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Item C07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 7/20/05 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton AGENDA ITEM WORDING: Approval of renewal agreement with Judy Bobick for Janitorial Services at the Key Wes International Airport. ITEM BACKGROUND: Parties wish to exercise the option to renew the agreement for an additional one year period. PREVIOUS RELEVANT BOCC ACTION: Approval of agreement for Janitorial Services, 4/21/04. CONTRACT/AGREEMENT CHANGES: Extends expiration date to 4/20/06, and adjusts contract sum to $167,169.0C STAFF RECOMMENDATION: Approval TOTAL COST: $167,169,00 COST TO AIRPORT: $167,169.00 COST TO PFC: None COST TO COUNTY: None BUDGETED: Yes SOURCE OF FUNDS: Airport Operating Budget REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X AIRPORT DIRECTOR APPROVAL r<r++- Peter Y Horton DOCUMENTATION: Included X Not Requ ired AGENDA ITEM # DISPOSITION: /bev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Judy Bobick Effective Date: 4/21/05 Expiration Date: 4/20/06 Contract Purpose/Description: Janitorial Services Renewal Agreement Contract Manager: Bevette Moore (name) # 5195 (Ext.) Airports - Stop # 5 (DepartmenU Stop) for BOCC meeting on: 7/20/05 Agenda Deadline: 7/5/05 CONTRACT COSTS Total Dollar Value of Contract: $167,169.00 Budgeted? Yes Grant: No County Match: nla Current Year Portion: $83,584.00 Account Codes: 404-63001-530-340 Estimated Ongoing Costs: n/a (not included in dollar value above) ADDITIONAL COSTS For: " (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed Yes No Reviewer Date Out Airports Director J R:?k Manag:;';nl ~.B./purChaSfng !a/3tt1 as.- ~1f- -b/30jOS- l /' '.. . / 1 ~-- for BJsh:: Managemel}t ..... ,""'.. (---._,c, 0' ....> ,.-;' ;,,: ""':' /' I ' /,'" t-/~/~ ";' C I "," (<-/c...-/" 1..>" / _z' 'f") ~-- ,././ ~/ eXl /05 :::> jQr OMB/( Jl/; , , ,'",,:'.. I" L/ ' 1 ,', ~c'-~u~ty!horney ,~".., / ../- ....... County Attorney ~~/~ Comments: JANITORIAL SERVICES RENEWAL AGREEMENT THIS JANITORIAL SERVICES RENEWAL agreement is entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter "Owner" or "County", and JUDY BOBICK, hereafter "Contractor",' WHEREAS, on the 21st day of April, 2004, the parties entered into a Contract For Janitorial Services at Key West International Airport, hereafter original agreement, A copy of the original agreement is attached to this renewal agreement and made a part of it; and WHEREAS, the original agreement tenn ended on April 20, 2005 but the parties desire to renew the original agreement an additional 1 year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 2 ofthe original agreement is amended to read: 2. Contract Sum. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis in each of twelve (12) months. The Contractor shall invoice KWIA monthly for janitorial services performed under the Specifications contained herein. The Contract amount shall be One Hundred Si:lcty-Seven Thousand, One Hundred Sixty- nine Dollars and no cents ($167,169.00) 2. Paragraph 4 of the original agreement is amended to read: 4. Tenn of ContractIRenewal. a) This contract shall be for a period of one year commencing on April 21,2005 and terminating on April 20, 2006. b) Upon completion of the term of this renewal period, the parties shall have the option to renew for two additional one year periods. The contract amount agreed to herein may be adjusted annually, on the renewal date of each year, by a percentage equal to the percentage increase in the CPI for urban consumers for the preceding calendar year. c) Should additional service be required at KWIA on a pennanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and approved by the Airport Manager and by the contractor. 3 The following paragraph is appended to the Janitorial Services Renewal Agreement and incorporated into the original agreement as paragraph 14. 14. Airport Security. a. ~neral. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under tbe authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant b. Airport Tenant Dermed. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The teon also includes an airport tenant as defined in 49 CPR 1540,5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. c. Airport Operator Dermed. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d. Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement, e. Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq, f. Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to ,maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement (1). Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigatio~ or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (2). Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the total costs incurred. by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation., defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (3). Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. (4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur, This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs, The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately detennine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. (5). Survival of Sub-Section. This sub-section h shall survive the cancellation or termination of this Agreement, and shall be in full force and effect. i. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold harmless, indemnify, defend and release the airport operator, and the airport operator's elected and appointed officers and employees, from any claims, actions, causes of action, litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any and all types of injury, including death, loss, damage, fines, penalties, or business intenuption of any nature whatsoever, of or to any person or property in connection with the use of the airport property under this Agreement, regardless of causation and including criminal acts of third parties; and especially including any and all rilleS, penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation or additional security measures required to be implemented by any governmental agency (including but not limited to the F ederal Aviation Administration and the Transportation Security Administration) resulting from a violation of any federal law or federal regulation. This sub-section shall survive the cancellation or termination of this Agreement. 4. Except as set forth in paragraphs one, two and three of this Janitorial Services Renewal 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) C01fMISSIONERS ATTEST: DANNYL. KOLHAGE, CLERK BOARD OF COUNTY OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson ~'fu~L: . Witnesses CONTRACTOR By ~A~pi~ BOBI This docu~t was prepar d and approved V ~<<J ~?! Pedro J. Merca ;Es-q. - >'0 'D ~lr) 8] ~o ~ ;:;~ ~ <8 3 >..,. ". ('"'f) .... . I' ("1") ~Z~~ u ~ ~ ~^F2 ~ I'Y"\ ~ CIl ~ ~ '"""" 0 <l) ~ ~~~~~ t~ ~c= ' ~ ~ ~ q ~~ @ ~~~~~ 7 / --. I.......' - 7 I - -/ -.J CONTRACT FOR JANITORIAL SERVICES KWIA 1-3 THIS CONTRACT, made and entered into this 21 st day of April, 2004, by and between Board of County Commissioners of Monroe County (County) and JUDY BOBICK (Contractor). The parties hereto, for the considerations herein set forth, mutually agree as follows: 1. Scope of Work. The Contractor shall provide janitorial services at the Key West International Airport, including all necessary equipment required in the performance of same, and perform all of the work described in the Specifications Option 1 (Exhibit A), and his Bid (Exhibit A-I) attached hereto and incorporated as part of this document. The Contractor shall insure all exterior doors are locked upon their departure after business hours. 2. Contract Sum. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis in each of twelve (12) months. The Contractor shall invoice KWIA monthly for janitorial services performed under the Specifications contained herein. The Contract amount shall be as stated by the Contractor's proposal as follows: One Hundred Sixty- two Thousand, Three Hundred Dollars and no cents ($162,300.00). 3. 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 Spedficatlons 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 County than against the Contractor (and his Surety, if applicable). b) Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Airport Manager, 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 County shall not operate as a waiver by the County of strict compliance with the tenns of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship shall entitle the County, 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 County for all damage, loss, and expense caused to the County by reasons 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. 