Item C07 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person: Dent Pierce, 292-4560
AGENDA ITEM WORDING: Approval of Consent to Assignment agreement with Best Janitorial &
Supplies, Inc., hereafter ASSIGNOR and Miami Janitorial Supplies, Inc., hereafter ASSIGNEE for
janitorial services at the George Dolezal Library- Marathon.
ITEM BACKGROUND: The current second renewal agreement expires May 31, 2014. The County
received notice on or about June 11, 2013 that Best Janitorial & Supplies, Inc. will be "shutting down
operations" and wishes to assign and transfer all rights, title, interest and obligations of the second renewal
contract to Miami Janitorial Supplies,Inc.
PREVIOUS RELEVANT BOCC ACTION: On May 18, 2011, the BOCC awarded the bid and
current contract. On March 21, 2012, the BOCC approved an amendment for additional services at the
George Dolezal Library - Marathon and first option renewal agreement. On May 15, 2013, the BOCC
approved the second option renewal agreement.
CONTRACT/AGREEMENT CHANGES: Effective August 01, 2013, the Assignor assigns to Assignee
all the Assignor's rights,title and interest in the original agreement as amended. Miami Janitorial Supplies, Inc.,
as assignee, will be substituted for Best Janitorial & Supplies, Inc., as assignor. In consideration for such
consent,the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $16,404.00/yr INDIRECT COST: _BUDGETED: Yes X No
$ 1,367.00/month
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
APPROVED BY: County A4 OMB/Purchasing_ Risk Management V
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Best Janitorial & Supplies Contract#
Assignment to Miami Effective Date: 08/01/13
Janitorial Supplies,Inc.
Expiration Date: 05/31/14
Contract Purpose/Description:
Assignment of contract for Janitorial services at the George Dolezal Library Marathon
from Best Janitorial & Supplies, Inc. (ASSIGNOR)to Miami Janitorial Supplies, Inc.
(ASSIGNEE)
Contract Manager: Alice Steryou 4549 Facilities Maint/Stop#4
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 07/17/13 Agenda Deadline: 07/02/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 16,404.00 Current Year Portion: $ $2,734.00
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- $1,367.00/mo.
Grant: $ N/A - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance, utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Re i wer
Division Director 3 Yes❑ No� -7 1 ( 3
Risk Management Yes❑ NodS&� 1
O.M.B./Purchasing g -7`1-13 Yes❑ No0 -� - C3
County Attorney 6 f013 Yes❑ NoO I uVAl00iiSt A l.:!l r la 11 3
I
Comments:
OMB Form Revised 2/27/01 MCP#2
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TO
SECOND RENEWAL AGREEMENT C(Dpr
JANITORIAL SERVICES-GEORGE DOLEZAL LIBRARY-MARATHON
MONROE COUNTY,FLORIDA
THIS AMENDMENT AND RENEWAL AGREEMENT is made and entered into this
day of Mai 2 2013, between MONROE COUNTY (hereinafter "County" or
"Owner"),apolitical sAlbdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, and BEST JANITORIAL & SUPPLIES, INC. ("CONTRACTOR"), a Florida
corporation,whose address is 6900 NW 37th Avenue,Miami,Florida 33147.
WHEREAS, on May 18, 2011, the parties entered into an agreement to provide janitorial
services four (4) days per week for GEORGE DOLEZAL LIBRARY — MARATHON, Monroe
County(hereinafter"Original Agreement"); and
WHEREAS, on September 15, 2011,the County extended the number of days the library is to
be open; and
WHEREAS, on March 21, 2012, the parties hereto did amend the contract to add one
additional day per week of janitorial services at the library, increasing the monthly fee and exercise
the first renewal option,; and
WHEREAS, the parties have found the Original Agreement as amended, to be mutually
beneficial;and
WHEREAS, the parties have found the First renewal Agreement to be mutually beneficial;
and
WHEREAS, in accordance with the terms of the original contract and amendments, the
parties wish to exercise the second renewal option, extending the contract term for one additional
year and increasing the monthly contract cost for the renewal term by 1.7% CPI-U;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,the parties agree as follows:
1. Item 3,Payments to Contractor, subparagraph B shall read as follows:
B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, on a monthly schedule in arrears. 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 One
Thousand Three Hundred Sixty Seven and 00/100 Dollars (1,367.00)per month.
