Item C08 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 Islamorada Library.
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
Islamorada Library 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: $14,795.04/yr INDIRECT COST: _BUDGETED: Yes X No
$1,232.92/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 Ase OMB/Purcliasin g— Risk Management
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 Islam
orada Library from Best
Janitorial & Supplies, Inc. (ASSIGNOR)to Miami Janitorial Supplies, Inc. (ASSIGNEE)
Contract Manager: Alice Steryou 4549 Facilities Maint/Sto #4
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 07/17/13 Agenda Deadline: 07/02/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 14,795.04 Current Year Portion: $ $2,465.84
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340- $1.232.92/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
at In Needed Reviewer
Division Director '7 Yes[:]No 7ttt �'
Risk Management l 1 f p Yes[]NoQ'
O.M.B./Purchasing -)-I-) Yes[:]No0 '7-1 -
County Attorney C01J*6 !3 Yes❑No® a"
Comments:
OMB Form Revised 2/27/01 MCP#2
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SECOND RENEWAL AGREEMENT
JANITORIAL SERVICES-ISLAMORADA LIBRARY
MONROE COUNTY,FLORIDA
THIS AMENDMENT AND RENEWAL AGREEMENT is made and entered into this
15-4-4 day of Kt4 2013, between MONROE COUNTY (hereinafter "County" or
"Owner"), a political kubdivision 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, the parties hereto did on May 18, 2011 enter into an agreement to provide
janitorial services four (4) days per week for ISLAMORADA LIBRARY, Monroe County
(hereinafter"Original Agreement"); and
WHEREAS, the Board of County Commissioners did on September 15, 2011 extend the
number of days the library is to be open
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 Two Hundred Thirty Two and 92/100 Dollars(1,232.92)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 MONROE COUNTY,FLORIDA
BY�ct^"•'•"G By ,C• .tea• �^'V
Deputy Clerk Mayor/Chairperson
Witnesses for CONTRACTOR: BEST JANITORIAL& SUPPLIES,INC.
� e By �CrD�ro /"�• DMA 2
Signature Print Name
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Address: /�� 3
Date
Telephone Number:
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Signatut
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AmMmENT AND RENEWAL AGREEMENT i
JANITORIAL SI+RVICES-ISLAMORADA LIBRARY O
MONROE COUNTY, I+LORIDA
2cTH1S AMEN3MET tl RENEWAL AGREEMENT is made and entered into this
day of , 2012, between MONROE COUNTY (hereinafter "Cautity:= or
"Owner"),a political subdivision of the State of Florida, whose address is 1100 Simonton Street,Ivey
West, Florida 33040, and BEST JANITORIAL & SUPPLIES, INC. ('CONTRACTOR'), a Florida
corporation,whose address is 6900 NW 37th Avenue,Miami, Florida 33147.
WHEREAS, the parties hereto did on May 18, 2011 enter into an agreement to provide
,janitorial services four (4) days per week for ISLAMOR.ADA LIBRARY, Monroe County
(hereinafter"Original Agreement'' ; and
WHEREAS, the Board of County Commissioners did on September 15, 2011 extend the
number of days the library is to be open
WHEREAS, parties hereto wish to amend the contract to add one additional day per week: of
janitorial services at the library which will increase the monthly fee;and
WHEREAS,in accordance:with the terms of the original contract, the parties wish to exercise
the first renewal option, extending the contract term for one additional year and increasing the
monthly contract cost for the renewal term by 3% CPI-U;
NOW THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree as follows:
l. Item 2, Scope of Work, subparagraph O shall read as follows:
G. Effective April 1, 2012, Janitorial services will be five (5) days a week, Monday
through Friday (excluding holidays), anytime between the Hours of 5:00 pm on
Tuesday, and 6:00 p.m. Monday, Wednesday, Thursday and Friday, with completion
before 9:30 a.m.
2. 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. From April 1, 2012 through May 31,,
2012, the Contract amount shall be One Thousand One Hundred Seventy Seven
and uo11100 Dollars (S1,177.00) per month., and from.Lune 1. 201.2 through May 31
2013, the Contract amount shall be One Thousand Two Hundred Twelve and
31A00 Dollairs.(I,212.31)per month.
3. Item 4,Term of Agreement,shall read as follows:
This agreement shall commence on April 1, 2012 and end on May 31, 2013,unless
terminated earlier under paragraph 18 of this Agreement.
The County shall have the option to renew this Agreement for one (1) additional
one-year period at the terms and conditions mutually agreeable to the parties,
exercisable upon written notice given at least 30 days prior to the end of the renewal
term.