4. Term of Contract/Renewal. a) This Contract shall be for a period of one year commencing on the date first written above and terminating one year later. b) The parties shall have the option to renew this agreement after the first year, for three additional one year periods. The contract amount agreed to herein may be adjusted annually, on the renewal date of each year, by a percentage equal to the percentage increase in the cpr for urban consumers for the preceding calendar year. c) Should additional service be required at KWIA on a pennanent basis, the additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and approved by the Airport Manager and by the Contractor. 5. 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. 6. 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. 7. 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, induding those now in effect and hereinafter adopted. Any violation of ~aid 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. 8. INSURANCE. Prior to execution of this agreement, the Contractor shall furnish to the County Certificates of Insurance for the following coverage: Workers Compensation - $500,000 Vehicle Uability - $300,000 (CSL) General Uability - $500,000 (CSL) Employee Dishonesty - $100,000 9. INDEMNIFY AND HOLD HARMLESS. Contractor agrees to indemnify and save County harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence Gf Contractor, its agents, or employees while Contractor is cleaning the Airport facilities. However, Contractor shall not be liable for any claims, actions or expenses which arise from the negligent or intentional acts or omissions of the County, its agents or employees. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. a) Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance w,ith generally accepted accounting , principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination ,of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Rorida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, " condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extenl permitted by law unless the enforcement of the remaining terms, covenants, conditions anG provisions of this Agreement would prev~nt the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event ~ny cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Rorida Rules of Ovil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; prOVided that all applications, requests, grant proposals, and funding-solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. . i) Cooperation. In the event any administrative or legal proceeding is instituted against either party, relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor spedfically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, thIs Agreement automatically terminates without any further action on the part of any party, effective the date of the' court order. County or Contractor agree to comply with all Federal and Aorida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include Qut are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use 55. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the' basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondi~crimjnation on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 55. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and_ shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each, is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solidtation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that It has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access tOr and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. " 0) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Rorida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for ~~~ - r" p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shal,l, apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended tOr nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, In which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, au~horizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. ' r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and aRart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. t) No Personal Uability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personalUability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. v) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference onlYI and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 10. 