HomeMy WebLinkAboutItem C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 12/16/09
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of contract with Class Act Cleaning for Janitorial Services at the key West
International Airport.
ITEM BACKGROUND: A RFP for Janitorial Services was advertised. Class Act Cleaning Services was found to be the
most responsive bidder, and were awarded bid.
PREVIOUS RELEVANT BOCC ACTION: Approval of award of bid to Class Act Cleaning Services, October 21,2009
CONTRACT/AGREEMENT CHANGES: New agreement.
STAFF RECOMMENDATION: Approval
TOTAL COST: $210,439.56 INDIRECT COST: n/a BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: None
COST TO AIRPORT: $210,439.56 SOURCE OF FUNDS: Airport Operating Budget
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING: No
AMOUNT PER MONTH /YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
AO
revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Class Act Cleaning Services, LLC
Effective Date: 11/18/09
Expiration Date: 11/17/10
Contract Purpose/Description: Janitorial Services for the Key West International Airport
Contract Manager: Peter Horton
(name)
# 5200
(Ext.)
Airports - Stop # 5
(Department! Stop)
for BOCC meeting on: 12/16/09
Agenda Deadline:
12/1109
CONTRACT COSTS
Total Dollar Value of Contract: $210,439.56
Budgeted? Yes
Grant: No
County Match: None
I Estimated Ongoing Costs: nla
I (not included in dollar value above)
Current Year Portion: -$184,135.00
Account Codes: 404-63001
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No
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CONTRACT FOR JANITORIAL SERVICES
KWIA
THIS CONTRACT (hereafter "Contract" or "Agreement"), made and entered into this
18th day of November, 2009, by and between Monroe County, a political subdivision of the
State of Florida, (hereafter "County"), whose address is 1100 Simonton Street, Key West,
Florida, 33040 and Class Act Cleaning Services, LLC., a Connecticut Limited Liability
Company authorized to transact business in Florida (hereafter "Contractor"), whose address is
2700 Berlin Turnpike, Berlin, Connecticut, 06037. The parties hereto, for the considerations
herein set forth, mutually agree as follows:
1. SCOPE OF WORK. The Contractor shall provide janitorial services at the Key
West International Airport, including all necessary equipment required in the performance of
same, and perform all of the work described in the Specifications (Exhibit A), and his Bid
(Exhibit A-I) attached hereto and incorporated as part of this document. The Contractor shall
insure all exterior doors are locked upon their departure after business hours.
2. CONTRACT SUM. The County shall pay to the Contractor for the faithful
performance of said service on a per week in arrears basis for each of twelve (12) months. The
Contractor shall invoice KWIA weekly for janitorial services performed under the
Specifications contained herein. The Contract amount shall be Seventeen Thousand, Five
Hundred Thirty Six Dollars and Sixty Three Cents ($17,536.63 per month).
3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that he has carefully examined the sites and has
made investigations to fully satisfy himselflherself that such sites are correct and suitable ones
for this work and he/she 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 County than against the Contractor
(and his Surety, if applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the Airport Manager, 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 County shall not operate as a waiver by the County 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 County, 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 County for all damage,
loss, and expense caused to the County by reasons 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.
4. TERM OF CONTRACT/RENEWAL.
a) This Contract shall be for a period of one year commencing on November 18,
2009 and terminating on November 17, 2010.
b) The parties shall have the option to renew this agreement after the first year, for
three additional one year periods. The contract amount agreed to herein may be adjusted
annually, on the renewal date of each year, by a percentage equal to the percentage increase in
the CPI for urban consumers for the preceding calendar year.
c) Should additional service be required at KWIA on a permanent basis, the
additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and
approved by the Airport Manager and by the Contractor.
5. 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.
6. 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.
7. COMPLIANCE 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.
8. INSURANCE. Prior to execution of this agreement, the Contractor shall
furnish to the County Certificates of Insurance for the following coverage:
Workers Compensation - $500,000
Vehicle Liability - $300,000 (CSL)
General Liability - $500,000 (CSL)
Employee Dishonesty - $100,000
9. INDEMNIFY AND HOLD HARMLESS. Notwithstanding any minImum
insurance requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs
or expenses (including, without limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the Transportation Security Administration
or any other governmental agency requires by reason of, or in connection with a violation of any
federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or
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in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or
other invitees on the Airport during the term of this Agreement, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the term of
this Agreement or any earlier termination of this Agreement.
10. RECORDS. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have 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, FS, running from the date the monies were paid to
Contractor.
11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, and FEES.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts 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.
The County and Contractor agree that, in the event of conflicting interpretations of the terms 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.
12. SEVERABILITY. If any term, covenant, condition or provIsion of this
Agreement (or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
13. ATTORNEY'S FEES and COSTS. The 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 interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
3
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.
14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
15. 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.
16. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
17. ADJUDICATIONS OF DISPUTES OR DISAGREEMENTS. County and
Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be
agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
18. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. County and
Contractor specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
19. NONDISCRIMINATION. Contractor agrees that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975; as amended
(42 USC ss. 610 1-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
4
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
may be amended from time to time, relating to nondiscrimination based of disability; 10) Secs.
13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identify or expression,
familial status or age; 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. The Contractor
expressly understands that upon a determination by a court of competent jurisdiction that the
Contractor has discriminated against any person, this agreement automatically terminates
without any further action on the part of any party, effective the date of the Court order.
20. COVENANT OF NO INTEREST. County and Contractor covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict in
any manner or degree with its performance under this Agreement, and that the only interest of
each is to perform and receive benefits as recited in this Agreement.
21. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; .doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
22. NO SOLICITATION/PAYMENT. The 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.
23. PUBLIC ACCESS. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provIsIons of Sec.
768.28, Florida Statutes, the participation of the County and the 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 contract entered into by the County be required
to contain any provision for waiver.
5
25. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the
same degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
26. LEGAL OBLIGATIIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. 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, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the County, except to the extent
permitted by the Florida constitution, state statute, and case law.
27. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
28. 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.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason ofthe execution ofthis Agreement.
30. EXECUTION IN COUNTERPARTS. 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 and any of the parties hereto may execute
this Agreement by signing any such counterpart.
31. 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.
32. 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
6
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.
33. PROFESSIONAL RESPONSIBILITY. 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 licensure of contractor.
34. 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
Airport Director
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL 33040
(305) 292-3518
FOR CONTRACTOR
Class Act Cleaning Services, LLC.
2700 Berlin Turnpike
Berlin, Ct. 06037
Phone (860) 828-8496
Fax _(860) 888-5402
35. CANCELLATION.
a) The failure by the Contractor to comply with all the terms and conditions of
this Agreement shall constitute a defaultlbreach under the terms of this Agreement. Unless the
County has accepted in writing a delay in performance of the duties enumerated in Exhibit A,
the failure by the Contractor to perform said duties shall also constitute a defaultlbreach under
the terms of this agreement. In the event of a defaultlbreach of the Agreement, the County may
cancel this Agreement for cause with seven days notice to the contractor.
b) Except as otherwise provided in this Agreement, either of the parties hereto
may cancel this agreement without cause by giving the other party thirty days written notice of
its intention to do so.
