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Item C03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19. 2005 Division: Public Works Bulk Item: Yes ---X- No Department: Facilities Maintenance ~ ."- AGENDA ITEM WORDING: Approval of a Contract Renewal with G&K Services for the Division of Public Works uniform services. ITEM BACKGROUND: On January 31, 2005 the current contract with G&K Services will expire. In accordance to article 3.05 (B) of the original contract dated January 15,2003, the contract may be renewed for two additional one-year periods. This shall be the second and final renewal option. PREVIOUS RELEVANT BOCC ACTION: On January 15,2003, the BOCC approved to award bid and enter into a contract with G&K Services for the Division of Public Works uniform services. On December 17,2003, the HOCC approved the first of two one-year options to renew the contract, and on April 21, 2004, the BOCC approved a Contract Amendment increasing the mtes based on the percentage change in the consumer price index for all urban consumers. CONTRACT/AGREEMENT CHANGES: A renewed contract to commence on February 1, 2005 and expire on January 31, 2006 and a mte increase in uniform prices by the CPI-U of 3.5%. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Not to Exceed $50.394 COST TO COUNTY: Same BUDGETED: Yes ---X- No _ SOURCE OF FUNDS: Ad Valorem. Gas Tax & Internal BiIlimr REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management_ DIVISION DIRECTOR APPROVAL: /~ /;) . / v~ Dent Pierce, Director Public Works DOCUMENTATION: Included -L To Follow Not Required_ DISPOSITION: AGENDA ITEM # C - 3 Revised 1/03 ~an U~ U~ ue;~~a OpaLocka 151 .JAN-04-2005 TUE 09:23 AM , ,- , 786-337-8210 FAX NO. JAn 04 OS 08:23. ' OpALQcka 151 786-337-82JO ~~ 8OS5 NW"" eM! Sllite 2 MccIIq. FL Jlt66 (JOS) '"-$111 , p (186) 117-8210 It Gtll SlaVI(IS. JIDUWy 3. 2005 Certified '7002 OS 10 0003 S 172 03-73 P. 03 p.3 p.3 Moaroe CoUDly MIle Worb Division flCililies MaiMOMnc:e DqtanJnent 1m $. Jloo$eveJt 80ulevant Key W-. FL 33040 Ann: AIII'I M. Ripr. Coa1nct Monitor . Pvblic: Facilitiec Maiateunce ~ )q 1.0 -- ')00'-\ :- ,~l.\~ _ \<ly.5 rJov 0 ~.~ ~ ,}I tJoJ ~OO (,.:, ~ --;.5'7D Oar M~- Riger; 1bis is a writleft request for you to presem to lbe Boltld ofCouoty Commiasionas. AI thia tim. we arc Mkins that die '808111 of County Cooamissionen approve me IntIUaI CPl-U increase of J .81% OR behalf of 0ctIC Servieea. effective 02101105. AcCordins co the BID coaJrKt IhIt was siped between OAK Savices ad Monroe County in 2000, we would be adiUecf 10 1M CPI-U fDortue upon tho yearly cenewa1 of said conrncL We woulcS like to take this opportUnity IIId Ibank you for allowing us to contilWC Mfilliag your 1UIitonn cervice needs. gg~ Bnnch Maoapr G&K Service OpaLoclca - IS 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: G&K Services Contract#_ Effective Date: 02/01/05 Expiration Date: 01/31/06 Contract PurposelDescription: Public Works uniform services Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 01/19/05 Agenda Deadline: 01/04/05 CONTRACT COSTS Current Year Portion: $ 33,596 001-20501-530-340/001-20502-530-340 504-23501-530-340/102-22500-530-340 147-20503-530-340-_ 101-20505-530-340-_ ADDITIONAL COSTS Estimated Ongoing Costs: $N/A1yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Total Dollar Value of Contract: $ $50,394 Budgeted? Yes[g/ No 0 Account Codes: Grant: $ N/A County Match: $ N/ A CONTRACT REVIEW Changes I?~tf }n Needed /' J' ~ ~~ I' ~ ~ ~ ... Division Director W~ YesONoO ~~ Risk Management 11shs YesO NoC,Y O.M.B./Purchasing ~ YesO NO~ County Attomey I~< YesONo~~ Comments: Date Out OMB Form Revised 2/27/01 MCP #2 RENEWAL AGRqMENT (Unifonn Service - Public Works Division) TIllS Renewal is made and entered into this 19th day of January 2005, between the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement between the parties dated January 15,2003, as renewed on December 17,2003, and as amended on April 21, 2004, (copies which are incorporated hereto by reference) as follows: 1. In accordance with Article 3.05 (B) of the original agreement, the County exercises its second and final option to renew the Agreement for one additional year, and further agrees to adjust the contract price in accordance with the percentage change in the Consumer Price Index for all wban consumers (CPI-U) for the most recent twelve (12) months available (3.5%) Percentage change in the CPI-U of 3.5% thereby increases the contract prices as follows: a) Material Type 65/35 polyester/cotton - shirt/pant combination increases from $4.33 to $4.48 per employee per week. b) Material Type 100% cotton - shirtlpant combination increases from $4.99 to $5. 