Item C04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2009 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person: John W. King, 292-4431
AGENDA ITEM WORDING: Approval to exercise the first option to renew the contract with
Dependable Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal
Library, Marathon, Florida
ITEM BACKGROUND: On May 31, 2009, the current with Dependable will terminate. In
accordance with Paragraph 4 of the original contract dated May 21, 2008, the Owner has the option to
renew the contact for two additional one-year periods. This renewal will exercise the first option to
renew.
PREVIOUS RELEVANT BOCC ACTION: On May 21, 2008, the BOCC approved award of bid
and execution of a contract with Dependable Janitorial & Building Maintenance, Inc. for janitorial
service at the George Dolezal Library, Marathon, FL
CONTRACT/AGREEMENT CHANGES: Renew janitorial service contract to commence on June
1, 2009 and to expire on May 31, 2010; an increase in cost by the CPI-U of .1% from $520.00 per
month to $520.52 per month and from $6,240.00 per year to $6,246.24 per year.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6,246.24/annual INDIRECT COSTS: BUDGETED: Yes X No _
COST TO COUNTY: same SOURCE OF FUNDS: ad valorem
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 #
M E M O R A N D U M
DATE: March 23, 2009
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — April 15, 2009 BOCC Meeting
Exercise First Option to Renew
Janitorial Services for George Dolezal Library, Marathon
Dependable Janitorial and Building Maintenance, Inc.
The agreement with Dependable Janitorial and Building Maintenance, Inc. for janitorial services
will terminate May 31, 2009. Pursuant to Paragraph 4 of the original agreement, the parties hereto
wish to exercise the first option to renew.
The renewal will commence on June 1, 2009 and expire on May 31, 2010; cost will be increased
by the CPI-U of .1% at December 31 of the previous year from $520.00 per month to $520.52 per
month and from $6,240.00 per year to $6,246.24 per year.
I hereby recommend renewing this agreement with Dependable Janitorial & Building
Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon, Florida.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dependable Janitorial
Contract #
Effective Date: 06/01/09
Expiration Date: 05/31/10
Contract Purpose/Description:
Janitorial services for the George Dolezal Library Marathon, Florida
Contract Manager: Jo B. Walters
4549 Facilities Maint/Stop #4
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 04/15/09
Agenda Deadline: 03/31/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,246.24 Current Year Portion: $ 2,082.08
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
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.)
Date In
Division Director 3Aik"I
Risk Management
PJu
O.M.B./PurchasingIr
County Attorney ' �VV
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT REVIEW
Changes
Needed Re i er
Yes❑ No&a'-
Yes❑ No[g-/
Yes❑ No
M /N
Date Out
Z
1ST RENEWAL AGREEMENT
(JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON)
THIS 1ST RENEWAL AGREEMENT is made and entered into this day of
2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC. (hereinafter "Contractor"), a
Florida corporation, whose address is P. O. Box 2456, Key Largo, Florida 33037.
WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement for janitorial and
building maintenance services for the GEORGE DOLEZAL LIBRARY - MARATHON (hereinafter
"Original Agreement"); and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this 1't renewal
agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on June 1, 2009 and terminate May 31, 2010; the amount of $520.00 per month
shall be adjusted 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 at December 31 of the previous year of .1% to be Five Hundred
Twenty and 52/100 ($520.52) Dollars.
Except as set forth in paragraph 1 of this I" Renewal Agreement, in all other respects, the
terms and conditions set forth in the Original Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
LIM
Deputy Clerk
l �} pt=COUN
O
PEE)
a�sls%
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
DEPENDABLE JANITORIAL & BUILDING
MAINTENANCE, INQ,
By 716-Xle!�
Print Name /1/0,e.4
Ad s: T i9• /6-&,/ d ek,
a
Tefth6ne Num r: -c?V -O 0
Py
JANITORIAL SERWCES - GEORGE DOLEZAL LIBRARY - MARATHON
MONROE OOUNTY, FLORIDA
AGREEMENT
FOR JANITORIAL SERVICES
GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
l�
This Agreement is made and entered into this � day �f,,2008,
between MONROE COUNTY, FLORIDA ("COUNTY" ), aical 'vision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC.
("CONTRACTOR'), a Florida corporation, whose address is Post Office Box 2456, Key
Largo, Florida 33037.
