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09/19/2001 Contract MARATHON AIRPORT TERMINAL CLEANING CONTRACT THIS AGREEMENT, made and entered into this ~ay of ~c&Prt- ;tI16~ 2001, by and between MONROE COUNTY, FLORIDA, party of the first par~ (~rei_ter"1 sometimes called the .Owner"), and Birds of Paradise's Cleaning Service, In&5~ty cri th~ second part (hereinafter sometimes called the .Contractor"). ~~~ ~ ~ O{'"). &- 0 c::-:x: :::0 WITNESSED: That the parties hereto, for the consideration hereinaf~~et farth;:o ~:x: :x rr1 mutually agree as follows: :.,:-i)> z:- C"') r-C).. <:) )> ", :::0 . 0 0 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 of one (1) year, commencing on q /1 9 . 2001 and terminating on q / I 't . 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 At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 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 intotany 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 AVAILABILITY 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 RESPON5IBD.ITY 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 COUNlY Marathon Airport 9400 Overseas Highway Marathon, Fl 33050 FOR CONTRACTOR Birds of Paradise P.O. Box 501856 Marathon, Fl 33050 CANCELLATION A. The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the 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. OF the parties hereto have executed this Agreement on the day en. BOARD OF COUNlY COMMISSIONERS OF MON OE COUNlY, FLORIDA /'/,: ", ,/ .,,' M A:.. V By ~aM c. ~~~ Deputy Clerk By' BIRDS OF PARADISE CLEANING SERVICE ~MO/;U (/ {!I if2{/h- Witnesses jdairportMAPclean APPROVED AS TO FORM A 5 F ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY) 10/13/2000 PRODUCER (305) 743-0494 (305)743-0582 THIS CERTIFICATE'IS ISSUED AS A MATTER OF INFORMATION 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 33050-0280 INSURERS AFFORDING COVERAGE INSURED Ga 11 Holley INSURER A: Lloyds of London PO Box 501856 INSURER B: Marathon, FL 33050 INSURER c: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 AF.FORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ TYPE OF INSURANCE POLICY NUMBER '''ATE'IMM/DDIYYI DATE /MMlDDlYYI LIMITS ~NERAL LIABILITY BINDER 089004 10/13/2000 10/13/2001 EACH OCCURRENCE S 100,000 X COMMERCIAL GENERAL LIABILITY ij)A.=#= _ - FIRE DAMAGE (Any one fire) S 50,000 CLAIMS MADE [!] OCCUR 1... L 3" "" TOO ,)..5,-" ,,:> MED EXP (Any one person) S 5,000 A PERSONAL & ADV INJURY S 100,000 1"-' 200,000 O. GENERAL AGGREGATE S ~,\L\ \ 100,000 GEN'l AGGREnE LIMIT APPLIES PER: '"1\ 'l 0 PRODUCTS-COM~OPAGG S n PRO- n POLICY JECT LOC AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT l- S ANY AUTO (Ea accidant) I- All OWNED AUTOS BODilY INJURY - S SCHEDULED AUTOS (Per person) - HIRED AUTOS BODilY INJURY - S NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE S (Per Rccjdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S =l ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE S :=J OCCUR 0 CLAIMS MADE AGGREGATE S S =J DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND I TORY LIMITS I IUd~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT S EL DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS \dditional Insured: Monroe County Board of County Commissioners CERTIFICATE HOLDER . I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Monroe County 30 ""'" w..m" "~nRCA'" ..,,,,,."""" '" "" ,,", Board of County Commissioners BUT FAILURE TO MAlL1~CH NOTI HALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 1680 OF ANY KIND UPON THE CO , ITS AGENTS OR REPRESENTATIVES. Key West, FL 33040 AUTHOR~DREPRESENT~~ ., ACORD 25-5 (7/97) @ACORDCORPORATION 1988 _.~. . - - - - - - - - -- ~-. --~_..._..- 19M &SIdoll MONROE COUNTY,ILORIDA I I I . . It iJ ,.q1lllWd tbac die ~ reqanmaHl, u spsiftlld m" Caa1y's Sobldulo of~ aequ........ ~ ... or modlfWd all tbajtollDwiDa CGIIIIII:L / .c.o_ R>;:J.1f af)Yf')b!//;.e O/'t"il.h?~ OlatrlClfar. ! _lJ-f/A-I-J,/JhJ Ilfp t1('RJJ I . / AddrcuofC~ !.? t () . MI? ~ b() J?< ~h Requat For WIIiY.... at IJuIU'UClI R8qutnlDeatJ PbDllC: ScGpo of WeD: IJ0 e:f1~Y~~ ~ 13 It- .. - -~ C!lI'Q4)~~J ..... (or Waiwr. 't~v~ . /// PoIW.. Wmv. will....' ar: sJpaan ofC~IZI(. Dara A~ Noa tl, Ll C'--'-r~ r-..~)-e~ =~--- ;. cll;fClf I I RIIk MI,.~ CoalY AdIDiDIIIaIar......: I j A1JPI'D"d: Not Ato(Mv"W: Dace: I : . I i . BoarclofCoUDty~ .".m: ; APVloncl: Not Approved: I M..aal Dae: I t\dIDinIandan laatracdDll : "70'.2 ; (0) . '. Farm W-g Request for Taxpayer Identification Number and Certification . . .. .'