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
Urbati Conqurners 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. 1=:xeept as set forth above, in all other respects, the -terms acid conditions set forth in the
Original Agreement remain in full force and effect.
Ili'1l 'fiC-IL1.Et3 } the parties hereto have set their hands and seals the day and year
first give itteia.
(SEAL) BOARD OF COUNTY
CC)Mw"SSloNrj S
ATT S `-- l i r' 1 . T��. LH .Gl , CLERIC OF MC3NR , CCU �Y,FLORIDA
�. , By
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Depwy Clerk Mayor/Chairperson
Witnesses for CONTRACTOR: BEST JANITORIAL&.SUPPLIES,INC.
Byr
Si � e Print Name �
Address. &`' &44 ,
Date Telephone Number: - xs!�E
Signature
Date
AS TO
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AGREEMENT FOR
JANITORIAL SERVICES- ISLAMORADA LIBRARY
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this / day of _ 2011,
between MONROE COUNTY_ FLORIDA (-COUNTY"), a political subdivisi 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 371h Avenue. Miami, FL 33147.
WHEREAS, COUNTY desires to provide janitorial services for ISLAMORADA
LIBRARY, Monroe County. Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
ISLAMORADA LIBRARY, Monroe County, Florida;and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to ISLAMORADA LIBRARY, Monroe County, Florida, now therefore.
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
only. The Agreement consists of this document. the bid documents, exhibits, and any addenda
2. SCOPE OF THE WORT{
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 all necessary supplies, equipment, and safety devices required in
the performance of same for the ISLAMORADA LIBRARY, located at 2331 Overseas
Highway, Islamorada. Florida, consisting of approximately 5,699 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 partitions damp cleaned.
disinfected. All commodes., urinals, basins and vanities shall be scoured and
V. All urinal traps shall be specially cleaned and disinfected.
disinfected. vi. All sanitary napkin receptacles will be cleaned. wasle disposed, and
vii. All supplies shall be replaced (paper goods, soap,etc.).
viii. All other work necessary to maintain a clean and sanitary condition in these
restroorns shall be accomplished, whether it is specifically noted in these specifications or not.
NOTE: ISLAMORADA LIBRARY has I male public restroom with I toilet and 1 urinal.
and I female public restroom with 3 toilets.
Agreement 1 January 2011
13. All sinks and water fountains outside the restroom areas are to be cleaned daily.
Water fountains are to be polished periodically.
C. General Cleaning shall be completed daily, and should include the following:
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.
the Oreck. vi. All carpeting shall be vacuumed with a powerful HEPA vacuum, such as
D. Weekly janitorial services to include:
i.polished. All glass partitions. doors, mirrors, windows. etc, to be cleaned and/or
ii. Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents cleaned.
G. Monthly janitorial services to include:
i. All high 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 thru Friday (excluding
holidays), anytime between the hours of 8:00 pm on Tuesday, and 6:00 p.m. Wednesday.
Thursday and Friday, with completion before 9:30 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.
►. 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 of the contract or lermination.
J. The 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. The Contractor shall provide all supplies necessary for the cleaning performance
of his work under the contract. All supplies, including but not limited to, hand soap, paper
towels,toilet paper. and trash can liners, shall be supplied by the Contractor.
M. Additional Services: (Shall be perforated once in every three month period. and
shall be included in the bidding price.)
Hgreemeni 2
Jattuary 201 I
i. Resilient Flooring shall be swept/dust mopped and stripped. After
application of three coats of wax, areas shall be buffed sufficiently for maximum gloss and
uniform sheen from wall to wall, including corners. The waxed floor shall present a clean
appearance free from scuff marks or dirt smears. Furniture and/or other equipment moved
during floor stripping and waxing shall be returned to their original positions.
ii. Dry Cleaning, Steam 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 dry cleaning, steam cleaning or
shampooing.
3. PAYMENTS TO CONTRACTOR
A. COt1N1Y'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 it 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 hid as follows: Nine Hundred Ninety-Five and no/10 Dollars($995.00) per
month.
4. TERM OF AGREEMENT
This Agreement shall commence on June 1, 2011, and ends upon May 31, 2012, unless
terminated earlier under paragraph 19 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up 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 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 U.S. Department of Commerce Consumer Price. Index (CPI=U) for all Urban
Consumers:as reported bYthe U.S. Bureau of Labor Statistics 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.