16 per employee per week. c) The Not to Exceed limit for the total contract increases from $48,690.17 to $50,394.33. 2. The term of the renewed agreement will commence on February 1,2005, and terminate January 31, 2006. 3. In all other respects, the original agreement between the parties dated January 15th, 2003, as renewed on December 17,2003, and as amended on April 21, 2004, 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Witness G & K SERVICES Witness By: MONROE COUNTY ATTORNEY ~M: tY SUZANNE. HUTTON ASSIS"",; C~Nr ATTORNEY Date ~ ~ Title CONTRACI' AMENDMENT (Uniform Service - Public Works Division) TIllS Amendment is made and entered into this 21 It day of April, 2004 between the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement between the parties dated January 15, 2003, as renewed on December 17, 2003, (copies which are incorporated hereto by reference) as follows: 1. In accordance to Article 3.05 (B) of the original agreement dated January 15,2003, the contractor requests an increase in contract price by the percentage change in the consumer price index for all urban consumers (CPI-U) for the most recent twelve months available. Percentage change in the CPI-U for January, 2004 of I.890A therefore increases the contract prices as follows: a) Material Type 65/35 polyester/cotton - shirt/pant cOmbination increases from $4.25 to $4.33 per employee per week. b) Material Type 100% cotton - shirt/pan combination increases from $4.90 to $4.99 per employee per week. c) The Not to Exceed limit for the total contract increases from $47,787.00 to $48,690.17. 2. Contract price increases are retroactive to the commencement date of February I, 2004. 3. In all other respects, the original agreement between the parties dated January 15th, 2003, and as renewed on December 17, 2003, remains in full force and effect. ",-, ,,:, ," -""'~" ,iN ~~S WHEREOF, the parties have hereunto set their hands and seal, the day and year fir~\ .:;--.~. . ,,"::above. "",,~"""-""""" '.' "',.,- .......,.,.,. .) \ \~2 "'" ,";' , (~i) '~-i\~,<'J: .... BOARD OF COUNlY COMMISSIONERS . 'AtteSt bANNY L; KOUIAGE. CLERK OF MONROE COUNlY. FLORIDA .,,}-;'-"'~..'" ' - '; -.--'::~/>;" ,'. .-, __; - '. . c Jir.~~ By.~ Davi P. Rice, yor Pro Tem ~~ Witness G &. K SERVICES MON~CE CUUNh ~"i~., ~~y ~ROVEU . f, . :..-> -.--.- Sl '~'ANrL , . HUTTON " ,'~'~ S ;~r..'J.Ji r"f~Tl/'JTORNEY By. {t- /~1 /f._cA ~A. Title ~ ,~ - --- - ~ RENEWAL AGREEMENT (Unif~nn Service - Public Works Division) THIS Renewal is made and entered into this J th day of December, 2003 bet""-een the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement between the parties dated January J 5, 2003 (a copy which is incozporated hereto by reference) as follows: I. In accordance with Article 3.05 (B) of the original agreement, the County exercises its first of two one-year options to renew the Agreement 2. The term of the renewed agreement will commence on February I, 2004, and tenninate January 31,2005. 3. In all other respects, the original agreement between the parties dated January 15th, 2003 remains in fuJ) force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year firstWrltteIi above. (Seal) . ' Atte.st: DANNY L KOLHAGE, CLERK BOARD OFCOUNTYroMMISSIONERS OF MONROE COUNTY, FLORIDA ay[J..~..-.L D puty Clerk BY;~~ >n ~) G &; K SERVICES By. a~ q~ "" /. A~-AJC/c~ ~p . Title MONROE COUNTY ATTORNEY ~FORM: ROB . WOlfE ~t~E?1~I~~~T.]