2. Item 4,Term of Agreement, shall read as follows:
In accordance with Paragraph 4 of the Original Agreement, the County exercises
the option to renew the Original Agreement as amended for the second of the two (2)
one-year terms.
This agreement shall commence on June 1,2013 and end on May 31,2014,unless
terminated earlier under paragraph 18 of this Agreement.
The Contract amount may be adjusted annually 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.
3. Except as set forth above, in all other respects, the terms and conditions set forth in the
Original Agreement as amended shall 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) BOARD OF COUNTY
COMMISSIONERS
ATTEST:AMY HEAVILIN, CLERK OF MO OE COUN Y, FLORIDA
By
By �C. .
� sue'
Deputy Clerk Mayor/Chairperson
Witnesses for CONTRACTOR: BEST JANITORIAL& SUPPLIES,INC.
�4.wee' '&
B . /.9 Z
Signature Print Name
Date Address:eggaA!&v.-?'9 �'!//�n�L<<.3v),;7
UA& Telephone Number: 9e6 — SOB s'o 08
f�a
Sigjatumi
Date
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MO E COUNTY RN
D AS
PEDRO J. OR
Date----—
A
A
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AMENDMENT AND RENEWAL AGREEMENT
l fi Q A<
A III? AND ACx h1'T` is m and en into tins
c y of - 2012, between MONROE +C VJ (h er "Co , or
-6caner"),a poh iw subdivision oftlae State ofFlorida,wime address is 1100 Sirmntotl a Key
West, Florida 33040, and BEST JANITORIAL & SUPPLIES, INC. ("CON TRACTOW'), a Florida
corporation,whose address is 6900 NW 37th Avenue,Manii,Florida 33147.
WHEREAS, on May, 18, 2011, the parties e d into an agreement to provide janitorial
services four (4) days per week for GEORGE DOLEZAL LIBRARY — MARATHON, Monroe
Co (hereinafter eat");and
WHEREAS, on September 15,2011,the County extended the number of clays the library is to
be open-, and.
WHEREAS, ies hereto wish to amend the contract to add one additional day per week of
janitorial services at the library w1uch will increase the monthly fee,and
WHEREAS, in accordance with the tomis of the original contract,the parties wish to exercise
the first renewal "on, extending the contract term for one additionalyear and increasing the
monthly contract east for terra by 3%CPI-T.3;
NOW TiffiREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,the parties agree as follows:
1. Item 2,Scope of Work,subparagraph G shall read as halm:
G. Effective April 1, 2012, Janitorial seMces will be 5 days a week,, Monday'through
Friday (excluding holidays), anytime between the hours of 6:03 p.m. Monday,
Tuesday, Thursday and Friday, and 8:00 pm Wednesday, and completion before: the
Library opening time of :30 a:m-
. Item 3,Payments to Contractor,subparagraph E shall read as follows;
R CONTRACTOR shall submit to COLI:l TY invoices with supporting documentatiacoeptaon
bl t€x the Clerk,on a monthly schedule in arrears. AciDeptability to the Clerk is
band 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 sutwd
by the CO TRACTOR's laid as follows: From A 'I 1 2012 through May,31 2012.
the Contract t shall be One Thousand Three Hundred lWe sod xru/1f O
Maras ( 1 .. #) per mouth,.and from 212 y_31I3
the
Contract amount shall be One Thousand ThreeHundred Forty Four and 151100
llars(1 .15)per month.
3. Item 4,Term.ofAgreement,shall read as follows-,
This agreement shall commence 1,2012 and end on May 31,2013, unless
terminated earlierunder paragraph 18 of this Agreement.
The County shall have the option to renew this Agreement for one (I) additional
one-year period at the terms and conditions mutually agreeable to the parties,
exercisable n written notice even at least-30 clays prior to the end of the renewal
The Contract amount shall be adjusted annually 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.
4, Except as set forth above,.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 seats the day and year
fu~st abav&wr tt n.