36. AIRPORT SECURITY.
a) General. The federal Transportation Security Administration is the federal agency
primarily responsible for overseeing the security measures utilized by the airport owner
pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted
under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of
the statutes or regulations may result in severe ci viI monetary penalties being assessed against
the airport operator. It is the intent of the airport operator that the burdens and consequences of
any security violations imposed upon the airport operator as a result of actions by an airport
tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the
airport tenant.
b) Airport Tenant Dermed. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport
operator to conduct business on airport property. The term also includes an airport tenant as
7
defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is
an airport tenant.
c) Airport Operator Defined. As used in this Agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees.
d) Airport Property Def"med. Airport property shall mean the property owned or
leased by, or being lawfully used by, the airport operator for civil aviation and airport-related
purposes. For purposes ofthis Agreement, airport property is the property generally referred to
as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e) Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or
tests, including copying records, to determine compliance of the airport operator or airport
tenant with the applicable security requirements of Chapter 49, United States Code, and 49
CFR 1540, et seq.
f) Airport Security Program. The airport tenant agrees to become familiar, to the
extent permitted by the airport operator, with the Airport Security Program promulgated by the
airport operator and approved by TSA, and also agrees to conform its' operations and business
activities to the requirements of the Airport Security Program.
g) Tenant Security Program. If permitted under TSA regulations, the airport tenant
may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49
CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security
Program that is approved by TSA, such program, as may be amended and approved from time
to time, shall be automatically incorporated into this Agreement.
h) Breach of Agreement. Should TSA determine that the airport tenant or one or more
of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted
to act as required, and such act or omission is a violation which results in TSA imposing a civil
penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance
Policy, such determination and imposition of a civil penalty by TSA shall be considered a
significant breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in
TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred by the airport operator, including any
fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or
taking of remedial action measures. If the violation is a third violation, or there are multiple
violations in excess of two violations, that is or are a civil penalty "minimum violation", the
airport tenant shall pay to the airport operator the total costs incurred by the airport operator,
including any fines or penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be
limited to reasonable attorney's fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures; and, further, the airport
8
operator shall have the right to unilaterally cancel this Agreement, such cancellation to be
effective thirty calendar days after receipt by the airport tenant of written notice of cancellation
of this Agreement by the airport operator.
(2). Moderate Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in
TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by
paying to the airport operator the total costs incurred by the airport operator, including any
fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of
remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or
taking of remedial action measures; and, further, the airport tenant may cause all of airport
tenant's employees involved in the airport tenant's business operations on the airport property
to undergo such security training as may be required by the airport operator. The total cost of
the training shall be paid for by the airport tenant. If the violation is a third violation, or there
are multiple violations in excess of two violations, that is or are a civil penalty "moderate
violation", the airport tenant shall pay to the airport operator the total costs incurred by the
airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to
include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the
airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to
be effective thirty calendar days after receipt by the airport tenant of written notice of
cancellation of this Agreement by the airport operator.
(3). Maximum Violation. If the violation is the first violation attributed to
the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the
airport operator the total costs incurred by the airport operator, including any fines and
penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport tenant may cause all of airport tenant's
employees involved in the airport tenant's business operations on the airport property to
undergo such security training as may be required by the airport operator. The total cost of the
training shall be paid for by the airport tenant. Ifthe violation is a second violation, or there are
multiple violations, that is or are a civil penalty "maximum violation", the airport tenant shall
pay to the airport operator the total costs incurred by the airport operator, including any fines or
penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's
fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to unilaterally
cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the
airport tenant of written notice of cancellation of this Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty
actions when the airport operator detects violations, promptly discloses the violations to TSA,
and takes prompt corrective action to ensure that the same or similar violations do not recur.
This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to
9
encourage compliance with TSA regulations, foster secure practices, and encourage the
development of internal evaluation programs. The airport tenant agrees that upon detecting a
violation the airport tenant will immediately report it to the airport operator. Should the TSA
ultimately determine that the violation was committed by the airport tenant, or an employee,
agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of
a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport
operator the total costs incurred by the airport operator in investigating, defending, mitigating,
or taking of remedial measures as may be agreed to by TSA, to include but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking
of remedial action measures. A violation resulting in the issuance of a letter of correction shall
not be considered to be a breach of this Agreement by the airport tenant.
(5). Survival of Sub-Section. This sub-section h) shall survive the
cancellation or termination of this Agreement, and shall be in full force and effect.
i) Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding
any minimum insurance requirements prescribed elsewhere in this Agreement, the airport
tenant agrees to hold harmless, indemnify, defend and release the airport operator, and the
airport operator's elected and appointed officers and employees, from any claims, actions,
causes of action, litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any and all types of injury, including death, loss, damage, fines,
penalties, or business interruption of any nature whatsoever, of or to any person or property in
connection with the use of the airport property under this Agreement, regardless of causation
and including criminal acts of third parties; and especially including any and all fines,
penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation or
additional security measures required to be implemented by any governmental agency
(including but not limited to the Federal Aviation Administration and the Transportation
Security Administration) resulting from a violation of any federal law or federal regulation.
This sub-section shall survive the cancellation or termination of this Agreement.
37. MUTUTAL REVIEW. This agreement has been carefully reviewed by the
Contractor and the County, therefore this agreement is not to be construed against either party on
the basis of authorship.
The remainder of this page has been intentionaUy left blank.
10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of ,2009.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor George Neugent
QQ oU
-<oJ W'
ltnesses
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TItle
11
EXHIBIT' A'
SPECIFICATIONS
JANITORIAL SERVICES - KEY WEST INTERNATIONAL AIRPORT
SCOPE OF WORK:
I. Inside
A. Dailv
Check and clean all glass doors, windows, and window sills.
Check all air conditioning vents and grills. Clean as needed.
New Terminal
Clean Restrooms during peak flight times once (1) every thirty (30) minutes. Other times
once (1) every hour and clean as needed.
Arrival Area
Clean Restrooms during peak flight times once (1) every thirty (30) minutes. Other times
check once (1) every hour and clean as needed. Clean seating and other items.
DeDarture Area
Clean Restrooms during peak flight times once (1) every thirty minutes (30). Other times
check once (1) every hour and clean as needed. Clean seating and other items.
Administration Offices
Clean and vacuum each office, empty trash, dust once (1) every day - Monday - Friday.
Clean Restrooms once (1) every day. Clean windows, window sills, and dust blinds as
needed.
ODS Buildina
Clean Restrooms twice (2) every day.
Restroom Checklist:
Clean mirrors, toilets, urinals, walls, countertops, fill dispensers, mop and disinfect floors.
II. Outside
A. Dailv
Empty all trash cans and remove trash to compactor/dumpster at the end of each shift.