WHEREAS, COUNTY desires to provide janitorial services for GEORGE
DOLEZAL LIBRARY - MARATHON, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
GEORGE DOLEZAL LIBRARY - MARATHON, Monnme County, Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County,
Florida, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained hlerem,
it is agreed as follows:
I. THE AGREEMENT
The Agreement consists of this document and its exhibits only.
sitI a vcjf
The Contractor shall furnish all labor, materials, equgm=14 tools, transpmodkm,
services, and incidentals, to poform all the work necessary in acoondarme with the
specifications, i.e., janitorial service„ including all necessary supplies, equnipsnerrt, and
safcty devices required in the pfrmmm of same for the GEORGE DOLEZAL
LIBRARY - MARATHON, located at 3251 Overseas Highway, eonsistmg of
approximately 7,028 s.f.
A. Restroom Sanitation shall include the following on a daily basis:
i. All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
iii. Steil partitions damp cleaned..
Aq�.w 1 FeNMY 2008
iv. All commodes, urinals, basins and vanities shall be scoured and
disinfected.
V. All urinal traps shall be specially cleaned and disinfected.
vi. All sanitary napkin receptacles will be cleaned, waste disposed,
and disinfected.
vii. All supplies shall be replaced (paper goods, soap, etc.).
viii. All other work nary to maintain a clean and sanitary condition
in these resbxK mast shall be accomplished, whether it is specifically
noted in these specifications or not.
NOTE: GEORGE DOLEZAL LIBRARY • MARATHON has I male
public restroorn with I toilet and I urirml, I female public restroom
with 2 toilets, and I employee restroom with I toilet
B. All sinks and water fountains outside the restroom areas are to be cleaned
daily. Wager fouitains 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. Law 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 vacurnned.
vi. All carpeting shall be vacuumed with a powerful HEPA vacuum,
such as the (hek.
D. Weekly janitorial services to include:
i. All glass partitions, doors, mirrors, windows, etc. to be cleaned
and/or policed.
ii. Obvious scuff marks shall be removed from resilient flooring.
iii. All door vents cleaned.
E. 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.
AWSOMt 2 FeNusy 2008
F. The Contractor shall insure all exterior doors arc locked while they are
servicing the building and upon their departure.
G. Janitorial services will be 4 days a week, Tuesday through Friday
(excluding holidays), anytime between the houus of 6:00 pan. and
completion before the Library opening time of 10:00 a.m.
FL Coordination of the work with the Canty area wive shall be the
responsibility of the Contractor. The Contractor shall perform the work
during hours and time as specified.
T. 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.
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 andior
vandalism to the Facilities Maintenance Department.
L. The Contractor shall provide all supplies necemmy for the cleaning
Peribmuum of his work under the contract. All supplies, including but
not limitod to, hand soap, paper towels, toilet paper, and trash can firms,
shall be supplied by the Contractor.
M. Additional Services: (Shall be perforrmed once in every three month
period, and shall be included in the bidding price.)
L Resilient Flooring shall be swepVdust mopped and stripped. After
application of three coats of wax, areas shall be buffed mdrwiently
for mwwnwn gloss and uniform sheen fimm wall to wall, including
cornets. The waxed floor shall present a clew appearmce free
from scauff marks or dirt an>mm Furneurc and/or other equipment
moved during floor stripping and wsoung shall be rehrraed to their
original positions.
I Dry Cleaninn& Sicann Ckanin, or Shampooing Carpets and Rugs
shall be vacuumed of all loose soil and debris prior to cleaning,
and shall be free of streaks, stains a W spots, and shall have a
bright uniform color upon completion of dry cleaning, steam
cleaning or shampooing.
�it; tiff:. "U
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual app opriation by the Board of County Gm m moners.
AWaWMW 3 February 200E
JANITORIAL SERVICES — GEORGE OOLEZAL LIBRARY - MARATHON
MONROE COUNTY. FLORIDA
COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act; payment will be made after delivery and inspection by COUNTY and upon
submission of a proper invoice by CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
docem cat. - acceptable to the Ciesrk, on a monthly schedule in arrears. Acceptability
to the Clot is based on ge ntrally act accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be
as shod by the CONIRACTOR's bid as follows: Five Hundred twenty and no/100 —
DoIlars (MO-0) per moth 06,M.00 per year).
4. 1M QE A
This Agreement shall comnxxnce on Jenne 1, 20M and ends upon May 31, 2M, unless
wrntWated 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 tams and conditions mutually agreeable to the parties, exercisable
upon written notice given at le w 30 days prior to the end of the initial team. Unless the
context clearly wdicafts odnexwise^, references to the "term" of this Agreement shall mom
the initial term of one (1) year.
