hill Russell Library _ Key West) THIS Renewal is made and entered in this 19`h day of February 2003, between the COUNTY OF MONROE and DIVERSI1:IED SERVICES OF KEY WEST, INC. in order to renew the agreement dated April 17, 2002 (a copv 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 oftxvo options to renew the contract for an additional one year period. The contract price shall be adiusted in accordance \Kith 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 $1,491.00 per month to $1,525.29 per month, and from $17,892.00 per year to $18,303.48 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 �en above. BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA (f AL Clerk itncss Witness 0 DIVERSIFIED SERVICES OF KEY WEST, INC. By: �t')n t? Title APPROVED AS TO FOR AND GAL SUF I N BY 7_A NE HUTTON a ��T- �� M CONTRACT T141S AGREEMENT, made and entered into this 17th day of Ap ilil, 2002, A.D., by and between MONROE COUNTY. FI..ORIDA , (hereinafter sometimes call the "owner-), and Diversified Services of Key West, lnc (hereinafter called the "(,0ntraclor") That the parties hereto, for the consideration hereinafter set forth, mutually afar-ee as toll(.)\v 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 equipment required in the performance of same, and perform all of the work described in the Contract Specifications entitled: JANITORIAL SERVICES MAY HILL RUSSELL LIBRARY KEY WEST, 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'h 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: $17,92.00 per year, $1,491.00 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 control any Inconsistl provisions contained in the specifi .ions All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to then 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 li Any ambiguity or uncertainty in the spec1iica1Wns shall be interpreted and construed by the Owner, and his decision shall be final and bindins, upon all pa►tics C The passing, 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/RENEWAL A. This contract shall be for a period of one (1) year, commencing May 1. 2002, and terminating Ap1130,. . 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 (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. The extent of liability. in no way limited to, reduced, or ;send by the insurance requirements contained elsewhere within this agreement 1.07 INDEPENDENT CONTRACTOR Alt all time and t<-)Iall purposes under- this agreement. the Cmtia(-tor is an Independcni contractor and not an employee of the Board of' County Commissioners for NJonroe 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. 1.08 ASSURANCE AGAINST DISCRIlM]NATION 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. 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. 1.1.1 INSURANCE Prior to execution of this agreement, the ckontlactor shall furnish the Owner Cellificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forrn-is WC 1, GLI, EU I, and VL1, each attached hereto and incorporated as part of this contract document, and a11. other requirements foumi to be in the best interest of Monroe C0 unty as may be imposed b�, the. Monroe County Risk N.lanagement Department 1.12 FUNDING AVAILABILITY In the event that funds from 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 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 snail, returned receipt requested, to the following: FOR COUNTY FOR CONTRACTOR Monroe County Facilities Maintenance Diversified Services of Key West, Inc. 3583 S. Roosevelt Blvd. D-50 11`s Avenue Key West, FL 33040 Key West, FL 33040 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. L 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 CONTINGI:NCl � VA I- MrNT Monroe Countv's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners 1N WITNESS W1jFjRF()l- tlr;- parties hereto have exec wwt j ,iris Agreement on the day r,d elate -rrst ��.ritten above in tbw (4) counterparts, each of which shall; without proof or accountinL for the other counterparts, be deemed an original contract Attest:. DANNY By KOLHAGE, CLERK Clerk Date: �7 zoo z (SEAL) Attest: By: WITNESS Title By: -ss Title: BOARD OF COUNTY COMMISSIONERS OF MONROE 00UNTY, FLOIDA By: Mayor/Chairman CONTRACTOR Diversified Services of Key West, Inc. Title: pW� APPROVED AS TO F AND L L SUFFI 8 AN E ON )ATE oy