New Terminal. Arrival Area. Deoarture Area
Pick up trash, newspapers and other litter as needed, sweep and clean walkways and
curbs, wipe off benches, empty ashtrays, empty trash cans and remove all trash to
compactor/dumpster, at least two (2) times in the A.M. and two (2) times in P.M., four
(4) times per day.
Airside
Sweep and clean at departure gates two (2) times each day. Pick up trash from baggage
make-up building to Ops building two (2) times each day.
Windows
Clean exterior of windows once (1) per month or as needed
III. Customs and Border Protection Buildina
Clean Restrooms, interior of building, empty trash cans and remove trash to
compactor/dumpster once every week. Specific day/time for services to be performed,
will be determined by Customs/Janitorial Staff.
IV Floor Maintenance Checklist
New Terminal
Strip and wax all floors once (1) every two (2) weeks
Mop and buff floors once (1) every night
Elevator floors - vacuum two (2) times every day
Spot clean as needed
Arrival Area, Departure Area, VCB Building, Elevators
Vacuum two (2) times every day, or as needed
Clean and shampoo carpet once (1) every two (2) weeks
Spot clean spills and stains as needed
These services include the area behind the Rental Car Counters
Clean landing of escalator and stairs
V. Sidewalks
New Terminal, Arrival Area, Departure Area - P.M. - wash down sidewalks once (1)
every day.
VI. Hours
Contractor to provide janitorial service twenty-four (24) hours per day, seven (7) days
per week
Floor Maintenance - Start approximately 11 :00 p.m. And finish by approximately 4:30
a.m.
EXHIBIT 'A - l'
BID
rJdXd
SECTION THREE.
CONTRACT FOR JANITORIAL SERVICES
KWIA
THIS CONTRACT, made and entered into this -2..5.- day of aU\;lusto 2009, by and between
the Board of County Commissioners of MONROE COUNTY (County) and
Class A.ct Cleanina Serv (Contractor). The parties hereto, for the considerations
herein set forth, mutually agree as follows:
1. SCOPE OF WORK. The Contractor shall provide janitorial services at the Key West
International Airport, including all necessary equipment required in the performance of same, and
perform all of the work described in the Specifications (Exhibit A), and his Bid (Exhibit A-I)
attached hereto and incorporated as port of this document. The Contractor shall insure all exterior
doors are locked upon their departure after business hours.
2. CONTRACT SUM. The County shall pay to the Contractor for the faithful performance
of said service on a per week in arrears basis for each of twelve (12) months. The Contractor shall
invoice KWIA weeldy for janitorial services performed under the Specifications contained herein.
The Contract amount shall be 2 10 , 439 , 56 ($ 1 7 , 5 36 , 63per month).
3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that he has carefully examined the sites and has made
investigations to fully satisfy himselflherself that such sites are correct and suitable ones for this
work and belshe 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 constnIed against the County than against the Contractor (and his Surety, if
applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the Airport Manager, and his decision shall be final and binding upon all parties.
c) The passing, approval, andlor acceptance of any part of the work or material by the
County shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and Specifications covering said work. Failure on the part of the Contractor, inunediately
after Notice to correct workmanship shall entitle the County, if it sees fit, to correct the same and
recover the reasonable cost of such replacement andlor repair from the Contractor, who shall in any
event be jointly and severally liable to the County for all damage, loss. and expense caused to the
County by reasons 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.
11
4. TERM OF CONTRACT/RENEWAL.
a) This Contract shall be for a period of one year commencing on
September ,2009 and terminating on September, 209'1 2010
b) The parties shall have the option to renew this agreement after the first year, for
three additional one year periods. The contract amount agreed to herein may be adjusted annually,
on the renewal date of each year, by a percentage equal to the percentage increase in the CPI for
urban conSumers for the preceding calendar year.
c) Should additional service be required at KWIA on a pennanent basis, the
additional specific tasks, and costs for these tasks, will be mutually agreed upon in writing, and
approved by the Airport Manager and by the Contractor.
5. INDEPENDENT CONTRACTOR. At aU 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 hislber employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
6. 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 conditlons 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.
7. COMPLIANCE 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 tenn of this
contract.
8. INSURANCE. Prior to execution of this agreement, the Contractor shall furnish to
the County Certificates of Insurance for the following coverage:
Workers Compensation - $500,000
Vehicle Liability. $300,000 (CSL)
General Liability. $500,000 (CSL)
Employee Dishonesty - $100,000
9. INDEMNIFY AND HOLD HARMLESS. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify
and hold the County and the County's elected and appointed officers and employees hannless from
and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without
limitation, costs of remediation and costs of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other governmental agency
12
requires by reason of, or in connection with a violation of any federal law or regulation, attorneys'
fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to,
or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of
Contractor or any of its employees, agents, contractors or other invitees on the Airport during the
tenn of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its
employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the
obligations that it undertakes under the terms of this lease, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the County or any of its employees, agents, contractors or invitees
(other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs
or expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the tenn of this Agreement or any earlier termination of this
Agreement.
10. RECORDS. Contractor shall maintain aU books, records, and documents directly
pertinent to performance un4er ,this Agreement in accordance with generally accepted a,?counting. .
principles consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of ~ch 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, FS, running from the date the monies were paid to Contractor.
11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, and FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be perfonned 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. The County and Contractor agree
that, in the event of conflicting interpretations of the terms 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.
12. SEVERABILITY. If any term, covenant, condition or provision oftms Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to aoy extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
pennitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
13
13. ATTORNEY'S FEES aod COSTS. The 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 interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, and shal1 include attorney's fees, courts costs, investigative, and out-of-
pocket expenses in appellate proceedings. 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.
14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
15. 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.
16. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that
each shall be, and is, empowered to apply for, seek, and ohtltin federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
17 . ADJUDICATIONS OF DISPUTES OR DISAGREEMENTS. County and
Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and
confer sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
18. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
19. NONDISCRIMINATION. Contractor will comply with all Federal and Florida
statutes, and aU local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681-1683, and 1685 -1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975; as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on
14
the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 88. 523 and 527
(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Sees. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identify or expression, familial status or age; 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. The Contractor expressly understands that upon a detennination by a court of
competent jurisdiction that the Contractor has discriminated against any person, this agreement
automatically tenninates without any further action on the part of any party, effective the date of the
Court order.
20. COVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, aqd ~halJ not acquire any interest, which would conflict in any manner. _
or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
21. CODE OF ETHICS. COWlty agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; arid disclosure or
use of certain information. .
22. NO SOLICITATION/PAYMENT. The 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 finn, 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.
23. PUBLIC ACCESS. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, an4 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.
24. NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the 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 ofimmWlity to the extent
of liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
15
25. PRIVILEGES AND IMMUNITIES. AU of the privileges and immunities from
liability, exemptions from laws, ordinances, and roles 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 perfonning their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent to
the pcrfonnance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
26. LEGAL OBLlGA TIIONS AND RESPONSIBILITIES. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shaH 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 perfonnance 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, nor shall it be construed as, authorizing the delegation of
the constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
27. NON-REUANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce' or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in ~is Agreement.
