Item C13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2007 Division: Public Works
Bulk Item: Yes X No Department: Unincorporated Parks & Beaches
Staff Contact Person: John W. King/292-4431
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Culver's
Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key,
Monroe County.
ITEM BACKGROUND: Our current agreement with Culver's Cleaning Company will terminate
October 2007. Bids were opened October 2, 2007 with two respondents.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: new contract
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $24,000.00/annual BUDGETED: Yes X No
($2,000.00/month)
COST TO COUNTY: same SOURCE OF FUNDS: TDC and Unin. Parks & Beaches
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
M E M O R A N D U M
DATE: October 2, 2007
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — October 17, 2007 BOCC Meeting
Approval to Award and Execute Agreement with
Culver's Cleaning Company
Bids were opened on October 2, 2007 for janitorial services and the opening and closing of
Veteran's Memorial Park restrooms.
Two bidders responded: (1) Culver's Cleaning Company bidding $2,000/month; and (2) Great
Maintenance Enterprises, Inc. bidding $1,800/month. After checking corporate status with the
Florida Department of Corporations, Great Maintenance Enterprises, Inc. is currently listed as
inactive; leaving Culver Cleaning Company as the only responsive bidder.
I hereby recommend approval to award bid and execute a contract with Culver Cleaning Company
for the janitorial services at Veteran's Memorial Park and the opening and closing of the Park
restrooms.
JWK/jbw
Enclosures
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2007 Division: Public Works
Bulk Item: 'Yes X No Department: Unincorporated Parks & Beaches
Staff Contact Person: John W. Kin 29�/ 2-4431
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Culver's
Cleaning Company for Janitorial Services at Veteran's Memorial Park Restrooms, Little Duck Key,
Monroe County.
ITEM BACKGROUND: Our current agreement with Culver's Cleaning Company will terminate
October 2007. Bids were opened October 2, 2007 with two respondents.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: new contract
STAFF RECOMMENDATIONS: Approval:
TOTAL COST: $24,000.00/annual BUDGETED: Yes X No _
($2,000.00/month)
COST TO COUNTY: same SOURCE OF FUNDS: TDC and Unin. Parks & Beaches
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH_ 'Year
APPROVED BY: County Atty _ OMB/Purchasing- Risk Management
DOCUMENTATION: Included X Not Required i
DISPOSITION: AGENDA ITEM # C 1 3
Revised 2/05
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MEMORANDUM
DATE: October 2, 2007
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — October 17, 2007 BOCC Meeting
Approval to Award and Execute Agreement with
Culver's Cleaning Company
Bids were opened on October 2, 2007 for janitorial services and the opening and closing of
Veteran's Memorial Park restrooms.
Two bidders responded: (1) Culver's Cleaning Company bidding $2,000/month; and (2) Great
Maintenance Enterprises, Inc. bidding $1,800/month. After checking corporate status with the
Florida Department of Corporations, Great Maintenance Enterprises, Inc. is currently listed as
inactive; leaving Culver Cleaning Company as the only responsive bidder.
I hereby recommend approval to award bid and execute a contract with Culver Cleaning Company
for the janitorial services at Veteran's Memorial Park and the opening and closing of the Park
restrooms.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Culver's Cleaning Co
Contract #
Effective Date:
11/01/07
Expiration Date:
10/31/08
Contract Purpose/Description:
For the Janitorial Services, and the opening
and closing of the Veterans Memorial Park
restrooms.
Contract Manager: Jo Walters
4549
Facilities Maint/Sto 44
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 10/17/07
Agenda Deadline: 10/02/07
COSTS
Total Dollar Value of Contract: $ 24,000.00 Current Year Portion: $ 24,000.00
Budgeted? Yes® No ❑ Account Codes: 147-20503-530-340-
Grant: $ N/A 11 f-7&t)tC- S3ug6,o±$$MINIJ'C-5303
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. i
CONTRACT REVIEW
Changes
Date Out
Division Director
Risk Management
Date In
Jav)
Needed Reviewer
Yes❑ NoET"
Yes[:] N.P/
o !, oq
1 by (a. ))
O.M.B./Purchling
County Attorney
'1Zr-b7Yes❑
b t
No
Yes❑ No�
{a
((/ 47
Comments:
OMB Form Revised 2/27/01 MCP #2
—$rbx
JPiN1TORtAL`SERGICE`SP>rrT€t�A�it7Wv"
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIO&
AGREEMENT
FOR
JANITORIAL SERVICE
VETERAN,'S.MEMORIAL.PAgK RESTROOMS
LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this day of October, 2007, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
CULVER'S CLEANING COMPANY ("CONTRACTOR'), whose address is Post
Office Box 500333, Marathon, Florida 33050-0333.
