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1st Amendment 12/19/2001 MARATHON AIRPORT TERMINAL AMENDED CLEANING CONTRACT THIS AGREEMENT, made and entered into this ~ay of b U[J/1~~ ,2001, by and between MONROE COUNTY, FLORIDA, party of the first part (hereinafter sometimes called the "Owner"), and Gail Holley d/b/a Birds of Paradise Cleaning Service, party of the second part (hereinafter sometimes called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF THE WORK The Contractor shall provide janitorial services, required in the performance of same, and perform all of the work described in the Specification entitled Janitorial Specification for the Airport as Exhibit A attached hereto and incorporated as part of this contract document. THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per week in arrears basis. The Contractor shall invoice the County weekly for janitorial services performed under the Specifications contained herein. The Contract amount shall be as calculated by the contractors proposal as follows: $395 per week. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. TERM OF CONTRACT/RENEWAL A. This contract shall be for a period ~ o~_b.e.r -1- ,2001 and terminating on of one (1) year, commencing on C>(!..~~P1 3\ ,2002. B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. Increases in the contract amount during each option year period shall be extended in the succeeding years. HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlines on the attached for identified as Exhibit B INDEPENDENT CONTRACTOR A t all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ASSIGNMENT The Contractor shall not assign this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board and Contractor may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the contractor. COMPUANCE WITH THE LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes ordinances, rules and regulation shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an .X" on the attached form, Exhibit C, each attached hereto and incorporated as Exhibit C as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. FUNDING AV AILABIUTY In the event that funds from Airports Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board by written notice of termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. PROFESSIONAL RESPONSIBIUTY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licenser of contractor. 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 Marathon Airport 9400 Overseas Highway Marathon, FL 33050 FOR CONTRACTOR Birds of Paradise P.O. Box 501856 Marathon, FL 33050 CANCELL.ATION A. The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. NESS WHEREOF the parties hereto have executed this Agreement on the day . st above written. BOARD OF COUNTY COMMISSIONERS OF MONROE C UNTY, FLORIDA By BIRDS OF PARADISE CLEANING SERVICE ~?JwL Witnesses r~ c::s c::> ......., '- J> :z:: o C'J =~ l> ;0 ~:':: c;l C'") :.L: Cq;; _; c-> . r- a ("'). S~::~ ........0 -in. :<,-j:Z: "):> ...., C') ~ rrr o u; jdairportMAPclean -.I :t> :::J: "'TJ r /"T1 CJ "'TJ o ::0 ::0 ,." ("") o ;.0 o . ... EXHIBIT "A" .~ .... JANITOR SERVICES SPECIFICATIONS With reference to the Florida Keys Marathon Airport terminal, 9400 Overseas Highway, Marathon Florida 33050, provide janitorial services for the entire terminal building inside and under the canopies outside, as follows. DAILY INSIDE Clean I st floor bathrooms twice a day before 10:00 a.m., and after 2:00 p.m. Empty and clean as necessary, all trash cans (1 st floor and manager's office). Sweep the entire 1st floor. Clean 2nd floor bathrooms once a day before opening hours. Mop floors as needed for spot clean-up. Wipe off and clean lounge furniture as needed. Wipe walls as needed. DAILY OUTSIDE Empty and clean all trash cans. Empty ash stands. Pick-up litter as necessary on walkway in front of Airport. Sweep and clean up walkways and curbs as needed (front). Wipe off benches, mailboxes, etc., as needed WEEKLY INSIDE .