28. 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 Drog-
Free Workplace Statement.
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County
in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, aU of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
31. 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 beadings are not a part of
this Agreement and will not be used in the interpretation of any provision of this Agreement.
32. 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 tenninated
immediately at the option of the Board by written notice of tennination delivered in person or by
16
mail to the contractor. The Board shall Dot be obligated to pay for any services provided by the
contractor after the contractor has received written notice oftennination.
33. PROFESSIONAL RESPONSmILITY. 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 ofappropriate local, state,
and/or federal certification andlor licenser of contractor.
34. 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
Airport Director
Key West International Airport
3491 S. Roosevelt Boulevard
Key West. FL 33040
(305) 292-3518
F8R CONTRACTOR
lo...c:..s /t<. t ,(18C1il ~j Sy~ LLC.
~ '7uo (~4U L....l\ -7 f IC...
~~l41 C tHD (J ~1
Poo~:' ~
Fax: ;t
35. CANCELLATION.
a) The County may cancel this contract for cause with seven 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) Except for the County's tennination because of non-appropriation in paragraph 32,
either of the parties hereto may cancel tWs agreement without cause by giving the other party thirty
days written notice of its intention to do so.
36. AIRPORT SECURITY.
a) General. The federal Transportation Security Administration is the federal agency
primarily responsible for overseeing the security measures utilized by the airport owner pursuant to
the relevant provisions of Chapter 49, United States Code, and regulations adopted under the
authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes
or regulations may result in severe civil monetary penalties being assessed against the airport
operator. It is the intent of the airport operator that the burdens and consequences of any security
violations imposed upon the airport operator as a result of actions by an airport tenant or the airport
tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant.
b) Airport Tenant Detlned. An airport tenant means any person, entity, organization.
partnership, corporation. or other legal association that has an agreement with the airport operator
to conduct business on airport property. Tbe term also includes an airport tenant as defined in 49
CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant.
c) Airport Operator Defined. As used in this Agreement, airport operator means Monroe
COlUlty, Florida., its elected and appointed officers, and its employees.
d) Airport Property Defined. Airport property shall mean the property owned or leased
by, or being lawfully used by, the airport operator for civil aviation and airport-related purposes.
17
For purposes of this Agreement, airport property is the property generally referred to as the Key
West Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e) Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized persormel, at any time or any place, to make inspections or tests,
including copying records, to determine compliance of the airport operator or airport tenant with
the applicable security requirements of Chapter 49, United States Code, and 49 CPR 1540, et seq.
f} Airport Security Program. The airport tenant agrees to become familiar, to the extent
pemlitted by the airport operator, with the Airport Security Program promulgated by the airport
operator and approved by TSA, and also agrees to conform its' operations and business activities
to the requirements of the Airport Security Program.
g) Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CPR
1542.113. [f the airport tenjplt ,voluntarily promulgates an Airport Tenant Security Program that is. .
approved by TSA, such program, as may be amended and approved from time to time, shall be
automatically incorporated into this Agreement.
h) Breach of Agreement. Should TSA determine that the airport tenant or one or more of
the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act
as required, and such act or omission is a violation which results in TSA imposing a civil penalty
against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy,
such determination and imposition of a civil penalty by TSA shall be considered a significant
breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the
airport operator the total costs incurred by the airport operator, including any fines or penalties
imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising, mitigation, or taking of remedial action
measures. If the violation is a third violation, or there are multiple violations in excess of two
violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the
airport operator the total costs incurred by the airport operator, including any fines or penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising, mitigation, or taking of remedial action
measures; and, further, the airport operator shall have the right to unilaterally cancel this
Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant
of written notice of cancellation of this Agreement by the airport operator.
. (2). Moderate VioJation. If the violation is the first or second violation
attributed to the airport tenant and is a civil penalty "moderate violation'. as provided for in TSA's
Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the
airport operator the total costs incurred by the airport operator, including any fines or penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but 110t be limited to reasonable attorney's fees and costs
18
tt'\f'llU....AA ;... .1._ ~~-~"
(3). Maximum Violation. If the violation is the first violation attributed to the
airpoLi tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement
Sanction Guidance Policy, the-airport tenant may cure the breach by paying to the airport operator" .
the total costs incurred by the airport operator, including any fines and penalties imposed, in
investigating, defending, compromising, mitigating, or talPng of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense. compromising, mitigation, or taking of remedial action measures; and,
further, the airport tenant may cause all of airport tenant's employees involved in the airport
tenant's business operations on the airport property to undergo such security training as may be
required by the airport operator. The total cost of the training shaH be paid for by the airport tenant.
If the violation is a second violation. or there are multiple violations. that is or are a civil penalty
"maximum violation", the airport tenant shall pay to the airport operator the total costs incurred by
the airport operator, including any fines or penalties imposed, in investigating, defending.
compromising. mitigating. or taking of remedial measures as may be agreed to by TSA, to include
but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense.
compromising. mitigation, or taking of remedial action measures; and. further, the airport operator
shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty
calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement
by the airport operator_
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions
when the airport operator detects violations, promptly discloses the violations to TSA, and takes
prompt corrective action to ensure that the same or similar violations do not recur. This policy is
known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance
with TSA regulations, foster secure practices, and encourage the development of internal
evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant
will immediately report it to the airport operator. Should tbe TSA ultimately determine that the
violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the
airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a
civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by
the airport operator in investigating, defending, mitigating, or taking of remedial measures as may
be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred
in the investigation, defense, mitigation, or taking of remedial action measures. A violation
resulting in the issuance of a letter of correction shall not be considered to be a breach of this
Agreement by the airport tenant.
19
(5). Survival oC Sub-Section. This sub-section h shall survive the cancellation
or termination of this Agreement. and shall be in full force and effect.
i) Hold Hannlns; IadelDaiO~atioD; DeCease; Release; SurvivaL Notwithstanding any
minimwn insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees
to hold harmless, indemnify, defend and release the airport operator, and the airport operator's
eJected and appointed officers and employees, from any claims, actions, causes of action,
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any
and all types of injury. including death, loss, damage, fines. penalties, or business interruption of
any nature whatsoever. of or to any person or property in connection with the use of the airport
property under this Agreement. regardless of causation and including criminal acts of third parties;
and especially including any and all fines, penalties, out of pocket expenses. attorney's fees and
costs, and costs of remediation or additional security measures required to be implemented by any
governmental agency (including but not limited to the Federal Aviation Administration and the
Transportation Security Administration) resulting from a violation of any federal law or federal
regulation. This sub-section shall survive the cancellation or termination of this Agreement.
37. MUTUTAL REVIEW. This agreement bas been carefully reviewed by the
Contractor and the County, therefbre this agreement is not to be consbued against either party on the
basis of authorship.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of . 2009.
(SEAL)
ATTEST: DANNY L. KOLBAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor Georce Neageat
CO
By:
This documeat 'Was prepared and approved a8 to form by:
Pedro J. Mercadot Esq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
20
PUBUC ENTIn" CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public wor~ may not
submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CA TEGOR Y TWO for a
period of 36 months from the date of being placed on the convicted vendor list."
