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Item C13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Januaa 18,, 2006 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to renew contract with G&K Services on a month to month basis, for Uniform Services for the Division of Public Works. ITEM BACKGROUND: On January 31, 2006, the current contract with G&K Services will expire, with no additional options to renew. A month to month contract extension is needed until award of proposals can be achieved. Proposals are scheduled for opening on Tuesday, February 7, 2006, 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 BOCC approved the first of two one-year options to renew the contract. On April 21, 2004, the BOCC approved a Contract Amendment increasing the rates based on the CPI-U, and on January 19, 2005, the BOCC approved the second and final one-year renewal option. CONTRACT/AGREEMENT CHANGES: Extending the contract on a month to month basis. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: a rox. 4 200.00/mo. BUDGETED: Yes X No COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: Dent Pierce, Director Public Works DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM# Revised 1103 .\10NROF COUNTY BOARD OF COUNfV C01'vli'vHSS10NERS CON-rRACT St}l'vlJ\.1ARY Contract with. G&K Services Contract i/ ... F,ilecrive Date E.xpiration Date 02/01/06 Month 10 Month . Contract Purpose/Description Divi::;ion ofPub!ic Works Uniform Contract Manager Beth Leeto ..-,-~~.~ (Name) 4560 _M_.,C..< (Ext.) _P_~l b lie VV~<2~~s/~~(}p! .____ (Department/Stop H) 11:)f BOCC rneeting on 01/18/06 Agenda Deadline: 0 I /03/06 CONTR_ACT COSTS Cunem 'oj"' car Portion S ~f~pproK4c2(}()/rn() QQ l-kQ~QI -5JQ3jJL - 00] '::..:?~}~Q4~~3Q:340 )(}:j-;?J?_QI-5J034(t ~ ! 02-22500,::~~}Q:J40 147:::?9503-5JOJ4.Q- lQJ:::?Q505::)J0340 .rota! Donar Value of Contract: $ . $5Q)94 n Budgeted') Y cs[g] No 0 Account Codes Grant: $ N/A County \.1atch: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $___!yr hw . . .. ...... ._ __.._ ____ (Not included in dollar value aoove) (l;_g_ Hl;rinlcnance. utilities. j ani wriaL :;<llanes, CIC,) CONTRACT I{EVIEW Division Director Dare In tJ-1~ Changes Needed YesD NoD /< /J _. .. ~ / " .Datc. Out ~!J1Yf~~ . . ~dHI9~ County.'\ttorne:v 1~~L0f.:.. Y csD NoQ-' \ l~\e\? \' esO No~ 0~ . ^. (l I_~& Ye'DNo0?_d:lfWV>~Y?1 \, (\ C ~...... ~ (~1 '". U . Ci 'i . I . ",--,t-_~:(:lf:"'..-.l!~ I. r 'i:?:" --'d--~ . Risk Management O~B IPurchasing Comments OMB F6flYl Rcrj~l:d 'lil7iOl MCP #') CONTRACT EXTENSION IG&K Senkes, Divisloll of Public \Vorns Unifbrm Services) 'rJ.JJS Extension is made and entered into thlSl81iJ day of January, 2006., het\'iccn Monroe County, a political subdivision of the State of Florida, and G&K SERVICES, to extend the agreemem dated January 15, 2003, as amended on A..pril 2], 201).L and as rene\vcd on December 17, 20CH, and January 19, 2005. WITNESSFI'lI: WIIERr:AS. the conlract dated January 15, 2003, bct'vccn the partics expires on January 3!, 2006: and \VIIEREAS, the parties desire to continue their relationship under the current contract as amended and renewed, on a month to month basis; NO\\', THEREFORE, the parties agree as tallows: !. EffccttveFebruary I, 2006, the contract shall continue on a month to month basis. ..., fll all other respects, the original agreement between the parties dated .January 15, 2003, amended on April1l, 200:1, ami renev./ed on December 17, 2003 and January 19, 2005, remains in fu!l1~)rcc and (~ffect IN \\fITNESS \VHEREOF, the parties have hereunto sei their hands and seal, the clay and year first writren above (S~;al) AlleSl DANNV L. KOLHAGE, CLERK BC)ARD OF COUNT,'" CO!vftvlJSSIONERS OF MONROE COUNTY. FLORIDA By: By: Dqmiv Clerk Mavor/tvlayor Pro Tern G&K SERVICES \',illness fh: Wltm:S5 Prim Name MO"'P" {"',c COU" ~'.". - ,", h. .,\j I Y AT I ORNEY jPPRO\rE"(JS ~.E.oRr~r: c //~./ ( f '~~2 /1' .---y.,v- l-'--1d!>-"l /L"" .. //, .:;:r-- _.. "-'C ~A,_ .-( .i? ' SUSAN M GFlfl SL.EY ..'"> r, S('IS'~' "T r~o '~ 1--'., ~, ,iA,~ '-." Urny ATTORNEY' Tille (. ,.- ; SE<:..TION THREE CONTRACT ( J >. . ~ I:. '~~ ~. '~..-f' . .... ......i'.. .', 11-/.15 AGREEfI..fENT, made and entered into this 15(h day of January, 2003, A.D., by .and bel wcen M 0 NR OE ('0 U"'T)' , FLOR IDA. (heroill a Ii er l<Omel.imo' call lhe .. oWlld). alld G&K Service's, (ht"J('lllaHel called the "Contractor--) WJ1NESSED: That the parties hereto, fur the collsideratiOll hereillafter ~el furth, mrtually agree as follow: 3.01 THECONTRACT The contract between the owner and the contractor, of wbich this agreement ;,;. part, consists of the contract documents. 