Item C20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21,2012 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person Dent Pierce, (305) 292-4560
AGENDA ITEM WORDING: Approval to exercise the second option to renew the contract with
Culver's Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck
Key, Monroe County.
ITEM BACKGROUND: The current contract with Culver's Cleaning Company terminates October
31, 2012, but provides for one remaining (1) year option to renew.
PREVIOUS RELEVANT BOCC ACTION: On October 20, 2010, the BOCC approved award and
entered into a contract with Culver's Cleaning Company for janitorial services at Veteran's Park
restrooms. On October 19, 2011, the BOCC approved the 1st Renewal Agreement with a CPI-U increase.
CONTRACT/AGREEMENT CHANGES: Contract will commence November 1, 2012 and terminate
October 31, 2013; monthly fee will increase by 3%, the CPI-U at December 31, 2011 from $1,827/mo. to
$1,881.81/mo.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $22,581.72/annual INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS:_ TDC
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
�.� PLL
APPROVED BY: County Atty OMB/Purc asing Risk Management flk
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Culver's Cleaning Co
Contract #
Effective Date: 11/01/12
Expiration Date: 10/31/13
Contract Purpose/Description:
Janitorial Services and the opening and
closing of Veterans Memorial Park restrooms.
Contract Manager: Alice Steryou
4549 Facilities Maint/Sto #4
(Name)
(Ext.) (Department/Stop #)
2,
for BOCC meeting on 09,a-9/12
Agenda Deadline: 09/04/12
CONTRACT COSTS
$1,881.81/Mo
Total Dollar Value of Contract: $ 22,581.72 Current Year Portion: $ -0-
Budgeted? Yes® No ❑ Account Codes: 118-78040-530460-TM38141X-530460 (FY13)
Grant: $ N/A - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, s,
CONTRACT REVIEW
Changes Date Out
Date In Needed (� Reviewer
Division Director Yes[:] Nolq`,"
Risk Management �« Yes❑ Nod
� 2N ❑B��4
O.M.B./Put-lingvYes No❑
County Attorney Qj 1 ��Yes[] N
JpV
Comments:
OMB Form Revised 2/27/01 MCP #2
l
SECOND RENEWAL AGREEMENT
(JANITORIAL SERVICES, VETERAN'S MEMORIAL PARK RESTROOMS LITTLE DUCK KEY)
THIS SECOND RENEWAL AGREEMENT is made and entered into this day of
, 2012, between MONROE COUNTY (hereinafter "County" or "Owner"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
CULVER'S CLEANING COMPANY (hereinafter "Culver"), whose address is Post Office Box
500333, Marathon, Florida 33050
WHEREAS, the parties hereto did on October 20, 2010 enter into an Agreement for Janitorial
Service, Veteran's Memorial Park Restrooms, Little Duck Key (hereinafter "Original Agreement"); and
WHEREAS, on October 19, 2011 the BOCC approved a First Renewal Agreement
WHEREAS, the parties have found the Agreement to be mutually beneficial; and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this second renewal
agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the second of the two (2) one-year terms. This term
will commence on November 1, 2012 and terminate October 31, 2013. The contract
amount is adjusted 3% from $1,827.00 per month to $1,881.81 per mouth in accordance
with the percentage change in the U.S. Department of Commerce Consumer Price Index
(CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and
shall be based upon the CPI-U computation at December 31 of the previous year
2. Except as set forth in paragraph 1 of this First Renewal Agreement, in all other respects, the
terms and conditions set forth in 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)
ATTEST: DANNY L. KOLHAGE, CLERK
20
Deputy CIerk
Witnesses for CONTRACTOR:
Sign tore
Date
Signature
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
CULVER' LEANING COMPANY
By
Print Namef��.