By executing below, proposer states that helsh
STATE OF C'C1I\,",~ cJ+\c"w r
COUNTY OF \4~ ~..:,- ~cn'" h..
AUl-l)~ 'J.I--\~~ ~ ~0Cf
DATE
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
'I d A.. r?- Q U'd r-"t.--"-- who, after first being sworn by me, (name of
Individual signing) affaxed bislher signature in the space provided above on this
J. '1 ~ day of ~v~~ , 200~.
(~~:ai)e:ZJ~
My commission expires:
MARTHA J. MILKEY. Notary PublIc
'lAy Commission ~)<.p_ AprlI30. 2011
21
HUu-~4-~W':1 14: 41
CLASS ACT CLEANING
~/OOo Fax Server
8698295<402
P.02....06
H..........JU.H^
~/LO/LUU~ ~:lc AM ~AUe
INSURANCECBECKLI8T
. .... POR.
VEND.ORS 8v:aMrr'fJN"G nopos.u.s
FOKWoiuc
'fo.,5'is(in ~8 deveJopmentofYO:urpmpon!, dLe ittmranceeo"mp's ~ked. with ~ "X-- wiUbe
rcquiml iD the &v. an awar~is ~e to }'OW' :fi~ "I'I.eaJe l'ev\ewthi.!l filrm .with youdc.l1lWlcc
agent and hlllve himlber sign it in thr:plaet: provided. It isda'1sorequited that diueBJ'olltknllign tbe
form and submit it lar.ith eaCf1 proposal. .
WORnllS' COMPENSATION
AND
UOLOYERS' J:.;L\BWTY
wel
VlCl
VIm
WCUSUI
x
Worlr.erJ' Compensation
EmPta)'aS Liibility
:E:.mployel$ Uabil#y
E.:tn~l(l~ Uabtli.iy
USI.:oligsho~&-
H~()rWo-dc<<s Act
pcdeiwl Icm.~^tl
.'
gltMory Limits
S1 OO,OOOlSSOO,OOOlS 100,000
$500I()OOl$SOO.QOOISSOO~OOO
S 1.000..000/$ 1,000,000/$1,000,000
S~iUl E.l;rJployen'
LilbilityoSame iUEmpioyacs'
Li.tii14ty
WCJA
22
U/,~/,VV~ o:~o AM ~AUc
;j/OUc
fax berver
860B295402
HUU-~4-~~~ 14:41
CLASS ACT CLEANING
GENERAL LlABILJTY
As a mWrnl&a\ t~t l'CC{lA~ed ic.neraJUabiltty coverage will iDolude:
· PremiseilOperationS
;,:a1auketCon~
· . Expanded Definitioo
OfPmpertyDamage
rll-...1 . .. ind"~etfid O. rions
C'U!oIl.IiCIS~....t". . .~ .
?en:oaallnjUt)'
.
.
Required Limi~:
GLl
GU
GU
alA
.x
Sloo,ooO pCT PcrilOD;S::'OO;OOO per OOCl),(fC~e
$50,000 :PrOl'erty. Darnllp
or
J300,000Ccm1bin~. Single LirJth
1150,000 plll'Pmon;SSOO.OOOpcr Ooomence
!SO,ooO ?ropcrty 1:1am..
or
SSOO,OOO Ccmibined smzu,Limit
S5()(),OOOpl:l'. Penoo:;Sl,Q()O.OOO per Ocaurrence
S100;000PropertyIlamage
or
S I.O()D.ODO Camhined 8~gfe Limit
SSJOO(),oqQG~~~Singl.* l.i:mit
Required )1odo~cnt:
Underground. eq,l~o.ll and collapse (XCU)
GLXCU .
O.LLIQ
GLS
LiquQrLiability
SWoJrity Scrvi~
AU ~ndo.nlf~menb Areniquired to Mvetbesamelimita uthcbasicpolioy
;13
P. (iJ3/06
RJr":r-24-2009 14:41
U/"-..J/"-UU::;' 0:1.0 1\1"1 !-'1\1It.
86002954ki;,' P. ~4Mh
CLASS ACT CLEANING
':l:/UUO
r dX ,:)t:H Vl::L
nmCULlABlLlTY
As. minimum. coverag~ should I;Xr.end to lialHJityfor:
VLJ
-,,-
R~Uxt:Ue.:
Owned; Non-awned; and hired Vehicles
VL2
VLJ
VIA
BIU
MVC
PRO I
PR02
PRO}
POLl
POL2
POL)
ED)
BD2
-L
GK.l
GK.2
GD
S50~OOO per Penon; $]00.000 per OcCUlTCDOO
$25,000 PrQPeny Duwge
Dr
Sl00,OOO Comhin-edS~e Umit
SlOO.OOOplf Peon;S.lOO.OOOpcr Q~
SSD,OOOPropmy Damt,lfI
or
$3()(}.OOO .Cott.bibod SmgleLim~
-
tS(J()fOOO ~r P~.I1: $..000.000 Pelr ~c~
SI 00,000 .Property oam~ .
Or
S 1 ,000,000 Combi~ccJSin8lc Lim,it
$S.OOO.OOO~mbiJlJlld SingleLimiI
MISCELLANEOUS COVERAGES
~lders'
Risk
MotcJf"~dl
Cargo
Professional
LiabiU.ty
Pol1ution
Liability
filnployet:
DimoDeaty
Garage
K.ec;pers
Umib- equal. to the
.mmpletedprojoo.t
Limits. equAl. to tJuunaximum
vlllue ohny Drle 5hipmcnt
J:1SO.000 pet OceurrencelS SOO,OOO Agg.
S 500.000.per Oeeurrencet$l,OOO.OOO AIS.
$l;OOO~OOOp<<OcGUtt_ctI.$2.,OOO,OOO Agg.
S ~OO.OOOpef Occl,1ttmcelS 1.()OO,OOO Agg.
ll.OOO.OOOprJl' Occum::ncd$ 2,000,000 An.
55,000.000 per ~celSlO.()o{).OOO A,gg
$ 10,000
S 100.000
5 300,000 (S 25,000 per Vch)
S SOO;OOO{SlOOjOOO per Vch)
Sl,Ooo.ooo (S250,OOO per Veh)
24
. .~... .a~.a ,~.\.
U'L.;.)'l.UV~ 0:10 AM I:-'AUt. o/UUo fax berver
roG-24-2009 14: 42
CLASS ACT CLEAN I NG
B6e82954~2 P.~/06
MEOl Mtldica1 S 250,000/5 750.000 ^u-
MED2 ~. P'roremonaJ I 500.0001$ liOOo.OOOAgg.
MED3 - S 1 ,OOO,ooOlSJ ,000;000 Agio
MaD4 S',OOCMlOOl$ 1 O~OOO,OOO Au.