3.01 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, a11 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. 3.02 SCOPE OF THE WORK The Contractor shall provide uniform service. including all necessary supplies and equipment required in the performance of same, and peIfonn all of the work described in the Specifications entitled: UNlFORM SERVICE And his bid dated December 1 I) 2002, attached hereto and incorporated as part of this contract document. The specifications shall serve as minimum contract standards. and shall be the basis ofinspection and acceptance orall the work. 3.03 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 3001 day of the following month in each of twelve (12) months_ The Contractor shall invoice the County monthly for uniform seIVices 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 100% cotton - shirt/pant combination Eour dollars and ninety cents $4.90 per employee, per week Total contract shall not exceed $47.787.00 per year. 3~04CONTRAC'TOR'S A(\:':~PT ANCE OF CONDrTIONS (. . ~~~~.f:'~~f:;~:- A. The ContnctoJ hereby agrees that he has carefully examined the site and has made invc!\tig.atioJls (0 fidly satisfy.himscJfthat such site is conect and a suitable one [or this work and he assumes full responsibility 1her<:>{()f(' The provisions of the Con1nct shall COntrol any incon~istcut Plovisions contained in the specifications All specifications have been read and carefully considered by the Contrac(OJ, who understands the same and agrees to their sufficiency for the \Vork to be done. Under no circumstances, conditions, or situations shall this Contrad be more strongly construe<fagainst 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, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contra~ and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the Owner, if it sees fif; 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 severnlly liable to the Owner for all damage~ loss; and expense caused to the Owner by reason of the Contractor's breach of this Contract andlor his failure to comply strictly and in all things with this Contract and with the specifications. 3.05 'I'ElW:: OF CONTRACTIRENEW AL A. This contract shall be for a period of one (1) year. commencing February I, 2003 and terminating January 3 I, 2004. 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. 3.06 HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold hannless 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 OT any of its Subcontractor(s) in any tier. occasioned by tbe negligence, errors. OT 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 tlte required m~lw~nc.e~ ~h~ Contdi~:.)r shaH indemnif)' the County ITom a~i'~nd aU increa~ expenses resuhing. from such dr - \' The first (en doHan, ($10.00) of remuneration paid to the Contractor IS for the indemnification provided for ah0\1(' TIl<' C:"l<<.:nl of liability is in no \\';j) hmilcd to, reduced, OJ k~.sei1ed by the insurance requirements contained elsewhere within [his 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 shall be construed so as to find the contractor or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.08 ASSURANCE AGAINST DISCRIMINATION 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. 3.09 ASSIGNMENT/SUBCONTRACT The Contractor shaII 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 incorpornted by reference into any assignment or subcontract and an)' assignee or subcontJactor shaJI comply with all of the provisions of this agreement. Unless expressly provided for therein, SUdl 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. 3 :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 o( 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 tillS contract immediately upon delivery of written notice of tenuination to the contractoc The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 3. I I INSURANCE ~:O:.._-, " .. \: F . '-~.r~~~~4~;" rnor to e.xealt!on 0\-' _;,u~ Jtgree.ment, the con(raC(or shall fumHm the Owner Certificates 'Of Insurance indic...atin,g . e minimum coverage: limit.ations as jicated by an <eX" on the attached fonns identlued as INSCKLST 1-5, as further detailed on forms Wel, GLI, and VL I, each allached hereto and incorporated as part of this contrad document. and all othel rcqujJ~menf~ fi1und to be in the bf.