B OF COUNTY
COIMIIP
ATTEST: DA , KOLHACE, CLERK OF MONTH RIDA
By
Deputy Clerk Mayor/Chairperson
Witnesses for CONTRACTOR. BEST JANITORIAL &SUPPLIES,INC.
By--A - lit
attire Print Name
SiC9�—0 f" Address.
Date Telephone,Number:
Signature
Date
R " 0
t
co
�0
ACRE.&MENT FOR
.TANITOPZIAL SE'P ViC ES-GEOI;GE DOLEZAL I,I iZA1ZI'- ,`,IAf :i".-I.O
l:;ilNROL COUNTY, FLOIZi'/DA
This Agreement is made and entered into this /"r J
_ day of
bzht-een MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivisioWof the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040. and BEST
JANITORIAL & SUPPLIES, INC. ("CONTRACTOR"), a Florida corporation, whose address is
6900 NW 37ch Avenue, Miami, Florida 33147.
WHEREAS, COUNTY desires to provide janitorial services for GEORGE DOLEZAL
LIBRARY -MARATHON, Monroe County, Florida,and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
GEORGE DOLEZAL LIBRARY - MARATHON, Monroe Counw, Florida; and
WHEIZEAS, it serves a legitimate public purpose for CONTRACTOR to provide
Janitorial services to GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County, Florida.
now therefore.
IN CONSIDERATION of the mutual pronhiscs and covenants contained herein, it is
agreed as follows:
1. THE AGRELNIENT
The Agreement consists ofthis document, the bid documents,exhibits, and any addenda only.
2. SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, tools, transportation,services,
and incidentals, to perform all the work necessary in accordance with the specifications, i.e.,
janitorial service. including ail necessary sapplies, egoipnhc;nt, and safety devices required in the
performance oi'sarne for the GEORGE DOLEZAL LIBRARY - MARA'T IJON, located at =2SI
Overseas Hi,,hwav, consisting of approximately 7.028 sf.
A. Restroom Sanitation shall include the following on a daily basis:
i. All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
iii. Stall parlitions 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 will be cleaned, waste disposed, and
disinfCted_
vii. All supplies sh II he ri placed (paper goods.soap, etc.).
`iii. All other work- necessary to maintain a clean end sanitary condition in these
restrooms shall be accornplished,whether it is specifically noted in these specifications or not.
NOTE: GEORGE DOLEZAL LIBRARY - MARATHON has 1 male public restroom with
I toilet and I urinal. I ternale public restroom with 2 toilets. and 1 employee restroom with I
toilet.
Agreement t January 2011
13. All sinks and .-pater fountains outside the restroom aretts are to be cleaned daily.
Water 1)untains arc to lip pulishcd. periodical]\.
C. Genemi Craning shall be completed daily. and should include the follov ing:
i. All tile floors are to be dusted and mopped.
ii. All furniture and furnishings to be dusted and spot cleaned.
iii. Low ledges, sills, rails, tables, shelving. baseboards, etc. to be wiped with a
damp cloth to reduce the amount of dust in the building.
iv. All trash receptacles emptied,and trash can liners replaced.
V. All upholster furniture to be vacuumed.
vi. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as
the Oreck.
D. Weekly janitorial services to include:
i. All �lass partitions, doors, mirrors, windows, etc. to be cleaned and/or
polished.
ii. Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents cleaned.
E. Monthly janitorial services to include:
i- All hieh dusting(i.e. pictures, door frames, air vents,tops of book shelves, etc.)
ii. All walls dusted monthly
iii. All air conditioning vents, supply and return air grilles cleaned.
F. The Contractor shall insure all exterior doors are locked while they are servicing
the building and upon their departure.
G. Janitorial services will be 4 days a week, Tuesday through Friday (excluding
holidays), anytime between the hours of 6:00 p.rn. Tuesday, Thursday and Friday, and 8:00 pm
Wednesday, and completion before the Library opening time of9:30 a.m.
H. 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 time as
specified.
1. 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 a]I keys as issued upon expiration ofthe contract or termination.
J. "she Contractor shall be responsible for the cost of changing locks, etc., for all
keyed secured areas for which the Contractor does not return the keys.