-ArroRHEY (. ;.' ; SE<..TlON THREE CONTRACT (I.' .: ':. '~ ~~:.: nus AGREEMENT, made and entered into this 15'" day of January, 2003, A.D., Iy and belween MONROE COUI\'TY. A-ORIDA. (hero.inatio,. rometimes call the "owner). and G&.K Servic<."s , (ht'l(-jllaflel called the -Contractor') WITNESSED: That the panies hereto. fur the consideration hereinafter lei fuIth, DIltuaUy agree as follow: 3.01 THECONTRACT The COntrad between the OWner and the COntractor. of which this agreement is . part, consists of the contract documents. 3.01 THECONTRACTDOCUMENTS The con(rac( doamtents consist of this 8greement, the specifications, aD cbauge onIers, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3.02 SCOPE OF THE WORK The Contractor shall provide unifonn service, including all necessary supplies and equipment required in the perfonnance of same, and perform all of the worle desaibed in the Specifications entitled: UNIFoRM SERVICE And his bid dated December 1 I, 2002, attached hereto and inc;orporated as part of this contracl dowment The specifications shaJJ sClVe as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. 3.03 niB CONTRACT SUM The County shall pay to the Contractor for the faithful perfonnance of said service on a per month in arrears basis on or before the 30fh day of the following month in each of twelve (12) months. The Contractor shaD invoice the County monthly for uniform selVices performed under the Specifications contained herein. The Contract price (as stated in the Contractor's proposal) must be invoiced as follows: · Material Type 6513 5 polyester/cotton - shirt/pant combination. Four dollars and twenty-five cents $4.25 per employee. per week · Material Type 1000A cotton - shirt/pant combination Four dollars and ninety cents $4.90 per employee, per week T o{a) contract shall not exceed $47.787.00 per year. 3 04 CONTRACTOR 'S A({~'::.iPT ANCE OF CONDrTIONS c..: . ~-::!."f'"~r:1f A. The Contradol hereby agrees (hat he has cat"cfuJ/y examined the site and has made inve.~1ig.atioJ1s to fiJlIy satisfy .himselfthat ~uch site is correct and a suitable one for this \,,'ork and he assumes fun re~ponsibility thc.r("f(1re The pro"i~i(\n~ of the Confnd sJlaJ/ control. any incol1sistel11 provisions contained in the specifications All specifications have been read and carefully consideJed by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shaH this Cont.ract be more strongly construecfagainst the Owner than against the Contractor. 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, appro~ and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the OwneE of strict compliance with the terms of this Contract, and specifications covering the seMces. Failure on the part of the Contractor, immediately after Notice to Correct shaD 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 shaJI in any event be jointly and sevenilly liable to the Owner for all damage; loss, and expense caused to the Owner by reason of1he Contnlctor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 3.05 TERM OF CONTRACI'IRENEW AL A. This contract shall be for a period of one (I) year, commencing Februuy 1,2003 and tenninating January 3 I, 2004. B. The Owner shaH have the opt.ion to renew this agreement after the first year, and each succeeding year, for (wo 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. 3.06 HOLD HARMlESS The Contractor covenants and agrees (0 indemnify and hold hann1ess Monroe County Board of County Commissioners from any and all claims for bodily injury (mcluding death), personal injury, and property damage (including property owned by Monroe County) and any otber losses, damages, and expenses (mcluding aUomey's fees) which arise out of. in connection with, or by reason of services provided by the Contractor or any of its Subcontraa.or(s) in any tier, occasioned by the negligence, errors, or othec 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 msu~nc.e~ ~h~ Contd~;)r shalf indemni(v the CountV from aJt/and all increa~ epenses ["(~sullin!i from suchd". V _ .'. . The first (en doJlilr~ (SIO.OO) of remunerat.ion paid to t.he Contractor is i>r the indemnification provide-.d for ahov<, Th<' C:stc.."lf of liability is in no \\.ay hmi1cd t.o. reduced, OJ lessened by t.he insurance requirements contained elsewhere within lhis agreement. 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 shaH be construed so as to find the contractor or any ofhislher employees, contractors, semmts, or agents to be employees of the Board of County Commissioners for Monroe County. 