~ Mop entire 1 st floor. Wipe off and polish wood benches as needed. Wipe off and polish wood handrails. Wipe off and polish stainless steel items. \ Vacuum all chair cushions and lounge seats as needed. Dust and clean A TM, Advertising brochure racks, Pay telephones, Mounted fish, Display cases, etc. Vacuum stairs, 2nd floor hallway, and manager's office suite. Clean, dust, and sweep out elevator. Dust and clean all window sills 1 st and 2nd floors. Dust and clean furniture in manager's office suite. Vacuum all chair cushions in manager's office suite. WEEKLY OUTSIDE Sweep and clean 2nd floor outside back deck. Sweep and clean behind airline office and bag claim belt. Wash 1 st floor glass at front two entry doors daily , both departure gates and all windows with accordion storm shutters. MONTHLY Wash all 2nd floor glass windows and doors inside and out. Wash inside of all glass windows with Bahama storm shutters. Dust and clean baseboards in manager's office suite. OTHER Maintain inventories of cleaning supplies. Coordinate ordering with ,manager's office. Windows outside every 6 months. Shampoo 2nd floor carpets and stairway as needed. Dust and clean overhead soffits as needed. Water indoor plants and oversee their care. .\ SPECIAL EVENTS Police and cleanup as needed during and after Airport Terminal special events. .... \ EXHIBIT "B" ... \ Apr-19-01 09:22A Risk Management 305 295 4364. P.Ol =EA.~R OF UABJLITV 4ND MEDJC".AL CLAIMS FOR INDIVrnu WHO VOJ.UN1'EER OR PAR.TICIPANT IN ACTIVrTlES UN M NROE COUNTV OWNWJCONTROLLED LAND .. In consideJUtion Of~. participation in un activity on land owned or controlled by The Munroe County 80' of County Cnmmissioners, T agree thai. r am engaging in said activity at my own ri It I further stipulate that J hereby waivc~ reJeu.,e, indemnify and hold harmless, Monrp., County DOCe from any and all claims fOr bndily injury, (including d&u1th), pClflonaJ injury, and pro~rty damaac. (including property owned by Monroe Cuunty). ~ any other losses. damnges, and expenses, (iDcJuding attomey's fees), which arise 0* o1~ in connection with, or by reason of the use of Cuunty owncdJconln)llcd proPerty. Localion of Activity Florida Keys Marathon Airport Name of Activity: Cl P-i'ln i n9 of Airoort Date of Activity:. On r.:ni ng Name ofPanicipant: Date: ... \ EXHIBIT "e" -~ .... '';ORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YY) 10/13/2000 " (305)743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION rnvul./Cl:R (305)743-0494 Keys Insurance Agency of Monroe County, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 500280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marathon, Fl 3305010280 INSURERS AFFORDING COVERAGE INSURED Ga, 1 Ho I I ey INSURER A: lloyds of london PO Box 501856 INSURER B: Marathon, Fl 33050 INSURER c: - INSURER D: I INSURER E' COVERAGES ~ .1 THE POLICIES OF INSURANCE'LlSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ,. .. ..i{jL~U:S. AGGkEUA-iE LiMiTS S..1u"Vi" aviAY HA\,.E iJ:::E:~ R2uUC[D 3',' ~A:D CLA:rv~c. '~M TYPE OF INSURANCE POLICY NUMBER I P~kf~~MM/DD/YY'1 DATE IMMIODIYVY LIMITS GENERAL LIABILITY ~INOER 089004 10/13/2000 10/13/2001 EACH OCCURRENCE $ 100,00 !Xl COMM::RCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,00 I I CLJ"MS MADE [!] OCCUR MED EXP (Anyone person) $ 5,00 A i PERSONAl & ADV INJURY $ 100,00 GENERAL AGGREGATE $ 200,00 GEN'L AGGREC,ATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 100,00 I n PRO- nLOC . POLICY JECT AUTOMOBILe LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ . ANY AUTO - AlL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY r-- (Per accident) $ NON-OWNED AUTOS r-- f--- - PROPERTY DAMAGE S ~P.l;lr a~i~'E'!"'t) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ :J OCCUR 0 CLAIMS MADE AGGREGATE $ $ =i DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IU~~- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ EL DISEJ.'SE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ OTHER . .'~~'ON:Ulli n~:RtT''"'~t~lf CCftTttr.'C"'\!C''''Jr, Es,,!:'''''''r .f"n~ICt Ar.-!"'", t'V'~;'I~""aC'r:"'''C'tT'C!:''O::~:^1 'J~"'I"C!"lnr,'&" . . ~dditionai -insured: M'oiiroe -Cou-n'ty-"'Boarc(cl'f' to,in.iy.~toimii'5"siorie-r-s-- . , CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED ~WCANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING MP WILL ENDEAVOR TO MAIL Monroe County 30 DAYS WRITTE~OTlCE CATE HOLDER NAMED TO THE LEFT, - 7 Bgard of County COllll1issioners BUT FAILURE TO MAIL S ~~OSE NO OBLIGATION OR LIABILITY PO Box 1680 OF ANY KIND UPON THE ~P~ AG S OR REPRESENTATIVES. Key West, Fl 33040 AUTHORIZED REPRESENT~ /' I --- ACORD 25-5 (7/97) @ACORD CORPORATION 1988 Jan-12-01 09:53A Risk Management 305 295 4:3b4 r-..LI~ 19M IJdIdDcl .... MONROE COmn'Y, nORmA Requat For Wmer 01 WlU"llllaI .....,....0 . . 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