K. The Contractor shall report any problems regarding open doors and/or vandalism to
the Facilities Maintenance Department.
L. Th: Contractor shall provide all supplies necessary for the cleaning pertbrmance of
his %vork under the contract. All supplies, including but not limited to, hand soap, paper to.- els,
toilet paper, and trash can liners, shall be supplied by the Contractor.
M. Additional Services: (Shall be performed once in every three month period, and
shall be included in the bidding price.)
i. Resilient Flooring shall be swept1dust mopped and stripped. After
application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and
,!,
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Agreement 2 January 2011
uniform sheen fir orn will to wall, incl uding corners. The waxed floor shall present a clean
appearance free 11•0!n scuff marks or dirt s:�;ears. FUrni;ure ai?d.,or other equipment moved during!
floor stripping and waxin`shall be returned to their original positions.
ii. Dry Cleaning. Stcam Cleaning" or Shampooing Carpets and Rugs shall be
vacuumed of all loose soil and debris prior to cleaning. and shall be free of streaks, stains and
spots, and shall have a bright uniform color upon completion of dr.' cleaning. steam cleaning or
shampooing.
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in
accordance with the Florida Local Government Prompt Payment 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 invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears. 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 One hundred Ten and nol100 Dollars
(S1,110.00)per month.
4. TERM OF AGREEMENT
This Agreement shall commence on June 1,201], and ends upon May 31,2012_, unless .
terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for tip to an additional two
(2) one year periods at terms and conditions,mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term. Unless the context clearly
indicates othenvise. references to the "term" of this Agreement shall mean the initial term of one
(I) year.
The Contract amount shall be adjusted annually 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.
S. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has; and shall maintain throughout the term of this Agreement,
appropriate licenscs. Proof of such licenses and approvals shall be submitted to the COUNTY
upon request.
6. 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
Agreement 3 January 2011
this Arr reenient. If an auditor employcd by the COUNTY or Clcrk- &termines that monies paid to
CONTRACTOR pursuant to this A�reernent \vere spent Fur purposes riot authorized by this
A�,recment. the CONTR CTOR shall r.pay the monies together with interest calculated purscant
to See. 55.03, FS. running From the date the moni.:s were paid to CONTRACTOR.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall alloly and permit reasonable access to, and
inspection of.all documents, papers, letters or other materials in its possession or tinder 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.
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 harmless from and against (i)any claims.actions or
causes of action, (ii) any litigation, administrative proceedings, 'appellate proceedings, or other
proceedings relating to any type of injury(including death), loss, damage, tine, penalty or business
interruption, and(iii)zov 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 teen of this AGREEMENT, this section will survive the
expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply
with the requirements of this section shall be cause for immediate 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:
WORKERS COMPENSATION AND EMPLOYER'S LiABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with
limits of not less than S100 000.0Q bodily injury by accident, S500.000.00 bodily injury by
disease,and S100,000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
S100,000.00 per occurrence, combined single limit for Bodily injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all
hired vehicles. If single limits are provided, the minimum acceptable limits are S50,000.00 per
R/ 7
Agreement ! 4 January 201 1
person, S100,0('0 00 per occurrence. and S25,00?.00 proreri dawauc. Coyera'e Shall ir.lttde al'.
o•�r,cd Nchicles, all non-ov ned and all hired
COMMERCIAL GLNERAL LIABILITY. Commercial general liability coveraoe Nvith limits cat
liability of not less than S300.000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. If single limits are provided, the minimum acceptable
liinits are S100,000.00 per person. S300.000.00 per occurrence,and S50.000.00 property damage.
The Contractor shall purchase and maintain, throughout the tertn of the contract, EMPLOYEE
DISHONESTY INSURANCE in the minimum amount of$10,000.00 per Occurrence which «ill
pay for losses to County property or money caused by the traudulent or dishonest acts of the
Contractor's employees or its a0ents, whether acting alone or in collusion of others.
MOrbROE COUNTY BOARD OF COUNTY COS ,41ISSIONERS MUST BE NAMED
ADDITiOAAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
CERTIFICATES OF INSURANCE. Original Certificates of insurance shall be provided to the
COUNTY at the time of execution of this Aereetnent 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 (fie 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. It' requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, etnplo}ces,agents and volunteers.