IF JasWlation Maximum value ofEquipmont
Fl~ter lnsraJJ cd
VLPl - HuNdo1lS S 300,000 (Rcqliit'Q. MCS'-90)
VLP2 Ccgo S 500,000 (1lequUaMC&90)
VLP3 TllUlsporter 11,000,000 (Requi.t'm1 MCS-90)
BLL BaJlee Liability Maximum Vllue of Property
HKLl --'- Hangadtcepers $ ,3.()~ pOO
H}{ll liability S SOO,OO()
HKL3 51.000,000
AIR 1 _. Am:n.ft. 11,000.000
AtR2 Liability , 5,O()D~OOO
.A.IR3 UOOOO 000
.111. .-
ABOl - .~.~ S 250.000 pa' OcciurrIUlCClS SOO,OOO Aft.
A.E02 - &. Omissiou $ 5()(),OOO p"t.t" OCClllt'tncrlS 1,000,000 Ag.
AE03 S t ,000,000 per OCClDTencelS3,000,000 Agg.
EOl ---- BngiaHrs Erron S 2S0.000per OOCluna\ceIS ~OO,OOO Aim-
'602 &, Or.riliJsiom S 500.00cperOccnrrenWSI,OOO,OOO Agg.
203 S t ;000;000 pee OoeurfUlCc/$3)OOO;OOO ASS.
2j
~.......r....... ""1'\.
O/UUO
r dX ::J1:H.Vtn
~../G-24"'2009 14:42
CLASS ACT CLEANING
O'L~'LUU~ O:LO A~ ~Au~
B6l?S295~eJ2
P,'6~6
INSURANCE AGENTS sT.,,:r~MENT
I.Q.v~rwiewed.th~~oveteqDimnents wjt,h tber~~t~~ below. ThcrollowiIlg
deductibles apply to tbec:om:spoJlding policy.
POUCY
Ulbl1itypol~~~ are X ~~
~nes AQency... Inc.
IUSUI'u,c:eAguq
D!:DUCl'IBLES
Oa;im~ Ma4e
~.~
.' .D~~~a~..
P'Sl"ONJlItNTS ST ATEl\iiF.Jlft
llJOd~ the insurance. that witt bellua.ndatC)I)' trawardcd th~
with aUtllereq~ts.
~Qdjlll ~dM~~,-q",
~&
ITEM 1
PROPOSAL FORM
TO:MONROE COUNTY BOARD OF COIJNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 1-213
1100 SIMONTON STREET
KEY WEST, J:l'LORIDA 33040
PROPOSAL FROM:
elass Act. C'~aning ~ervi~p 11~
2700 Berlin Tnrnpi leI'!
Berlin CT, 06037
The undersigned, having carefully examined the work, specifications, proposa~ and addenda
thereto and other Contract Documents for the services of
JANITORIAL SERVICES AT KEY WEST INTERNATIONAL AIRPORT
The Contractor, in submitting the foregoing proposal, agrees to comply with all contract
specification documents.
I acknowledge receipt of Addenda No. (5)
(Cheek mark <") items below, as a remioder that they are iDcluded.)
I have included the Bid Proposal which entails:
Proposal Form with the Non-Collusion Affidavit ~
the Lobbying and Conflict ofInterest Clause ~
and the Drug Free Workplace Form.~.
In addition, I have included a current copy of
Monroe County Occupational License ~;
Insurance Agents Statement . ;
and all requirements as stated in'Section One, Article 1.04 Paragraphs A through D.
Print Name: Yadira Suarez
Tn~: Rl'!ginn~' M~n~gpr
Mailing Address: ? 7('l() "Rc:>r 1 in '1'" rnl"i lte Telephone: Rfin-A 7. R-R4qF;
Signed:
, 06037
Fax: 860-829-5402
Date: 8/25/2009
-.
Witness: (!y ~, ^
(Soal)
28
ITEM 2
NON-COLLUSION AFFIDAVIT
!,jad I 'fa. S14.(tl of the city of (3 uL. (\
according to law on my oath. and under penalty ofperjury, depose and say that:
1. lam -\~Qd.rA. Sl.A~(U.
oftbe --:! oc_c.Ja C; S "d c/,,,,'i., S- u' ,~ Ut .
and that I executed the said proposal with full authority to do so:
the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of ,restricting competition, as to any
matter relating to such prices with any other respondent or with any competitor;
unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the respondent and will not knowingly be disclosed by
the respondent prior to bid opening, directly or indirectly, to any other respondent or
to any competitor; and
no attempt has been made or will be made b the respondent to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledg that Monroe County relies upon the truth of the statements contained in
am 't . 'contracts for said project,
~l~ <;).1...""'. ~
(Date)
STATE OF: (?{"')0\\ e.c- h6U~
COUNTY OF:1:t -qr+- .\}. ar~
PERSONALLY APPEARED BEFORE ME, the undersigned authority, y ~ i~~ ~l'~ r t z.
who, after first being sworn by me, (name of individual signing) affIXed hisIher
signature in the space provided above on this '}~....... day of ~>-t;. .20..Q!L.
~~~~
MAH n1A J. MILKEY, Notary Public
V1y COmmi"l!lon l!:xpit... ~r11 30. 2011
My Commission Expires:
29
ITEM J
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETIDCS CLAUSE
cJ<<~ a.&-I Clitl41'~) 5uv1 CL Lit. warrants that he/it has not employed, retained
or otherwise had act on hislits behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, tenninate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price. or otherwme recover. the full amount of any fee.
commission, percentage, gift, or consideration paid to the
er County officer or employee.
(signature)
Date:~U~ 'J4~. ~OOq
STATE OF ConY)qnt-\c")0~
COUNTY OF \-\'ar'~~JV"~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
..../~\r~ ~ U'6-\" 'I z.. who, after first being sworn by me, affixed hislher
~l.{ ~ day of
signature (name of individual signing) in the space provided above on this
~I~
. 20.Q.9..
NOTARY PUBLIC
dj~:J~
My commission expires:
MARTHA J. MILKEY, Notary Public
My Commllalon ~ AprIl 30. 2011
OMB - MCP FORM #4
30
ITEM 4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certities that:
c.\Q -GS ~..f c)e~ 11 ~ (')-.9 S!.((); u L Lc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufac:tllre, distribution. dispensinlJ, possession, or
use of a controlled substance is prohibited In the workplace and specifying the actions that will be taken against
employees for violatious of such prohibition.
2. Inform employees about tbe dangers of drug abuse in the workplace, the business's policy ofmaintainiag a drug-
free wDrkplace, any available drug cDUDseling, rehabilitation, and omplDyee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contrac:tllal services that are under bid a copy of
the statement specified in subaec:tion (1).
4. In the statement specified in subsection (1), notify the employees 'that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the slatemeDt and
will notify the employer of any conviction of. or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substanc~ law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in. drug abuse assistance or rehabilitation program
,fsucb is available in the employee's community, or any employee who is so convioted.