COPY
FIRST RENEWAL AGREEMENT
(JANITORIAL SERVICES, VETERAN'S MEMORIAL PARK RESTROOMS LITTLE DUCK KEY)
19�IS FIRST RENEWAL ;AGREEMENT is made and entered into this �-day of
M. 2011, between MONROE COUNTY (hereinafter "County" or "Owner"), a political
subdivision of. the State of Florida, whose address is 1100 Simonton Street, Key West, Florida ,33040, and
CULVER'S CLEANINGCOMPANY (hereinafter "Culver"), whose address is Post Office Box
500333., Marathon,' Florida 33050
WHEREAS, the parties hereto did on October 20, 2010 enter into an Agreement for Janitorial
Service, Veteran's Memorial Park Restrooms, Little Duck Key (hereinafter "Original Agreement"); and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial;; and;
WHEREAS, the parties find that: it would be mutually beneficial to enter into this first renewal
agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,; the parties agree as follows:-
1 . In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on November 1, 2011 and terminate October 31, 2012. The contract amount is
adjusted'1.5% from $1,800.00 per month to $1,827.00 per month in accordance with the
percentage change in the U.S., Department of Commerce Consumer Price Index (CPI-U) for
all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and 'shall be based
upon the CPT-U computation at December 31 of the previous year
2. Except as set forth in paragraph 1 of this First Renewal Agreement, in all other respects, the
terms and conditions set forth in 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)
ATI' T DANNY L. KOLHAGE, CLERK
Y
Deputy Clerk
Witnesses for CONTRACTOR:
SignatuYe
Date
I� L(QuW . (� �
Signature
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROI9 COUNTY, FLORIDA
CULV9R'WttANING COMPANY
Print Name �•' = /—`
E COUNTY O �1'
STANT C NTY ArroANEY
Date. C( Z Z /
AGREEMENT FOR JANITORIAL SERVICE
VETERAN'S MEMORIAL PARK RESTROOMS
LITTLE DUCK KEY, MONROE COUNTY, FLORIDA
This Agreement is made and entered into this�d day of October, 2010, between:
MONROE COUNTY,'FLORIDA {"COUNTY"), a'political subdivision of the State of Florida,
whose address is 1 100 Simonton Street, Key West, Florida. ,33040, and CULVER'S CLEANING
COMPANY,. Anthony Culver, Owner ("CONTRACTOR"), whose address is Post Office Box,
5.00333:, Marathon, FL 33050'033,3.
WHEREAS, COUNTY desires janitorial services be provided for Veteran's Memorial
Park restrooms on little Duck Key, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services for
Veteran's Memorial Park restrooms on Little. Duck Key; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services Veteran's Memorial Park restrooms on Little Duck Key, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda
only.
2. SCOPE OF THE WORK.
A. DESCRIPTION
i. The contractor shall. furnish janitorial services, including all necessary supplies and
equipment required in the performance of same,, for the rest room facilities located at Veteran's
Memorial Park on Little Duck Key, Mile Marker 40, Monroe County Florida. The restrooms
include one women's restroom with three, toilets and, one sink; a men's restroom with two to
one urinal and one sink; and a handicap restroom with one toilet and one sink.
U. The contractorshall be responsible for unlocking the rest room facilities seven (7)
days per week promptly -at 7:30 a.m.
iii. The contractor shall be responsible:for locking the rest room facilities seven (7)
nights per week promptly,at sunset.
B. WORK HOURS
i. The contractor shall open and unlock all rest rooms: (men's, women's, and
handicap) seven (7) days per week at 730 am.
H. The contractor shall clean all rest rooms (men's, woixmen's, and handicap) seven
(7) nights per week, upon closing, or seven (7) mornings per week upon opening.
in. The contractor shall close and lock all required crest room facilities seven. (7)`
nights per week at sunset.
Agreement i August2010
C. REST ROOM SANITATION: Rest room sanitation shall include the following
services:
All floors, ;concrete surfaces and ramps must be :swept with a straw broom & the
loose dirtremoved.
ii. Wash and disinfect floor and upon completion, floor is to be mopped to a damp
dry condition,
I.U. Stall partitions,damp cleaned.
iv. All commodes, urinals, basins and vanities shall be scoured and disinfected.
v. All urinal traps shall be specially cleaned and disinfected.
vi. All sanitary napkin receptacles shall, be cleaned, waste disposed, and disinfected;
vii. All paper'products shall be replaced/replenished, to include toilet paper, paper -
towels, and sanitary, products. Restrooins are equipped with the Cormatic paper towel and toilet
paper dispensers.
viii. All Cormatic soap Dispensers are to be filled with hand soap.
ix'. All slop sink. closets are, to be cleaned.completely'each week and mops, buckets;
etc. .removed to storerooms after usage.
x. All 'trash receptacles ate to emptied on a daily basis.
xi'. All other work necessary to maintain z clean and sanitary condition in these rest
rooms shall be accomplished, whether it is specifically noted in these specifications or not.