WHEREAS, COUNTY desires janitorial services be provided for Veteran's
Memorial Park restrooms on Little Duck Key, and
VVHEREAS, CONTRACTOR desires and is able to provide janitorial services
for Veteran's Memorial Park restrooms on LIttle Duck Key; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services Voteran's -Memorial ,Park, 7estrooms on , Little. Duck_ Key, now
therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
I. SHE AGREEMENT
The Agreement consists of this document and its exhibits only.
A., DESCRIPTION
The contractor shall furnish janitorial services, including all necessary
supplies and equipment required in the performance of same, for the rest
room facilities located at Veteran's Memorial Park on Little Duck Key,
Mile Marker 40, Monroe County Florida. The restrooms include one
women's restroom with•three toilets amd one sink; a-men's-restroom with
two toilets, one urinal and one sink; and a handicap restroom with one
toilet and one sink.
Agreement- 1.1 October 2Wf
JANITMIAL6MICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
I The contractor shall be responsible for unlocking the rest room facilities
seven (7) days per week promptly at, 7,30 a.m.
iii. The contractor shall be responsible for locking the rest room facilities
seven (7) nights per week promptly at sunset.
B. WORK FOURS
i. The contractor shall open and unlock all rest rooms (men's, women's, and
handicap) seven (7) days per week at 7:30 a.m.
ii. The contractor shall clean all rest rooms (men's, women's, and handicap)
seven (7) nights per week upon closing, or seven (7) mornings per week
upon opening.
iii. The contractor shall close and lock all required rest room facilities seven
(7) nights per week at sunset.
C. REST ROOM SAMTATION
Rest room sanitation shall include the following services:
i. All floors, concrete surfaces and ramps must be swept with a straw
broom & the loose dirt removed.
ii. Wash and disinfect floor and upon completion, floor is to be
mopped to a damp dry condition.
iii. Stall partitions damp cleaned.
iv. All commodes, urinals, basins and vanities shall be scoured and
disinfected.
V. All urinal traps shall be specially cleaned and disinfected.
vi. All sanitary napkin receptacles shall be cleaned, waste disposed,
and disinfected.
vii. All paper products shall be replaced/replenished, to include toilet
paper, paper towels and sanitary products. Restrooms are
equipped with the Cormatic paper towel and toilet paper
dispensers.
viii. All Cormatic soap Dispensers are to be filled with hand soap.
ix. All slop sink closets are to be cleaned completely each week and
mops, buckets, etc., removed to storerooms after usage.
X. All trash receptacles are to emptied on a daily basis.
xi.All other work necessary to maintain a clean and sanitary condition in
these rest rooms shall be accomplished, whether it is specifically noted
in these specifications or not.
Agreement 1.2 October 2007
JANITORIAL. SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
D. COORDINATION OF THE WORK
i. Contractor shall provide maximum amount of janitorial services with the
minimum amount of interference to rest room occupants.
ii. Coordination of the work with the County area representative shall be the
responsibility of the contractor. The contractor shall perform the work
during hours and times as specified.
iii. Keys shall be issued to the contractor by the area representative at the start
of the Contract. Written confirmation of receipt of keys shall be signed by
the contractor. The contractor shall return all keys as issued upon
expiration of the Contract or termination.
iv. 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.
v. The contractor shall report any problems regarding open doors and/or
vandalism to the Facilities Maintenance Area Representative immediately.
E. PAPER PRODUCTS AND SUPPLIES
L The contractor shall provide all supplies necessary for the cleaning
performance of his work. All supplies, including but not limited to, hand
soap, paper towels, toilet paper, and trash can liners, shall be supplied by
the contractor.
ii. The contractor shall maintain stock in each facility in an amount sufficient
to last through the next cleaning day.
F. INSPECTION OF WORK
i. Random inspections shall be performed by County Representatives from
the Public Works Division administering the contracts.
ii. Deficiencies shall be corrected within a twenty-four (24) hour period of
notification to the contractor. Failure of the contractor to correct such
deficiencies shall result in prorated deduction from the monthly invoice.
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
Mid upon submission of a Proper invoice by CONTRACTOR.
agreement 1-3 October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE-COUNTY, FLORIDA
B. CONTRACTOR shall submit to COUNTY monthly invoices in arrears on or
before the 30 day of the following month in each of the twelve (12) mouths,
with supporting documentation acceptable to the Clerk, If necessary.
Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of
funds. The Contract amount shall be as stated by the CONTRACTOR's bid as
follows: Two Thousand and 401100--Dollars ($2,000,00) per month.
4. U RNI OF AGREEMENT
This Agreement shall commence on November 1, 2007, and ends upon October 31,
2008, unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 60 days prior to the end of the initial term. Unless the
contract clearly indicates otherwise, references to the "term" of this Agreement shall
mean the initial term of one 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.