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. 11. 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 responsibility 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. 12. NOnCE 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 Airport Director Key West International ~lrport 3491 S. R.oosevelt Blvd. Key West, Fl33040 FOR CONTRACTOR Judy Bobick 1200 20th Terrace Key West, FL 33040 13. CANCELLAnON. r a) The County may cancel this contract for cause with seven 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 in 11, either of the parties hereto may cancel this agreement without cause by giving the other party thirty days written notice of its intention to do so. -.-::;'j~WITNESS WHEREOF the parties hereto have executed this Contract on the day and date , first.above'w~tten. , ,,' -./'1 - '\. ,... - ' ~,' ,-~ '" C~'\""", (SEAL} "f'.. ~~'r.'J ATTE~~1)A~X;L. KOLHAGE, CLERK ;;;~-.?".~\ ~i~},~,;~ ' r:!!tJ:. -;,.; / iF .' .". .~:_-.;~JJ a " . " ~, ~' ,.' /Oeputy Clerk By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNn', FLORIDA /]y;? -"is'pJrjrh::lil"m::ln Mayor Pro Tem WITNESSES f~~~ By jairKWIAbobick MONROE COuNTY ATIORNEr ~~M: , ROS, ' WOLFE: D;l~IEF:~.I~~y!~?(~RNE~ " I' SWORN STATEMENT UNCER. ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS ClAUSE . ~~f3J fJJ d p~ ~ ~nts tl1atitellt has not employeo, retain or otherwise had act on htslits behalf any fermer County omcer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the Caunty may, in tts dJSC"etfon, tenntnate this contract wtthaut ltabUft.y and may atsct ir its discretion, deduct from the contract or purchase price, or otherwise recover, the fun amount of an~ fee, omission, percentage, gift, or mnsidemtion pafd to the former County I / t?)t Date: STATE OF ;%/Uet'&\... COUNTY OF /J1() .l...JrOe PERSONAllY APPEARED BEFORE ME, the undersigned authority, ' L!udy &;1' l!.t( who, after first being sworn by me, affixed his/~ signature (name of individual signing) in the space provided above on this k6rU4ry ZOoY'. 0.'U4YlJA_..L, ;1do,~ N~TA~;;;~U / /~day 0 My commission exotres: 'l: A8 ~ i$..~~ BECKY D. HERNNlOcz-BAUER i*i :.1 flY COMMISSION' cc 958916 . ~. . '. EXPIRES: Augusl7, 2004 ~ tit IIamtlI 'Ilrv HoIaqI'lM: IlnIlwIiIIn ~ ~ PUBllC EN'TTTY CRIME STATEMENT -A person or affiliate Who has been placed on the convicted vendor list followtng a convidil for pubUc elitlt,' ,,-.mi:: iiiay iiot submit a. bid on a contract tu provide any goods or services to a pubflc entfty, may not submit a bid on a CDntract wtth a pubflc entity for the construction or repair of a ;:JubH,: building Dr pubUc work, may not submit bids on leases of reaJ property to public entity, may not be awarded or perform work as a contractor, supplier" subcontractor, or consultant under a contract with any public entity" and may not transact business with any public entity in excesc: of the threshold amount provided In Section 287.017~ for CATEGORY1WO for a period of 36 months from the date of being placed on the convicted vendor list. " .. ~ DRUG-FREE WORKPLACE FORM that: JJM 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, POS~ssjon, or use of a controlled substance is prohibited in the workplace and specifying the acnons that wiii be taken against empioyees for vioaatlons of SUch prohibition. ., 2. Inform employees about the dangers of drug abuse. in the workplace, the tlustness's pOlicy of maintaining a drug-free workplace, any avaUabl~ drug COunseling, rehabmtation, and employee a!Ststance programs, and the penalties that may be imposed upon emp'oy~ for drug abuse violations. 3. Give each employee engaged in provicffng the :ommodftles or cor.tractua! servi~s that are under bid a copy of the statement spedfied in subsection (1). 4. In the statement spedf'ied in subsection (I), natffy the employees that, as a condition of working on the commodities or contractual services that are under bid, the emDloyee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any viojation of Chapter 893 (Florida Statutes) or of any amtroiled substance law of the United States or any state, for a vJotabon occumng 10 the workplace no later than five (5) days after such conviction. S. Impose a sanction on, or require the satisfac:tcry participation in a drug abuse assistance cr rehabilitation program if such is a'laifa:Jte in the employee':;; co mrr:.l.mtt',' , or any ~mp!oya= who is so convicted. 