9. :SON-WAIVER OF IMWN-rUNITY
Notwithstanding the provisions of Sec. 768.28, 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 deetned 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 Monroe 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 ivlonroe County.
11. NONDISCRIMINATION
CONTRACTOR agrees 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 to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not Limited to: 1) Title V1 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)
Agreement 5 January 201 t
The At-,e Discri min a:ion Pict of 1975. as amended (:'_ USC ss. 6101-6107) «'hico prohibits
discrinnination or, the basis of age: 5) The Dru-g Abuse Off-ice and Treatment Act of 1972 (PI.92-
25>).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 nondiscrimination on the: basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912. ss. 523 and 527 (42 USC ss. 690dd-3 and 290ce-3), as
amended. relatinn to confidentiality of alcohol and drug abuse patient records; S)Title V111 of the
Civil Rights Act of 1968 (42 USC s. ct seq.). as amended. relating to nondiscrimination in the sale,
rental or financing of housing: 9) Tle 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 COUNTY and CONTRACTOR to, or the subject matter of; this Agreement.
12. ASS LGNINIENT/SUBCON"TRACT
CONTRACTOR shall not assien or subcontract its obligations under this agreement to
others. except in writing and with theprior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shalt be incorporated
by reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this agreement. Unless expressly provided for therein, such approval
shall in no manner or event be deemed to impose any additional obligation upon the board.
13. CO'MPLIANC1; WITH LAW AI\D LICENSE REOUIREYIN TENTS
In providing all services/.goods pursuant to this agreement, CONTRACTOR shall abide by .
all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Compliance with all laws includes, but is not limited to, the,immigration laves 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 Agreerrient.
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
CONfRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire 'no interest. either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes.COUNTY agrees that officers and employees ofthe 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, solicitation or
acceptance of rifts; doing business with one's agency; unauthorized compensation; misuse of
public position. conflicting employment or contractual relationship; and disclosure or use of
certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all
programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends,
supervises, or requires for counseling, assistance: evaluation, or treatment. This provision shall
Agreement 6 January 2011
apply 1vhether or not St!Cll prO',ra n 1s required by sim'GI:. £:i a condition of prohalion. or 1;�
pro ided or. a 4o1unt3ry hitSiS.
COUNTY and CONTRACTO;: warrant that. in respect to itself, it has neitF:-r employed
nor retained an;, company or person, other than a bona tide employee working solely !br 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 owad, or otherwise recover, the full amount of such fee.
commission,percentage, gift, or consideration.
IS. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment
or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
dc;livered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the Following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County Best Janitorial &Supplies, Inc.
Facilities Maintenance Department ATTN: Pedro M. Diaz
3583 South Roosevelt Boulevard 6900 NW 37tt'Avenue
Key West, Fl. 33040 Miami, FL 33147
and
County Attorney
PO. Box 1026
Key West, FL 33041-1026
17. 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 under this contract, nor is CONTRACTOR
authorized to use the COUNTY'S Tax Exemption Number in securing such materials.
CONTRACTOR shall be responsible for any and all t xes, or payments of withholding. related to
services rendered under this agreement.
18. TERMJN ALTION
a. The COUNTY may terminate this Agreement with or without cause prior to the
commencernent of work.
Agreement 7 January 2011
b. 'Iil;-- COUNTY or CONIRACf01' lnav terminate this Agreement for ca'.14:e wii'l
t.�en (7) days n-tice io CONTRACTORZ. CMISC shall constitute <. breach of the obligations of
either party to perforn; the oblinatiorts enunt=rated under this Agreement.
C. Either of the parties hereto may cancel this agreement without cause by gi\ing the
other party sixty (60) days written notice of its intention to do so with neither party,having any
further obligation under the term s of the contract upon termination.
19. GOVERNING LAW VENUE, INTERPRETATION,COSTS,AND FEES
This Agreement shalt be governed by and construed in accordance Nvith 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 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 iv4onroe County, Florida.