6. Make a good faith effort to continue to maintain a drug-free workpla e through implementation oftbis section.
Ao ..., ""... """"""" In up ..., ...........[<<<Iily th" th~ fi, _ '''' ~..... ...._..Is,
STATE OF C nnn~f', -h<:>0-
COUNTY OF \-\~~\
(Signature of Respondent)
4 ue ~4~~ ~ooq
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
't 'd-c\ \'f'':) ~ Ud""'~ ~ who, after first being swom by me, (name of
individual signing) affixed hisIher signature in the space provided above on this
d"..... day of Ava t;"" . 200-3
~~fJ;l"b'l
My commission expires:
MARTHA J. M'~2= ~11
.'It'l Comll".slof'I ~
31
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... ....... ell A8u.I .....IY 8l1t IP -..y ..... .... .. _ ......11I...... AU! ......111... .... CIt IIO\ID'" . . YWJ. ....
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=L~~ o--:.j.O-"-v;;;~~. :dlZ '8JBJS 'All:>
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BaXSd }O [ aSed
!; 11181 I
KWf" UI! ONLY:
WARNING: It ill violation of Federal Law (FAR 1540.103) to make any
trsudulent or Intentlonllly 'aile statement8 or entries on this sppllc8tlon.
Key Welt lmamatlon.' Airport. Security Unit.
Nate: The ,..,...r .......t p....vI. Identification at the time 01 the NqUS&
=~ 'f~~ .~~re~
Company
Name: Cor 0.<; c; Q04 cd" ilL"'~ .
By checking each box below. I certify that I hey. not. during the pelt 1 0
yea,. In any jurllldlctton. been convicted or found "not guilty by. r881Of1 of
lnunlty" of ...y d the dllqullllfylng crtme. lilted: .
FoJDIIY fA~, ..... ........... or -'n:rIlt. 8nd oI1er M'craft rwgllnlbn wol.aon
.....,... wIlh ,Ir n8'llpllan
Improper lr8r1IPort8IIOn 01 , h8DrdouI nWIIrIIII
AIR:rIIt __
\nteffIl'8nce wlIh """ cnlW membn C)/' IIaht dInCI.ntI
CammIUIcm 01 CII1IIfI aImeIlbaIrd ___In light
CMy/rG, ...n or...,.1IIOIIrd iliad
~ __In/'omIIIIaIllndlvelll
Nn:raft Jl/*Y outIIde .. .,... IIft:tIIt jurItdICtIOn of Ihe u.s.
L....... YlaIIItIon.IrwOMna IrInIpOft canIN:I"'lUbIlIIncM
8I\Iry /nIl).. .... elf IIlIJloIt 'IN IItIt ..,.... IIr CIrI'lenl or foreign IIr
canIII8 ~ lD lIMJlIItled IICUity NqulNmll'ltl
of ,n Ilft:I8ft or IinDlt r.calty
,.... with Ir*nIkl mu,.r
EI\IIOnIrie
.......
I<kInIAllng or ho.....1I/cI1llI
T,.......
Rape Of ,,,gl'llVltld ..lCUIf IIbuIe
~ pot....Ion. u... All. dlllrilNlIon. or mMlRoture 0111II exp/o" elf
l;::I
~ldarIan
Armed 01 feIory unImled robbery
~n 01. or Intenl 10 dlltribu", , conIPO-.cllubatenae
Fllony ....
.ny lnvahIng , lhreel
Ft/OnlIe InvoMng:
wlllM dHtIucIIon fA ~
~Iton or l'IIIrIuflctunt of , contlOllld .w.a.nce
bulglllY
theft
d11hona1y, freud. or ~1Ion
pGIIHIIIon or dl8tribuflon of elDl8n prap.rty
33
f"itla't
ot
KWIA
I.tem 5
Page 2 of 3 Pages
Da.. of
Flngerprlntlng:
It. 5
Page 3 of 3 Pages
1I1VQ,.V.atd ...1Ull
bribery
IIIegeI pot....lan 01. conIIDIlId .ub81w punilMbl. b, . m.ximallerm of
I prilClr1lMl1t of more INn 1 ,....
a VIolence at Inlem.llonel.irporlll
L:1 ConIpII'Ky or all8mpt D commit any or !he criminal ../tI1ed
I do hereby certify thet the preceding Information I have provided 011 this
appllcsllan I. true, complete. and c:onect tJ the best of my knowledge
and belief and is proWled In good feith. I undef8tand that fine,
Imprisonment. or both can punish a knowing 8M willful f.... _ement
on this 8 tl.
~
d ( r~SUa r' {2 underwblnd :at Federal
reg CPR 1IG.2Ot ImpoI8I . continuing obligation to dlICIOH to
the Key west International Airport ABC wfthIn 24 hour8 If I am convicted
of any dltqulllfyfng criminal offttnse that occ:ura whUe t have urieac:orted
acce.. authority. t acknowledge that the Tranaportatlon Security
AdrnlnI*8tlon (TSA) h88 detem1lned that a wIhheId adjudlc:8tlon (court
did not pronounce guild 0( Innocence). whether through 8 gulty pi.. or a
pl.. of nolo contendere (no conteBt), constitute. a convlctlon for the
purpow of UneKOrted acceuto the AOA (48 CFR Pert 1542). I allO
accept thet upon *>>Ipt of a directive from the TSA or 8 rncdltlcatlon to
the 1'8QUI81icJn, my un_carted 8CC888 to the eecure area of tile Airport
may be denied 0( revok~: .
ThIOAppIIcont 10 ""'_ ~ a!. ~(D-.Q~
un..carted acce.. tlO the (EYW) Security ldenIlfIcatlon 0 Area.
Slgnaturw of Authorized Company '-pru.nfallve
Date:
Print Name and ...Igned Title
Fingerprint live acan
lubndttecl
.20_
34
Certificate of Status
I certify from the records of this office that CLASS ACT CLEANING SERVICE, LLC is
a Connecticut limited liability company authorized to transact business in the State of
Florida, qualified on June 09,2005.
The document number of this limited liability company is M05000003243.
I further certify that said limited liability company has paid all fees due this office
through December 31, 2009, that its most recent annual report was filed on February 18,
2009, and its status is active.
I further certify that said limited liability company has not filed a Certificate of
Withdrawal.
I further certify that this is an electronically transmitted certificate authorized by section
15.16, Florida Statutes, and authenticated by this code 090218234738-300143880833#1.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Eighteenth day of February, 2009
l\.tll. ~. ~t'OWlttltg
~l.'ct'C[ill'1! of ~tiltc
CLASS ACT
CLEANING
SERVICE, LLC
PI8n
Janitorial Cleaning Services for:
Key West International Airport
3491 S. Roosevelt Solevard
Key West FI, 33040
CLASS ACT CLEANING SERVICE, LLC
TABLE OF CONTENTS
Procedures and Practices
Chapter 1
Equipment and Supplies
Chapter 2
Training, Maintaining Documents,
Personnel Roles
Chapter 3
Start Up Schedule
Approach
Chapter 4
Specifications
Chapter 5
Transition Plan
Chapter 6
Management & Commitment to Quality
Chapter 7
Green Cleaning
Qualifications
Chapter 8
Company PronIe
Chapter 9
Overview
Chapter 10
Code of Ethics
Chapter 11
Mission & Company Vision
Chapter 12
Staffing Commitment
Chapter 13
Organizational Chart & Resume
Chapter 14
References
Chapter 15
Insurance Certificate
Equipment and Supplies
EQUIPMENT AND SUPPLIES
At Class Act Cleaning Service, LLC we understand that the Key West International Airport has many
complexities and issues that need to be attended to. With this in mind, monitoring a cleaning supply inventory
and ordering should not be one of them. To further aid in building a perennial and effective relationship, Class
Act Cleaning Service, LLC will assume the responsibility of monitoring all paper and chemical supplies.