6. Make a good faith ~ort to conttnue to malntain a d!'trg~free Wcrkpta~ through implementation of this section. As the' Person authoriZed to sign the statement, I certify that this finn ccmolies fully with the above reQuirements. ,/ ; ~ :--:---. ~ the dty of according to law on my oath, and under penalty of Peri and say thatI 1) I am ' the bidder ntaking tbe Pro~ for the Ject descrfbed: as follOW. r. ~ _ ~ -lJMr ~ ~ Ihhr!r - 7<1@/t ~Q 81 1: ' Z) 11Ie prices In this bid bave .... arrived at independently without collusion, c:an.1mtian, cammuni...lion or 8gflllment far the purp12. e. of reatrictillSl competition, as to any matter Niating to aucb prices with any other bidder or with any competitor; · 3) UnIeu otherwIi1e rectulred by law, the prka& wNcb have been quoted In this bid have not been knowingly dJsdosed by the bidder and will nat knowingly be dJ~!aaed bV the bidder prior to bid opening, directly or Indirectly, to any other bidder or to arty COIftpc'lfhrr; and 4) No attempt has been made or wUI be made by the bidder to induce any other pelWGll, ".b..~dp or carpol1ltlon to submit, or not to subm~ a bid for the purpose of restricting competition; 5) The statements contained In this afIidIIvtt are true and coned.,. and made with full knowledge that Monroe county relies upon the truth at the statements contained In this aftJdavJt In awarding contracts for said project. ' 5T A'iE OF .t%tt.tCl'<.. COUNTY OF J11tJlUro-e. 5}~ .'li! / .I 0,'1 DA . '" ,;' PERSONAUY APPEARED SEFOR5 ,.i, the urKtenJoned authorIty, Vc.t.dy~h, ~ who, after first being swam by me, (name of Individual signing) affixed hiS/her signature in the space provided above on ttlis My commi n expires; NOTARV PUIJUC '~~:i: HERNANOEZ-aAUER ..1........" BEC-KY' D. /" ~\ MY COMMISSION # CC 958916 ;': ;-i EXPIRES: Auyus17. 2004 . 80llCItd Thru 1t000rl PubtiC Unlit"""" <' Key West lntemational Airport Disadvantaged Business Enterprise (D8E) Office of Small Business ~jcpment tempera"!>, certifies r. Febuary 4,2004 ACE Building Maintenance Key West Monroe County t Florida, 33040 . RE: Disadvantaged Business Enterprises Certification Status Dear Judy Bobick, Please be advised that ACE Building' Maintenance has been temporarily certified as a Disadvantaged Business Enterprise pending further review by our Consultants Please be advised that this temporary CaE certification will expire thirty (30) days from the date of this letter: and that ACE Building Maintenance will be counted as a DBE on aU Key W~ International Airport (KWfA) federally funded projects during the next thirty day period- Upon receipt of notification from our Consuttants, I wUl readdress the Your nrmls certification application and inform you of the Key West International Airport's decision within Thirty (30) days. . If you have, any questions regarding the DBE Program of the Airport please call me at (305) 296-8099. ~ , EXHIBIT A SPECIFICATIONS OPTION 1 JANITORLll. SERVICES SPE!=IFIC.\TION . omaN...! To provide ja.oitotial services at the Kev West Inre:mtioD2l AiIport located at 3491 South Roosevelt ~d., Key West, PI.. 33040. For all public areas induriing public areas within the secUred area of the .AttpOlt, and the space behind the airline A.T.O. counters. Exceptions; Rental car counrers and Office space, )it-l;nes OBicc back areas, AirpOrt Gift shop and the Conch Flyer tCStautant Lounge. Wene sh2D. consist of two distinct areas of rcspon$ihility; ::gular janitorial services and floor mamrenmcc- ' .All employees or subcontccto:rs of the Contraetcr must pass m airport Background investigation inclnding a FBI ficgei~r ~TT'I;n:!tion. (See Atl"2rohM Applicu:ion) All employee or subcontaaors or the Conttacror who arc not citizens of the United State must have and possess documented authorization to wo:X in the United States issued by the Govemmcnt of the United States. Failure of ~ persons to have and possess such doccmetlt2tion is a rm".,.;"l brc:teh of the conttacr and "Will mtitle Monroe County to ~;nl'lte the com:cu:t for ause.. The ar:resr, detention or t2king intO CUStody of any of the Contclcror's employees or subcontt2~ by the Bureau Of Customs and Border f ,Protcaion. anistitutes snRici~t c:vidence under this contract