D. COORDINATION OF THE 'wow
i. Contractor shall provide maximum amount of janitorial services with the
minimum amount of interference to rest room, occupants.
ii. Coordination of the work with the County area representative shall be the
responsibility of the. contractor. The contractor shall, perform the work during hours and times as
specified.
iii. Keys shall be issued to the contractor by the area representative at the start of the
Contract. Written confirmation of receipt of keys shall be signed by the contractor. The
contractor shall return all keys as issued upon expiration.ofthe Contract orteimination.
iv. The contractor shall be responsible for the cost of changing locks, etc.,, for all
keyed:seeured areas for which the contractor does not return the keys.
v The contractor shall report any problems regarding open doors and/or vandalism
to the Facilities Maintenance Area Representative immediately.
E. PAPERPRODUCTS AND SUPPLIES
is The contractor shall provide ;all. supplies necessary for "the cleaning performance
of his work. All supplies, including but not limited to, hand soap, paper towels, toilet paper, and
trash can liners, shall be supplied by the contractor.
i. The contractor shall maintain stock in each facility in an amount sufficient to last
through the next cleaning day.
Agreement 2 August 2010'
F. INSPECTION OF WORK
i'. Random inspections shall be performed by County Representatives from the
Public Works Division administering the contracts.
ii. Deficiencies shall be 'corrected within a twenty-four (24) hour period of
notification to the contractor. Failure of the contractor to correct such defciencies shall result in
prorated deduction from the monthly invoice.
3 PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to to
P g pay under this agreemen is
contingent; upon annual appropriation by the Board of County Commissioners. COUNTY shall
pay in accordance with the Florida Local Government PromptPayment Act; payment will be
made after delivery and inspection by COUNTY and upon submission of a proper invoice by
CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY monthly invoices in arrears on or
before the 30" day of the following, month: in each of the- twelve (12) months, with supporting
documentation acceptable to the, Clerk, if necessary: Acceptability to the 'Clerk is based on
,generally accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of funds. The Contract amount shall be: as stated by the CONTRACTOR's bid
as follows: ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS (S1;$00.04)
per. month,
4. 'TERM OF AGREEMENT
This Agreement shall commence on November I, 2010, and ends upon October 31,
2011, unlewterminated earlier -under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) one year periods at terns and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 60 days prior to the end of the initial term. Unless the contract
clearly indicates otherwise, references to the- "term" of this Agreement shall mean the initial term
of one (1) year.
The Contract amount shall be adjusted annually in accordance with .the percentage
change in the US. Department of Commerce Consumer Price Indcx (CPZ U) for all Urban
Consumers as reported by the U.S. Bureau of Labor StatistIics,and ;shall be based upon the CPI-U
computation, at. December 31 of the previous year:
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals -shall be submitted to the COUNTY
upon request:
Agreement 3> August-2010
G. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, , records, and documents directly pertinent to
performance under'this Agreement in accordance with 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, Florida Statutes; running from 'the date the monies were paid to
CONTRACTOR.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit, reasonable access to 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 6y 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 provisioxi by
CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements' prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY ,and the COUNTY's
elected and appointed officers and employees harntless from and against (i)` any claims, actions
or, causes of action, (10 any, litigation, administrative' proceedings, appellate proceedings; or other
proceedings relating to any type of injury (including death),, loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees.
during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents; sub -contractors or other "invitees;_ or(C)
CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms
of this AGREEMENT, except to the extent the claims, actions, causes of action,, litigation,
proceedings, costs or expenses arise from the intentional, or sole negligent acts or negligent acts
in part or omissions of the. COUNTY or any of its employees, agents, contractors or invitees
(other than CONTRACTOR). Insofar as, the claims, actions, causes of action, litigation,
proceedings,, costs or expenses relate to events or circumstances that occur during the term of this
AGREEMENT, this section will survive the expiration of the,term of this AGREEMENT or any.
earlier termination of this AGREEMENT.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where
applicable, worker's compensation coverage -to apply for all employees at n irumurn statutory
limit as required by Florida Law, and Employee's Liability coverage in the amount of.