The Contract amount small be adjusted am a dly in acemlanee 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 tabor Stdistim and shall be basted
upon the CPI-U eornpattion at December 31 of the previous year.
CONTRACTOR has, and shall mabdain throughout the tam of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY upon requesL
J IXI ua! V 01 11 '.40"A + Z n ' e+0a all I ;FIT" it
CONTRACTOR shall mamtam all books, records, and documents directly perfinent to
performance under this Agreement in accordance with generally aooepled accounting
principles consistently applied. Each party to this Agreement or their auntborsaed
represendtives 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 for years following the termination of this Agreemea . 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 togetbor wi#h inbdnst, ca kuh ted pauXant to Sec.
55.03, FS, running from the date the meanies wee paid to CONTRACTOR.
AWsmawt 4 FeWuery 2W8
7. ruplic Acum
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection ot; all documents, papers, letters or other materials in its possession or under
its control subject to the p ovisions of Chaps 119, Florida Stattaes, and made or
received by the COUNTY and CONTRACTOR in conjtmution with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by
CONTRACTOR-
' L11LIk."t i r
CONTRACTOR covenants and agrees to mdeamify and hold harmkw Monroe County
Board of County Commissioners from any and all claims for bodily irijur'y (including
deidh), pwsonal mjury, and ply dump (mchuding property owned by Monroe
Cry) and any other lossm damagm and mWenses (icludmg attorney's fives) which
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongfhl 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 furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE.
Where applicable, coverage to apply for all employees at a min urn statutory limits as
required by Florida Law. In addition, the CONTRACTOR shall obtsm Employers'
Liability Insurance with limits of not less than $100 000,QQ bodily injury by accident,
Ss041N ," bodily injury by disease, and $LQU&W bodily hijury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor
vehicle liability irmnace, inehulmg appliW* no-fault coverage, with lid of liability
of not less than SI00.00011f1 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 $ per person, $100,000,QQ per occurrence~, and S2S (IO A
properly 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 kns duo-LMMM per oocu rrum combined single limit for
Bodily Injury Liability and Property Dmage Liability. If single limits are provided, the
AWOW W 5 Febm wy 2m
• • t•MAU •
minimum acceptable limits am $100.000 00 per person, $300,000.00 per occurrence, and
$MA . property damage.
The Contractor shall purchase and maintain, throughout the term of the corrtract,
EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $LUW oQ per
Occurrence which will pay for louses 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.
MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
GFFIVEMAL LIABHJ"AND VEHICLELJ BIL177EOLICIES
CERTMCATBS OF INSURANCE. Original Certificates of insti auee shall be provided
to the COUNTY at the time of execution of this Agreement and certified copies provided
if raque sWd. 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 insurancie with respect to the COUNTY, its
officials, employees, agents and volunteer.
9.
Notwithstanding the provisions of Sec. 769.28, 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
histw mce 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
con am any provision for waiver.
I �,j_� _r� .. �.__11... �1..�1....1_t F. T, R. fu...a.
At all tithes and for all purposes under this agreement CONTRACTOR is as 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 fired CONTRACTOR or
any of his ernpdoyees, subs, servarrts, or agents to be employm of the Hoard of County
Commissions of Monroe County.
The parties agree that there will be no discrimination agairLst any person, and it is
expressly understood that upon a dekrmin a ion by a court of competent jurisdiction brat
discrimination has occurred, this Agreement automatically termites without arty further
action on the part of any party, effective the daft of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances. as appliuuW
relating to nondiscrimination. Then include but aura not limited too: l) Title VTI of the
Civil Rights Act of 1964 (PL W352), which prohibit diimimimbTon in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education
APSWMW a FahmMy 2lOtt
JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
Amendment of 1972, as amended (20 USC §§ 1691-1693, 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),
which pn*ibits 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 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290eo-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VM of the
Civil Rights Act of 1969 (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 fivm time to time, relating to
rhondiscxitnination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article V1, which prohibits discrimination on the basis of race, color, sex,
religion, fiartional origin, ancestry, sexual aril gander 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 ot; this Agreement.