tIw: the Con=aor bas aomtmttted a m~~ll breach and entitles Momoe County to ~n~te this comcu:t for cause Instmtne~ Remm--enq Worltcrs Comp~Sttion - $500,000 Vehicle lirbiIity - $300,000 (CSL) Gc:acal Li2biIizy - SSoo,ooo (CSL) Employee Dishonesty - $100,000 FDrm.3 Attached fonns must be completed and atttd1ed to the bids: Non-coDnsion Amdavir, Dmg Free Woa Place, Swom Statement - Oaiinmce No. 10 -1990, Public Entity Crime Star~~t. The Conttzc:t will be for one yeaI, With the option to %ClCW for three one-year periods. , " OPTION-1 Scope of services for regular janitorial work shall consist of Daily inside. Check and clean all glass doors and windows and du:ck all ait conditioning ventS. Check and clean 1" and 2dn floor bathrooms at least once evety 3Dmmures. Oean toilets, urinals, sinks, CDUntertops, and remove all tmSh and other debris from the bathroom. Empty and clean, as necess~, all ttaSh ems (1st and 2d floor) and removes all tt:1Sh immediatdy to ~~~ . , Check and clean all AiIpon .Arlrnini<:m.non area Monday -Friday. The Bureau of Customs and Border Proteerion and the National W cather Service tl!l'm;n ~ I empty and clem as necessary an ttashC3I1S and remove all rrash m,~ediatdy to the dumpsite. Pidmp ~ ne'WSpapetS, periodicals, and other debris inside the t~in~r buildings. /' " Sweep,;"~ ~dmop flootS (1" md2nd floors main ~;n~1 building). . SpOt clem floor smudges as neccss2lY. Wipe off ami clean departure lounge fumiture and giass between flights 52m~9pm Daily ontsid~. Empty and clem stming at the F.r.s. ..-mm~l to the ARFF building all m.sh ems, pickup litter, sweep ~ f1can walkways and curbs, wipe off benches, .mailboxes, ashtt:tys, sidewalks, parking lotS, md remove aD. trash to the dumpsire. . ' Secared area Sweep and dean, the dep:mure lounge outsjde holding area. and remove all trash betWeen flights 5am-9pm. , . Hours to be worked. .. . . Monday through Sunday 3:00 a..m. to 1: p.m. (10 boUIS'pcr day) 70 hours per week) ~' 1 . --a if '(;J ..... ~ I s:! if ~ u 11 t>-, ~ Ei: P.. ~ , 1) 11 <'~. .c '1j tl.. o '. 1 .' · j ~ ..Q ~ ~ ; ~ q,a ~ 0 0 :; 1 ~ ~ '.. 1 f 1 '0 ... to rfI .= ..g e ~ [ n ..c2 1 ,~ .a f g f b 9 j j ~ i Q... 0 0 u - 9 ~ 8 t; .1 1 C"l w \j 0 - GJ ..g 8 tJ n ~ --- u , ~ ~ 0 a-o ~ it o. "'0 "'d u .... ~ ~ - ~' ~ "'tl '~ r'1 w u n. ... .. lit t ;3 0 .~ ] U1 t 1-<1 .J:i a g t..... u ~ ~ ~ g 0 -a 0 ri. 0 M ..-. g 0 1-4 'II i a 0 0 0 0 ~ ~ i-I ~ n. ctl ..... ...... .. ~ IJ ~, po, k ~ 1 f t i " ..a ..a ~ 1 g !3 ft' ~ En r (J 0 ~ U) U') u .g 0 u .... ~ 1> ~ u 0... t..... ~ 'G u u 11 j ~ +-' d 0 ,6 11 (J ~ 0 ..cf g rJ 11 t .g Z~ ::1 Ii ..0 lfJ 8 J '1:J ~a ~. po, o 0 "t2 'U f1 ~ ~ :l,'... ~ {J Eg. .fi' t ~ ~ t; c jJ .it :f ~ ~ ~ 0 0 0 ~ ::s ~ o~ Z it V') Jr ,. EXHIBIT A - 1 BID ~ ~..rtf'~ - - " Monroe County Purchasing Office 1100 Simonton Street, Room 2-213 Key West, Florida 33040 REF: Janitorial Bid: APK-42-324-2004/LC Key West International Airport , In reference to the above bid; OPTION 1- $ 13,525.00 AMONTH/$162,300.00 A YEAR OPTION 2.. $ 11,220.00 A MONTII/134,650.00 A YEAR Enclosed is a copy of my DISADVANTAGED BUSINESS EN1ERPRISES CERTIFICATE, NON COLLUSION AFFIDAVIT, DRUG FREE WORK. PLACE FORM, SWORN STATEMENT-ORDINANCE NO. IO-1990t P tiC ENTITY CRIME STATEMENT. BOBICK, OWNER \CE BUILDING MAINTENANCE 200 20TH TERRACE :BY WESTt FLORIDA 33040 05 294-6206 OR 304-7636 / ~ ,. Key West International Airport Disactvantageo ~Ulilm:;::l~ >-, ..-. r: -, , " Development tempomrity certifies /' Febuary 4, 2004 ACE Building Maintenance Key West Monroe County I Florida, 33040 - RE: Disadvantaged Business Enterprises Certification Stanis Dear Judy Bobick, Please be advised that ACE Building' Maintenance has been temporarily Certified as' a Disadvantaged Business Enterprise pending further review by our Consultants Please be advised that this temporary CBE certification will expire thirty (30) days from the date of this tetter: and that ACE Building Maintenance will be counted as a DBE on all Key W~ International Airport (KWIA) federally funded projects during the next thirty day penotk.-_ ., Upon receipt of notification from our ConstrltantS, 1 wilt readdress the Your fum's certification appHcation and fnfcrm you of the Key West International Airport's decision within Thirty (30) days. . If you have, any questions regarding the DBE program of the Airport please call me at (305) 296-8099. ~ . ;