Agreement 4 August'2010
$100.000. 00`bodily injury by accident, $500 000.0 bodily injury by disease, policy limits, and
$100:000.0 bodily injury by disease,, each employee.
The Contractor shall. purchase and maintain, throughout the term of the contract;
EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $10 000:00. per
Occurrence which will pay for losses to County property or money caused by the fraudulent or
dishonest acts of the Contractor`s employees or its agents, whether acting alone or in collusion of
others.
COMPREHENSIVE AUTOMOBILE VEHICLE- LIABILITY INSURANCE: Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$10000R00' per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. If single limits are provided, the minimum acceptable limits are $100 000, 00
per. person, L300 000. 00 per, occurrence, and $50 060. 00 property damage. Coverage shall
.include all owned vehicles, all non -owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of
liability of not less than 1300, 000. 00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
MONROE COUNTY SHALL RENAMED AS AN ADDITIONAL INSURED ON .ALL
POLICIES EXCEPT WORKER'S COMPENSATION.'
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY within fifteen (15) days of the award of Bid and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall 'be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. Monroe County shall be named as an additional insured on the Vehicle Liability and
Commercial General Liability insurance. If requested by the County Administrator, the
insurance coverage shall be primary insurance with respect to the COUNTY, its officials,
:employees, agents and volunteers.
9. NON' -WAIVER OF IMMUNITY
Notwithstanding. the 'provisions of Sec. 75$28, Florida Statutes; the participation of
COUNTY and 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 Agreement entered into by the COUNTY be required to contain any ;provision for
waiver;
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the 'Board of County Commissioners of MQw0e County. No
statement contained in this .agreement shall be construed so as to find CONTRACTOR or any, of
his employees, subs, servants, or agents to be employees of the Board of County Commissioners
of Monroe County.
Agreement 5 August2010'
ll NONDISCIuIVIINATION
CONTRACTORAgree& 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. CONTRACTOR agrees w comply
with Iall Federal and Florida statutes, and all local ordinances; as applicable,- ;relating to
nondiscrimination. These include but are not limited to: I) 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 USC ss. 6;101-61107) which
prohibits discrimination on "the basis of age;, 5) The Drug Abuse Office and'Treatment .Act of
1972 (PL 924255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse I and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616),=as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 191.2, ss. 523 and 527 (42 USC ss. 690dd-3 and.
290ee-3), as amended, relating to confidentiality, of alcohol` and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC 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 'nondiscrimnation 'provisions in, any
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject
matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT`
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, 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 sub 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 additional obligation upon the board.
13 COMPLIANCE WITH LAw AND LICENSE REOUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall;.abide
by alllaws of the Federal and State government, ordinances, rules and, regulations pettaining to,
or regulating the provisions o� such services, including those now in effect and hereinafter
adopted., Compliance with all laws includes, but is not limited to, the immigration Iaws of the
Federal and State government. 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
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the "term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents`` that it its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in any
J4gteement 6' August 2010
manner with the performance of services required by this contract, as provided in Sect, 112311,
et seq., Florida Statutes 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 112313 Florida Statutes, regarding, but not limited to,
solicitation -or or Of gifts doing business with one's agency; unauthorized
compensation; misuse of public position, con
disclosure or use of certain information. flicting employment or contractual relationship; andCOUNTY 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 any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from; the award'
or making, of this Agreement. For the breachor 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 foil amount of such fee
commission; percentage; gift, or consideration.
14. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment oir surety for any contract, debt,, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR, further warrants and represents that it,has as no obligation or indebtedness that
would impair' its: ability to fulfill the terms of this contract.
15: NOTICE REQUIREMENT
Any, notice required or permitted under this agreement shall be in writing and hand
delivered. or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to -the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 333040
and
Monroe County Attorney
Post Office Box 10276
Key West, FL 33041-1026
FOR CONTRACTOR:
Anthony Culver, Owner
Culver's Cleaning Company
Post Office Box 500333
Marathon, FL 33050-0333
16. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying
sales tax to its suppliers for materials used to :fulfill its obligations ur►der this contract, mar' is
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible: for any and all_ taxes, or payments of
withholding, related to services rendered under this agreement.