5. ACCEPTANCE OF CONDTTIONS By CONTRA
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. FIN NCA Ai F,CORASOFCONT#twCTOIt
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 patty to this Agreement or ,their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03, Florida Statutes, running from the date the monies were paid to CONTRACTOR
7• EUBLIG 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
agreement 1�t October2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
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.
1:: 1 1 . :sly
CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongful act of omission of
CONTRACTOR, its employees, or agents.
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 fumish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE:
Where applicable, worker's compensation coverage to apply for all employees at a
minimum statutory limit as required by Florida Law, and Employee's Liability coverage
in the amount of$100, .000.00 bodily injury by accident, $500,000.00 bodily injury by
disease, policy limits, and $100,000.00 bodily injury by disease, each employee.
The Contractor shall purchase and maintain, throughout the term of the contract,
EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $10.000.00 per
Occurrence which will pay for losses to County property or money caused by the
fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting
alone or in collusion of others.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. If single limits are provided, the minimum
acceptable limits are $1 0000.00 per person, $300,000.00 per occurrence, and
$50,000.DD property damage. Coverage shall include all owned vehicles, all non -owned
vehicles, and all hired vehicles.
Agreement 1-5 October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with
limits of liability of not less than $300,000.00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE, Original Certificates of Insurance shall be provided
to the COUNTY within fifteen (15) days of the award of Bid and certified copies
provided if requested. Each policy certificate shall be endorsed with a provision that not
less than thirty (30) calendar days' written notice shall be provided to the COUNTY
before any policy or coverage is canceled or restricted. The underwriter of such
insurance shall be qualified to do business in the State of Florida. Monroe County shall
be named as an additional insured on the Vehicle Liability and Commercial General
Liability insurance. If requested by the County Administrator, the insurance coverage
shall be primary insurance with respect to the COUNTY, its officials, employees, agents
and volunteers.
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
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. NONDISC�ATION
The parties agree 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. The parties agree 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 VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
Agreement 1-6 October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
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 1910 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIR of the
Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
12. ASHOWNTISUBCONTRA( r
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated
by reference into any assignment or subcontract and any assignee or sub shall comply
with all of the provisions of this agreement. Unless expressly provided for therein, such
approval shall in no mariner or event be deemed to impose any additional obligation upon
the board.
13. COMPLIANCE WITH LAW AND DENSE REOLMEIMEN S
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State goverriment, 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
term of this Agreement.
14. DLSCLOSVRE AND CONFLICT OF RUERFST
CONTRACTOR represents that it, its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any 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 of
the COUNTY recognize and will be required to comply with the standards of conduct for
Agreement 1-7
October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
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 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 apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
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 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 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 of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and Band
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
17. TAXES
FOR CONTRACTOR;
Anthony Culver
Culver's Cleaning Company
Post Office Box 500333
Marathon, Florida 33050-0333
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
Agreement 1-8
October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LrrTLE DUCK KEY
MONROE COUNTY, FLORIDA
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. URMINATIQN
A. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
B. The COUNTY or CONTRACTOR may terminate this Agreement for 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.
19. GOVERNING LAW VENLJF� INTERPRETATION CQSM An FE
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. RATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a tern of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County. This Agreement is not
subject to arbitration.
21. SEaRABILITY
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 terns, 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
Agreement t -9 October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
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 party relative to the
onforoemynt or jn. tetpretation 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 DiSVfES OR DIS�EMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
COUNTY and CONTRACTOR. 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 low,
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 EFFECCTT
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 AYD
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
Agreement 9 -10 October 20M
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
28. PRBURGES AND JN04UNITIEES
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.
A LEGAL OBLIGATIONS AND RESPONSIBILITMS
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 Agreement is not intended to, not 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-RELLAKE 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 contemplatedin 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 LIABI iTY
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
Agreement 1-11 October 2007
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
33. MC[ITION IN COL7NTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument.
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.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, each of
which shall, without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
M
Deputy Clerk
Witnesses for CONTRACTOR:
4Lt�L
Signature
atuArel
I01 101 oe,--
Date
Agreement
Pi!
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor Mario Di Gennaro
CULVER' A COMPANY
By: r
S' rson authorized to
legally bind Corporation
Date: _/D--9 0-2
Anth_nnv Culver
Print Name
Address:P0st Office Box 500333
Marathon, FL 33050-0333
305-743-7926
Telephone Number
VMUV
ATTORNEY �' /6 7
JANITORIAL SERVICE SPECIFICATIONS
VETERAN'S MEMORIAL PARK RESTROOMS, LITTLE DUCK KEY
MONROE COUNTY, FLORIDA
Agreement 1-13 October200T