3.08 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of ~ce, cieed, color, national origin, sex, age. or any other- dJaracteristic or aspect which is not job related, in its reauiting, hiring, promotin& terminating. or any other area affecting employment under this agreement or with the provision of services or goods under this 8greanent, 3.09 ASSIGNMENTISUBCONTRACT The Contractor shall not assign or SUbcontnlct its obligations uod~ this agreement, except in writing and with the prior written approval of the Board of County CommissioneJS for Monroe County and Co~d.or, which approval shaIl be subject to such conditions and provisions as the Board may deem necessary. This parngraph shall be incoIpCmlted by reference int.o 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 ill 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. 3:10 COMPLIANCE WIlli LAW In providing aJJ services/goods pursuant to this agreement, the contnldor shall abide by ail statutes. ordinances. rules and regulation pertaining to, or regulating the provisions o~ such services, including those now in effect and hereinafter adopted. Any violation of said statutes. ordinances. rules and regulations 5113.11 constitute a material breach of this agreement and shall entitle t.he Board to terminate this contact. immediately upon delivery of written notice of tennination (0 the contnlctor. The a>ntIactor sball possess proper licenses (0 perform work in accordance with these specifications throughout the term of this cont.~Cl. 3.11 INSURANCE . ,. ~:ti<:~;. rnor to execution ch' _.li~Jlgreemerit, (he contrador shall fin~;sn the Ownt"r Certificates 'Or - . .' .' InsurancR ind;c..atil1!! . e minimum coverage limitations as jicafed by an .eX" on the attached fonns identllled as INS'CKLST 1-5, as further detailed on forms wel, ai, and VI.), each a1tached hereto and incorporated as part of this contrad document, and all other requirement!' f(')und to be in the bpSf interest of Monrot' ('.aunt\, as mav be imposed by the Monn1(' C~lUnty Risk Management Dcpcu1ment. 3.12 FUNDING AVAJLAB1LITY 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 shaD not be obligated to pay for any services provided by the COntractor after the contractor has received written notice of termination. 3.13 PROFESSIONAL RESPONSmlL1TY 1be Contractor wartmts that it is authorized by'law to engage in the perfonnanc:e of the activities encompassed by the project herein desaib~ subject to the teems and conditions set forth in these contract documents The providec shalJ 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 NOTICE REQUlREMENT Any notice required or permitted undec this agIeetUent shall be in writing and hand delivered or mailed, postage prepaid, to the other party by ceJ1!fied ~ returned receipt r-equested. to the following: FOR COUNTY FORCONTRAcrOR Monroe County Facilities Maintenance G&K Services 3583 S. Roosevelt Blvd. 14720 NW 24th Court Key West, FL 33040 OpaLock.a, FL 33054 3.15 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 Contmctorto perform the services enumerated as the Contractor's obligations undex 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. 3.15 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. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 3.16 CONTINGENCY STATEMENT "'.".-.' ...~:. f, '. .. -'.. .._ . .., ~v."'. ,_ . .......~: Monroe County's ~~ '}ormance and oblisation to pay unc:i~ this contnlct is COJti'ngent ';' upon an annual appr- iat ion by the Monroe Counf)' Hoard" ~ Commissi<ners, IN /:;.-;:1-1-'- 01\:.' ~ ~TJ~REOF the parties hereto have exec:uted this ~reement on the day ~d date ." .~~~~:~~ove Ii) four (4) counterp~, each of whIch sha 11, wIthout proof or aCCOUJtmg fill AJ.b~.a1.i1tOunterpaI1S, be deemed an onglnal contract. .~Ii -~ '",.,.:., ~ ,. ..., '. . (SEAL) . BOARD OF COUNTY COMMISSIONERS Attest: DANNY L., KOLHAGE, CLERK OF 11~9E <<aUN1Y1'J:<W.lDA ~ . ijJja ///. ~ By~QJ~ b.G_Q.. ~ ~ By: Deputy Oed Mayor/Chairman Date: D 1- IS-03 (SEAL) . Attest: By: CONTRACI'OR G&KS By: Title: Title: ~N\ By: WITNESS Title: lte.e.T' ~ 'Z