CONTRACTOR shall not assign or subomtract its obligations under this agreement to
others, except in writing and with the prior written approPval of the Board of County
Cohnmiamoners of Monroe County, which approval shall be subject to such condition
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 agreermeht. Unless expressly plrcrvided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
In providing all services/goods pursue* to this agreeham t, CONTRACTOR shall abide
by all laws of the Federal and State government, arm, rules and regulations
pig to, or regulating the Provisions of, such mvices, including those now in effect
and hachu kv adopted. Compiiamoe with all laws includes, but is not limited to, the
immigration laws of the Federal and State govammert. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
Shall entitle the Board to ter nhvft this Agent. CONTRACTOR shall possess
proper licenses to perform work in accordwhee with these specifications throuhghout the
term of this Agreement.
14. PuKaMURE AM..QQMgXL.QR 20MRF.4'i'
CONTRACTOR represents that it, its directors, principles and eamployees, presently have
no interest and shall acquire no interest, adhor direct or indirect, which would conflict in
7 Fdnwy 2W8
JAWTOR(AL SERWCES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
any manner with the puf rmance of services required by this contract, as provided in
Sect. 112311, ea. 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 112313, Florida Statutes,
regarding, but not limited to, solicitation or adduce of gifts; doing business with one's
agency; unauthorized comp s; 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 inter it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requmes for counseling, assistance, evaluabon, or treat nit.
This provision shall apply whether or not such program is required by stntute, as a
condition of probation, or is provided on a voluntary basis.
COUNTY and CONTRACTOR want that, in respect to itself, it has neither employed
nor retained any cry or person, other than a barns fide employee worlciing solely for
it, to solicit or secure re 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 sad, at its discreti to offiet from
monies owed, or odwwise moovear, the Putt amount of such fee, commission, paw
gilt, or consideration.
CONTRACTOR shaft not pledge the COUNTY'S credit or make it a guarantor of
payment or surely for any conhact, debt, obligation, judgment, liem, or any form of
indebitedness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the tams of this con1rw.
Any notice required or Permitted ureter this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, retnuined receipt
requested, to the following•.
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
and
County Aft o niey
PO. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
Dependable Janitorial dt Building
Maintenance, Inc.
Post OfF= Box 2546
Key Largo, Florida 33037
AWMWNPA 8 Fe6nwey 200E
JANITORIAL SERVCM - GEORGE aOLEZA . uaw+rtY - MARATHON
MONROE COUNTY, FLORItaa
DANWA, -= !---
COUNTY is exempt firom payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY' S exemption fi n
paying sales tax to its suppliers for materials used to fiillHll its obligations under this
contract, not is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such nadexials. CONTRACTOR shall be responsible for any and all
traces, or payments of withholding, related to services rendered under this agreement.
18. TERAMATION
a. The COUNTY may terminate this Agreement with or withal 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 constitubo 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 frnther obligation under the teen s of the contract upon termination.
19. GOVERNING LAw_ VzIII w- wrrRPRJETA77[nN_ [`Rit7"!C_ ■Nn 1W11?C
This Agreement shall be governed by and construed in accordance with the laws of the
State of Flores applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or adnninistrative proceeding is instituted for the
enforcement or interpretaban of this Agreement, the COUNTY and CONTRACTOR
agree that venue will He in the appropriate court or before the appropriate administrative
body in Monroe Canty, Florida.
ujln„� r n
The COUNTY and CONTRACTOR agree that, in the event of conflict interpretations
of the terns or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and c w tomay
Procedures required by the circuit court of Monroe County.
If any term, covenant, condition or provision of this Agreement (or the aipplicxtion
thereof to any circumstance or person) shall be declared invalid or unable to any
exbxd by a taut of competent jurisdiction, the remaining berms, covenants, conditions
and provisions of this Agreement, small not be affecbod dmby; and each remam tam,
covenant, condition and provision of this Agreement shall be valid and shall be
enfaocable to the fullest adeat permitted by law urnI= the enfimmuent of the remaining
Avg 9 Fekuwy 20M
terms, covenants, conditions and provisions of this Agreement would prevent the
aceomplishnnent of the original intent of this Agre rnent Tic COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision fiat comes as close as possible to the intent of the stricken provision.