..,,~.. Give form to the requester. Do NOT send to the IRS. ~ PlIrill8tllhlp 0 Other ~ - - ....... - --. -... __ __.. __ __'''__ Requeater's name and adclnlSll (optionlIQ Identification Number Enter your nN In the appropriate box. For indMduals, this Is your social security runber (SSN). For sole proprietors, see the instructions on page 2. For other entities. it Is your employer identification number (8N). If you do not have a number, see How To Get. nN below. Note: If the account Is In I7JOI8 than one name, see the chstt on page 2 for guidelines on whose number to enter. CertIfIcation Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identlflcatlon runber (or I am waiting for a number to be issued to me), and 2. I am not subject to baclcup withholding because: (8) I am exempt from backup withholding, or (b) I have not been notified by the Im.nat Revenue Service that I am subject to backup wIIhhoIdIng as a n!IIUIt of a faIIunt to report all Interest or dIvIdencIs, or (0) the IRS ha notified me that I am no longer subject to backup wlthhoIdIng. CertIftc8tton IristructIona.-You must CI'OIS out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding becalM of unc:leneportfllg Interest or dividends on yotI'tax r81um. For ,.., estate transactions. Item 2 c:Ioes not apply. For mortgage Interest peIc:I. the acquisition or ab8IldoIftlMt of sec&nd property. CInC8IIdon of debt. contrtbutIons to an lncIIvIduaI.etb..ment ....1gMlent (IRA). anc:I gener8IIy payments other ttBllnI8reIt anc:I c:IvIdenc:Is, you are not requlrec:I to sign the CertIfIcatIon, but you must provide ycx.r correct TIN. (Also see ~ IU In8InIcIIona on page 2.~ ::1_-d,.~..9) .....~ hi/O' -............. \..;. L - ~ -- ~...-.. _ls _ and ~ llCC<UIls_ Revenue Code. called -b8ckup withholding. - Payments after 1983 only), or Purpae of Fonn.-A person who is that cauId be subject to b8ckup 5. You do not certify your nN. See the requir8d to file an information I'1Ilum with wlthhaIdIng Include Intll'8St. dividends. Part IIIlnstructlons for exceptions. the IRS must get your correct nN to report broker and blIrter exchange transactions. CertaIn nau-. and payments are income paid to you. reel esI8te rwrts, roy&Itfes. nonernpIoyee pay, and _~- transactions, mortgage Interest you p&/d . certain payments from fI8hIng boat exempt from backup wlthhaIdIng and the acquIsttIon or abandonment of ~ . QJB'8toI's. RelIt esI8te tnInsactIons are not Information reporting. See the Part II property. cancellation 01 debt. or subject to backup withholding. instructions and the separate InIIrucIfons contributions you made to an IRA. Use If you give the requester your COI'I'8Ct far the RequMter of Form W-e. Form W-9 to give your correct nN to the TIN, make the proper cerUIIcatIons. and How To Get . nN.-Jf you do not have a requester (the person ~ your nN) report aM your taxable InteNst and nN, apply for one immecJiately. To apply, and. When appJJcabJe, (1) to certify the nN dIvld8nds on your tax reun. your get Form ss.a, Application far . SodaJ you are g/vlng Is COI1'8Ct (or you are waiting payments will not be subject to backup Security Number Card (for 1ndIvtduaJs). for a number to be Issued). (2) to certify withholding. Payments you I'8C8ive will be from your Ioc8J office of the SocIaJ Security you are not subject to backup withholding, subject to backup withholding If: Admlnistratlon, or Form S8-4, AppIcat/on or (3) to claim exemption from backup for Employer Identification tbnber (for withholding if you are an exempt payee. 1. You do not fwonIsh your TIN to the businesses and all other entitles), from Giving your COI'I'8Ct TIN and making the requester, or your local IRS office. appropriate certifications will prevent 2. The IRS ~ the l'8qWSter that you If you do not have a TIN. write _Apptied certain payments from being subject to furnished an irIcOmIct nN, or For'" In the space for the nN In Part I, sign backup w/thhotdlng. 3. The IRS tela you that you are subject and date the form, and give It to the Note: If a I8qU8Ster gives you a form other to backup withhoJdIng because you did not requester. GerwaIIy. you will then have 60 than a W-9 to I8qLI8Bt your 17M you must report aU your InteNst and dividends on days to get a TIN and give It to the use the requester's form If It Is substantJaJ/y your tax reun (for reportable Interest and requester. If the requester does not receive s/mUar to this Fotm W-9. dividends onIy), or your nN within 60 days. backup What .s Backup WIthhokUng?--Persons 4. You do not certify to the requester withholding, if appllcabJe. will begin and making certain payments to you must that you are not subject to backup continue untiJ you furnish your nN. withhold and pay to the IRS 31% of such withholding under 3 above (for reportable Ust account number(s) h.. (optionII) ~ OR For Payees Exempt From Backup Withhotding (See Part II instructions on page 2) . Cat. No. 10231X Fann W-9 (Rev. 3-94)