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
Agreement 3 January 2011
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 Iour years following the termination
of this Agreement. If an auditor employed by the COU1vTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03. FS, running from the date the monies were paid to CONTRACTOR.
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 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 COUTITY'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, 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, (I3) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C)
CONTRAC'TOR'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(luring the term of this
AGREEMENT_ this section will survive the expiration of the term of this AGREEMENT or anv
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 5100.000.00 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
Agreement 4 January 2011
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
person, $100,000.00 per occurrence, and S25,000.00 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 S300.000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. if single limits are provided, the minimum acceptable
limits are S100,000.00 per person, $'300,000.00 per occurrence, and $ 0,000.00 property
damage.
The Contractor shall purchase and maintain, throughout the term of the contract, EMPLOYEE
DISHONESTY INSURANCE in the minimum amount of$10,00200 per Occurrence which will
pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractors employees or its agents, whether acting alone or in collusion of others.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ONALL 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 Agreement 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, 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. 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 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 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 Monroe 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
`L
Agreement 5 January 201 1
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352),which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 19'12,ss. 523 and 527 (42 USC ". 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records: 8)
Title VIll 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 ot'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. 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 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. COMPLIANCE WITH LAW AND LICENSE RE UIREMMENTS
In providing all services/go)ds 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 laws 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 tenn of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR 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 anv
manner with the performance of services required by this contract, as provided in Sect. 1 12.31 l.
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 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts. doing business with one's agency; unauthorized
Agreement 6 January 2011
compensation: misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONTRACTOR warrant that, in respect to itself. it has neither employed
nor retained any company or person; other than a bona fide employee working solely for it. to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual. or firin, other than a bona .fide employee working solely for iL any fee,
commission, percentage, gift. or other consideration contingent upon or resulting from the award
or making of this.Agreement. For the breach or violation of the provision. the CONTRACTOR
agrees that the COUNTY shall have the,right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover. the full amount of such fee.
commission, percentage,gift; or consideration.
15. 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 ofthis contract.
16. 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: FOR CONTRACTOR:
Monroe County Best Janitorial& Supplies, Inc.
Facilities Maintenance Department ATTN: Pedro M. Diaz
3583 South Roosevelt Boulevard 6900 NtA%371"Avenue
Key West, FL 33040 Miami, FL 33147
and
Monroe County Attorney
PO. Box 1.026
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 taxes, or payments of
withholding. related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
Agreement 7
Januarp 2011
B. The COUNTV or CONTRACTOR may terminate this Agreement for cause with
seven (7) 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 cause by giving the
other party sixty (60) days written notice of its intention to do so with neither party having any
further obligatinn under the term s of the contract upon tennination.
19. GOVERNING 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 or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the ternis or a term of this Agreement by or between any of thern 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.
21. SEVERABILITY
If any term, covenant. condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent.jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest 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.
22. 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 part 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.
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
Agreement 8
January ZOI t
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
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
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 required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
25. 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 assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate action. as required by law.
27. 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'ofthis Agreement, provided that
all applications, requests, grant proposals, and funding solicitations shall be approved by each
party prior to submission.
28. 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.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent
of actual and timely performance thereof by any participating entity. in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
/Il
Agreement 9 January 20 11
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 by the Florida
constitution,state statute, and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms. or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior 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. 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 her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason
of the execution of this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number ol'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.
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 Agreement.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"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, 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 p•lblic 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 January 201 1
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 bid 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 County has no further obligation under the terms of this Agreement to the Contractor beyond
that already incurred by the termination date.
C%.— TNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
A nt e day and date first written above in four (4) counterparts, each of which shall,
ut ccounting for the other counterparts, be deemed an original contract.
G. '. . BOARD F COUNTY COMMISSION FRS
L. KOLI fAGF.,CLERK OF MO TY OIDA
By: ccr!.tiC.. ,tii By.
Deputy Clerk M —�
Date:_ / Date:_
Witnesses for CONTRACTOR: BEST JANITORIAL& SUPPLIES, INC.
Signature of person authorized
!Siaturc legally bind Corporation"
�yy �} Date: �to 1 Z �v//
,a
Date Print Name
Signature -- Address: i`7/phi t_ 331 y
CA
Notary Public- st, a 0 FIOj108u her
Date z My Comm Expires Jan 20.2015 E OU ATTO NEY
Commission I'EE 29047 �C e %t-LED- M
°„ Bonded through Naoonsl Noury.Assn.
PEDRoJ ERCADO
ASSISTANT �i
Agreement 11 Detelanuary 20 1