Zj-
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or inteqxetation of this Agreement, the prevailing party shall be entitled to
reasonable attomey's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, mves4gative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
COUNTY and CONTRACTOR agree that all dbpefes and dim shall be
attennp ed to be resolved by meet and confer sessions between reproves of
COUNTY and CONTRACTOR. If no resolution can be agreed upon widda 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 satts&cfion of COUNTY and CONTRACTOR, that any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida. law.
siu�ul 4 , - i e;
In the event any administrative or legal proceeding is instituted against either party
relating to the fornnetion, execution, fit,, 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 odw wtivities related to the
substance of this Agreement or provision of the services under this Agreemmt
COUNTY and CONTRACTOR specifically agree Bret no party to this Agremtoat shall
be required to enter into any arbitration proceedings related to this Agreement.
:j I,! I,-L-. J j �*I
The terms, covenants, eooditions, and provisions of this Agreenerit shall bind and inure
to the beasefit of COUNTY and CONTRACTOR and their respective legal
representatives, fives, successors, sod assigns.
s_ J k.e.... I6I.
Each party represents and warramts to the other that the excautioa, delivery and
Perfornuwce of this Agreement have beat duly audwrixed by all necessary COUNTY
and corporate action, as required by Iaw.
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MOFROE COUNTY, FLORDA
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to finther the purpose of this Agree
provided that all applications, requests, grant proposals, and fimding solicitations shall be
approved by each party prior to submission.
All of the privileges and immunities from liability, omriptions from laws, ordinances,
and rules and pensions and relies; disability, workers' compensation, and other benefits
which apply to the activity of offioen% agents, or employees of any public agents or
employees of the COUNTY, when perform their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the perfo maace of such firrtations and duties of such offices, agents,
vohmteers, or employees outside the territorial limits of the COUNTY.
This Agreement is not mended to, nor shall it be construed as, relieving any participating
entity from any obligartion or responsibility imposed Upon the entity by law except to the
extent of actual and timely perkirum see dxxwf by any participating entity, in which case
the pe Nmance may be offered in satishction of the obligation or reqamibility.
Further, this Agreement is not intended to, nor shall it be eonstrved as, maorizing the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitutiM state statute, and case law.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or allempt to enforce any third -party claim or entitlement to or
benefit of any service or program oafplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agate,
officer, or employee of either shall have the authority to hiform, counsel, or otherwise
indicate that any pautaculw 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.
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime 5takement, an Ethics Statement, and a Drug -Free
wakpince Sbkmcnt-
AWWnwt
1 t FeWuaay 20M
JANITORIAL SERVICES — GEORGE DOLEZAL UBRARY - MARATHON
MONROE COUNTY, FLORIDA
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 Coctnty shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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.
Section headings have been inserted in this Agreement as a in of convenience of
reference only, and it is geed that such section headings are not a part of this
Aft and will not be used in the lion of any provision of this Agreement.
35.
A persat or affiliate who has been pieced on the convict 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 t with a public
entity for the construction or reW of a public building or public work, may not submit
bids on bases of real property W a public entity, may not be awarded or perform work as
a Construction Ma, supplier, subcontractor, or consultant under a contract with any
public entity, and may not trams business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list"
36. DUAL RBVIl1rW
This agreement has been carttlly reviewed by Gotdractor and the County therefore, this
agreement is not to be consbued ap either party on the basis of authorship.
I alr : �+ 1,7.14 i ► 4 • F I I..0N F1171 --A.1
1 A!-' IIti :L1�1 al 1 t 1 t;lam t �1 1 t I.t v !I1 -i I< II •�. t f. J1.1 1 -+I �' II 1
The County's performance and obligation to pay under this agreement is cxritnngent upon
an annual appropriation by the Board of County Commissior►ers. In the cream that the
County finds on which this Agreement is dependent art withdrawn, this Agreement is
AWawaW 12 Feb mwy 2W8
JANITORIAL SERVICES — GEORGE DOLEIAL. LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
terminated and the County has no further obligation under the terms of this Aft to
the Contractor beyond that already incurred by the termination date.
IN WITNESS WHERF.C3F, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date fira written above in four (4) counterparts, each of
which dWL without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL)
Attest: Z L. OLHAGE, CLERK
By:
Deputy Jerk
Date: MAY 2 12008
Witnesses for CONTRACTOR;
BOARD OF powry COMMISSIONERS
OF MOLARUNTY
, FLOIDA
By:
Mayor Charles -sonny" McCoy
Date: MAY 2 12008
DEPENDABLE JANITORIAL &
MO OE COUNT TT RNEY
XEDA&W
EDRO J. ERCADO
ASSISTANT C NTY ATTORNEY
Date
Number
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Av*effWt 13 Feb=" 2008