$1 interest of Monroe Countv as l11a" IJC il1lposed by (he Monroe C~)lmty Risk Management DepaJ1ment. 3.12 FUND1NG A V AILABIL1TY In the even{ that funds from Facilities Maintenance Contractual Services ace 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 teiminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or be mail to the contractOL The Board shall not be obligated to pay for any services provided by the COntrnctor after the contractor has received written notice of termination. 3.13 PROFESSIONAL RESPONSffiILITY The Contractor wammts that it is authorized by "law to engage in the peIfonnance of the activities encompassed by the project herein described~ subject to the terms and conditions set forth in these contract documents The provider sha1J 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 loca.I. state, and/or federal certification and/or licensure of contractor. 3.14 NOTICE REQUIREMENT Any notice required or pennitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid. to the other party by ~fied mai~ returned receipt requested, to the following: FOR COUNTY FOROONTRACTOR Monroe County Facilities Maintenance G&K Services 3583 S. Roosevelt Blvd. 14720 NW 24th Court Key West, FL 33040 OpaLocka, 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 Contrador to ped"onn 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. 3.15 GOVERNING LAWS This Agreement is governed by the laws of the State ofFIorida. 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 attomey~s fees and costs. 3.16 CONTJNGENCY STATEMENT Monroe County's p.?~ .~OJ-mance and ~biigation to pay und~-'~s ~ntnlct is"crnJ'~g~t upon an annual appro iation by the Monroe County Board i.. ':ounty Commissiouers. ...~~,;, ~-'~.~1: , IN .~ .-;~. "...:. S VnffiREOF the parties hereto have exeOJled this Agreement on the day and date "..J~f~~it-e~~~_~ove in four (4) countcrp~s, each of which shall. without proof or accouming fOf /~lbe,~~(~i-lOOunterpaIts, be deemed an angmal contract ~..=-~ :;-. 'I....~........... ..:: -, .".. (SEAL) . Attest: DANl\"Y L. KOLHAGE, CLERK ByM~Q.. ~~~ Deputy Clerk BOARD OF COUNTY CO.MM1SSlONERS OF ~~9E <<aUNTY. TY/FL9lDA ijJjU ///. ~ By: M'ayor/Chairman Date: o f- IS-d3 (SEAL) . Attest: By: CONTRACTOR .G&KS By: Title: Title: ~N\ By: WITNESs Title: 1tQ..e.T' JJ..~1/..( CONTRACT AMENDMENT (Uniform Service - Public Works Division) TIllS Amendment is made and entered into this 21st day of April, 2004 between the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement between the parties dated January IS, 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 1.89% 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 1000../0 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 1,2004. 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 WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year fir.. ~:iYI1~enabove. . , . ' . (Seal.)' Attest: DANNY L. KOLHAGE. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUN1Y. FLORIDA Bya-.J!~ ITeputy Clelk ~~ Davi P. Rice, yor Pro Tem ~~~ ~ Witness acG\~C0 G & K SERVICES BY.~_ /~1 d~<A ~A. Title RENEWAL AGREEMENT (Unifopn Service - Public Works Division) THIS Renewal is made and entered into this ] 7'h day of December, 2003 between the COUNTY OF MONROE and G & K SERVICES in order to renew the agreement ber~.een the parties dated January ]5,2003 (a copy which is incorporated hereto by reference) as follClws: 1. 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 J, 2004, and temrinate January 31,2005. 3. In all other respects, the original agreement between the parties dated Janumy ISlh, 2003 remains in fuIJ 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 B~'~ D puty Clerk BY..tA&: >n ~ G & K SERVICES By: t2e qD~ /- /" Ap-A-A/r..-h ~P. Title MONROE COUNTY ATTORNEY C5J.2WFORM ROB . WOLfE O~t~IE'!r~lS~~C~~T,Y'TroRr{E\' RENEWAL AGREEMENT (Uniform 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 onDecem.ber 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 urban consumers (CPI-U) for the most recent twelve (12) months available (3.5%) Percentage change in the CPI-U of3.5% 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 1000.10 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. KOUlAGE. CLERK. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA G~ '---~;.. ~;JaL""':'/ Witn h~ By. L~J~ >n ~ :::-; .,:~; c~:-. ~"Tt:.:< .j ~ ...~ :-'1 ~J I ,...,J C,'~ . o' , :&?EE~4;\ i, iviONROE COUNTY ATTORNEY ~: c.r SUZANNE. HUTTON ASSlsrtJ C?QNf ATTORNEY >late 'l ~ ~vdh ~..e Title