Agreement 7 August 2010
17. TERMINATION
A. The. COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
B. The COUNTY or :CONTRACTOR may terminate this Agreement for causewith
seven (1) days notice to .CONTRACTOR. Cause shall constitute a breach of the obligations of
either party to perform the obligations enumerated under this Agreement.
C. Either of the parties hereto may cancel this agreement. without causex by giving the
other party sixty (60) days` written notice of its intention to do 50.
19.. GOVERMNG LAW . VENUE INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to agreements made and to be performed entirely in the State.. In the
event that any cause of action of administrative proceeding is instituted for the enforcement or
interpretation of this Agreement,; the COUNTY and CONTRACTOR agree that venue will lie mi
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
19. MEDIATXON
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: Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and ;usual and customary procedures required by the circuit
court of Monroe County, This Agreement is not subject to arbitration.
20. SEVERABIhI,rff
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 courtof 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 extent
_permitted by law unless the enforcement, of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent 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.
21. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any 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 'in both trial and appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
Agreement 8 August 2010
22, 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 COUNTY and
:CONTRACTOR. 'If the :issue or issue& are still not resolved to the satisfaction, of COUNTY and
CONTRAC`I'QR, then any party shall have. the right to seek such relief or remedy- as may be
provided by this Agreement or by Florida law.
23. 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 parity, 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, specifically'
agree that no party td this Agreement shall be required, to enter into any arbitration proceedings;
related to this Agreement.
24.. BINDING :EFFECT
Theterms, covenants; conditions, and provisions of this Agreement shall bind and inure
'to the benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
25. 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 bylaw.
26. 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.
27. 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 shall 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_.
'28. LEGAL OBLIGATIONS AND RESPONSIBILITIES -
This Agreement is not intended to,nor shall it be construed a$; relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent
Agreement '9 AuguSt Olb
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; authorizing the delegation of the
constitutional or statutory duties of the COUNTY,, except to the extent permitted bythe Florida
constitution, state statute, and case law.
29. NON'-RELIANCK Y 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, eritity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
Purposes contemplated in this Agreement.
30. AT .STATIONS
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.
31. NO PERSONAL. LIABILITY
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 herrindividual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason
ofthe;execution of this Agreement.
32. 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 signing any:such counterpart;
33. SECTION HEADINGS
Section headings have 'been inserted in this Agreement as a matter of convenience of
reference only, and .it is -agreed than such section headings are not a part; of this Agreement and
will not beused in the I interpretation of any provision of this Agreement.
3&
"A person or affiliate who has been placed on .the convicted vendor list fallowing ,a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Construction 'Manager,
supplier; subcontractor, or consultant .under a contract with any public entity, and may not
transact;' business with any public entity in excess of the threshold amount provided in Section
Agreement 10 August 2010
287.017, for CATEGORY TWO for'a period of 36 months from the date of being placed on the.
convicted vendor list,"
36 MUTUAL.REVIEW
This agreement has been carefully reviewed by Contractor and the County 'therefore, this
agreement is not to be construed against either party on the basis of authorship
37. INCORPORATION OF BID,DOCUMENTS'
The terms and conditions of the bide. documents are incorporated by reference in this
:contract agreement.
38 ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the County
funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and
the Countyhas no further obligation- under the terms -of this Agreement to the Contractor beyond
that already incurred iby the termination date
NESS WHEREOF, COUNTY and CONTRACTOR :hereto have executed this
clay and date first written above in four (4) counterparts, each of which shall,.
A'counting: for the other counterpaarts, be deemed an original contract:
BOARD OF COUNTY COMMISSIONERS
KOLHAGE; CLERK OF MONROE CO , FLORIDA
By:.
Mayor
:Date:... oCT 2 4 2OtO.
WITNESSES for CONTRACTOR:
Signature
Date
Date: OCT 2 Q M3
CULVER'S CLEANING COMPANY
Signature of person authorized to
legally bind Corpor tion
Date; 9/2/ /!O
Print Name
Address: dd '
Telephone Number
Agreement 11 August, 20I 0