20. MEDIATI.ON
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 bein accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
21. SFVERABILITY
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 extent permitted
by lavv, 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.
22. ATTORN E Y'S FEES ANTD 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 pail), or not, through all levels of the court
system.
23. 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 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 COUNTY and
I/J^
Agreement 8 January 2011
No P,�rson 0.7 CnZiTV shall be entiflod to rclv t-.Don the terms. or ;n% of them, of' tI-IS
CONTRACTOR- iny party shall have t.-,e i-i,-,Ilt to seek such n-nicl' or as ina,--, he
providc-d by this Agreemnt or by Florida
24. 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 require(] 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 tinder this Agreement. COUNTY and CONTRACTOR specifically
agree that no party to this Agreement shall be required to enter into any, arbitration proceedings
related to this Agreement.
2 5. BINDING EFFECT
The terms, 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 assip-ns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly auth3rized by all necessary COUNTY and
corporate action., as required by law.
27. CLATNIS 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 ofthis Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to Submission.
28. I'MVILEGES AND IMINIUNITIES
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 limit.,;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 CnIPl0)--eeS Outside the territorial limits of the
COUNTY.
29. LEGAL OBLIGATIONS AND RESPONSTY.mu"rul-'s
This Agrecrn,:nt is not intended to, nor shall it be C01-IStrUed as, relieving any part Ic Tating
entity from nnv obligation or responsibility inlroseJ upon the entity by law e-:cept 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, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent pennitted by the Florida constitution. state
statute, and case law.
Agreement W n Lian'2011
30. c3,:-I FLIANC1C BY NON--PARTIES
�-'o r-rSon or entity° shall be entitled to rely Upon the terns, or any of them. of this
,'Agreement to enforce or attempt to enforce anv third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the COU\, 'TY and the CONTRACTOR acree
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
croup of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, interior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
31. 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.
32. N.O PERSONAL LI ABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member, officer, agent or employee of Monroe Count;' in his or her individual capacity,
and no member, officer, agent or employee of Monroe County shall (fie liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
33, 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 to,ethershall constitute one and the same instrument.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, 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 Aareement.
3-5. PUBLIC ENTITY CRIME INFORMATION STATENIENT
A person or affiliate who has been placed.on the convicted vendor list following 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, m,ay not submit a bid on a contract-Nvith 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 287.017, for
CATf.GORY TWO for a period of 3.6 montlis from the crate of being placed on the convicted
vendor list."
36. PRIVILEGES AND IMMUNITIES
All ofthe 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,
r�
Agreement 10 January 2011 _
v.hen performing their respectiVC EMICIionS L:ndLr this A`,reerrr;nt within the tcrritoriLd Ii ill its o tii<,
County shall apply to the san7_ do+=rci and c:Ntent tr- the performance of SLICh functions end dudes
of such odlicers. agents, �Iunt��rs. or emplo}e'os oulci& the territorial limits of the Cbunty.
37. MUTUAL REVIEW
This agreement has been carefuliy reviewed by Contractor and the County therefore, this
agreement is not to be construed againsreither party on the basis of authorship.
38. INCORPORATION OF BID.DOCUMF,NTS
The terns and conditions of the bid documents are incorporated by reference in this
contract agreement.
39. 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 tenninated and the
County has no further obligation under the terms of this Agreement to the Contractor beyond that
already incurred by the termination date.
IN WITNESS WHEREOF. COUNTY and CONTRACTOR hereto have executed this
T n the day and date first written above in four O counterparts, each of which shall,
p r accounting for the other counterparts, be deemed sn origina!contract.
i
BOARD 01�COUNTY COMMISSIONERS
L. KOLFIAGE,CLERK OF MON E C qPNT FLOIDA
L �
eputy Clerk Ma at/
Date: Cif%% Date:$
V"itncsses for CONTRACTOR: BEST JANITORIAL d SUPPLIES. INC.
�U Signature of person authorize o
Sial tare leeally bind Corporation
( Date: /`�L1,�J� /_ ? 201,1
Or
Date Print
Address: y//--�1i1 <. 9�
Signature TJ 30�- S�2
Teleph3A$$n..
er
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P erne January ww 11 January 2011
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