All equipment that we use is provided by major brand names: Clark and Advance, ProTeam and Sani-
taire, Rubbennaid and Kent. Equipment repairs are accomplished by our full time Equipment and Supply
Specialist. He accomplishes repairs either on-site or in Berlin depending on the nature ofthe fault.
Machine Eauipment
Material/Supplies
Rubbennaid - Mop & Bucket wi Wringer
Rubbennaid - Brooms wi Dustpans
Rubbermaid - Static Cling Dusters
Rubbermaid - Spray Bottles
Rubbennaid - Cleaning Caddy
Rubbermaid - Commode Brush
Rubbennaid - Dust Mop
Rubbermaid - Wet Floor Signs
Miscellaneous - ClothslRags
Manufacturer Brand: Clarke Wet/Dry Vacuum
Model#: 04111B (Image 16ix 120v)
Brush Size: 3"x13"
Motor Size: 118 HP
Manufacturer Brand: Advance
Model#: SD4317
Size: 20 Inch
RPM: 150
Manufacturer Brand: Tornado
Model#: Blower 16
Size: 16"
HP: 2 hp motor
Manufacturer Brand: Coach
Model: Backpack Vacuum
Manufacturer Brand: Sanitaire
Model: Upright Vacuum
Training, Maintaining Documents,
Procedures of Personnel
TRAINING, MAINTAINING DOCUMENTS, PROCEDURES OF PERSONNEL
Three broadly based training programs are always in progress at Class Act Cleaning Service, LLC. ll1ese
programs entail technical custodial training, safety and Right to Know programs, and supervisory seminar
programs. Additionally, "Train the Trainer" oppoltunities are routinely made available to Area and Site Man-
agers. Many of our training programs flow from the Building Sen1ice Contractors Association International
(BSCAl), Occupational and Safety Health Administration (OSHA), HAZCOM Video Training Modules. Most
ofthese modules are available at Class Act Cleaning Service, LLC in both English and Spanish.
Technical Custodial Training: All custodians (including porters and matrons) undergo the technical as-
pects of cleaning. These include rest room cleaning, carpet spot cleaning, office cleaning and ground
rules. Such training is repetitive so as to include new employees and refresher training for continuing em-
ployees. Custodians who will be specializing in hard floor care receive specialized training on machines
and the care and characteristics of various floor surfaces. This training program additionally includes ap-
prenticeship training with the Class Act Cleaning Service, LLC floor care Special Team. Spot cleaning
of carpets is presented by a certified Carpet Care Technician.
Safety Training: This training goes beyond that required by the Occupational Safety and Health Admini-
stration. Safety and Right to Know are presented repetitively; MSDS training and our MSDS notebooks
are presented and retained on-site.
Supervisory Training: Although designed specifically for site supervisors, assistants and managers, cer-
tain portions of this program are presented to porters, matrons, lead persons and crew leaders. The total
supervisory program is geared towards inspection, performance appraisal and evaluation, equipment
maintenance indicators, developing and administering a training program, feedback loops, and the cus-
tomer relations aspects of the custodial service industry.
All training is presented during paid employee time. All except supervisory training is presented on-site if
such can be acconunodated by the client. Video machines, training aids, and special equipment required
are transported by the training staff to the site selected for training. Most supervisory training is conducted
off-site at BSCAI-sponsored locations, in Berlin or at local hotel/motel facilities.
Training does not always work! And the method(s) for conducting training varies widely
by subject and target audience. Individuals who attend a training session are not necessar-
ily trained because they have been exposed to the subject. Training must be performance
oriented. And results must be measured.
Chapter
3
Start Up Schedule.
START-UP SCHEDULE
Normally, we allow two (2) weeks for a smooth, logical and orderly transition from your present service.
Upon notice of award, the following start-up schedule will be undertaken during the transition period:
.-..
Key Personnel Assigned and In Place
WEEK 1 WEEK 2
IX
X
FUNCTION
Contract A ward
On-Site Review X
Meetings with customer. X
Familiarization with Site Requirements X
Establish Lines of Communication with X
Client and Labor Unions, if Necessary
Selection of Supervisor
Recruiting of Personnel
Pre-employment Screening
Evaluation of Incumbent Personnel
Final Selection of Personnel
x
,X
X
_.__ _,_'"_._..__.m_
X
Finalization of Training Program
Ordering of Unifonns, Supplies,
ment
& Safety Items
Develop Work Schedule
On-Site Training
Eq uip- X
X
X
Actual Start-up of Service
Specifications, MethodologYt Systems
SPECIFICATIONS
After scrutinizing the documents provided by the Key West International Airport, Scope ~r Services. Class
Act Cleaning Service, LLC will closely adhere to all specifications listed in Exhibit E, Janitorial Cleaning and
Frequency as the source of absolute definitions.
*While Class Act Cleaning Service, LLC deems this the most practical and efficient specification program,
upon start-up, Class Act Cleaning Service's operational supervisors will monitor progress and institute any
alterations as needed or requested by the Key West International Airport.
METHODOLOGY
Several techniques were brought together by Class Act Cleaning Service, LLC management to define the
Custodial Sen1ice Team (CST) requirements for the Key West International Airport These techniques in-
cluded experience of the principals, PC-based task analyses, knowledge ofthe marketplace - and a solid un-
derstanding of corporate facilities, environments and expectations. Another piece - and this often distin-
guishes Class Act Cleaning Service, LLC from our competitors - was our capability to bring young, tal-
ented individuals together and have them develop programs as subsets of our CST. Our Class Act Cleaning
Service, LLC Strategic Management System was also used to guide our team in the development of the entire
program.
SYSTEMS
Class Act Cleaning Service, LLC is not an MWBE. Our ethic, however, embodies the positive as-
pects of such programs.
Service to customers and the timeliness in which a successful service-provider can act are similar
traits, which we espouse and require. Reacting to an on-site problem or completing a required activity
within 15 minutes or 4 hours, respectively, is what we do. Our Class Act Cleaning Service, LLC
Strategic Management System requires and produces this service.
Transition Plan
TRANSITION PLAN
Class Act Cleaning Service, LLC will make the most difficult elements of cleaning contracting as seamless
and unassuming as possible with the execution of our transition plan:
Upon notifying Class Act Cleaning Service, LLC of your plan to award the contract, the following will be
accomplished to ensure a smooth, positive and successful service transition.
A. Make a preliminary but thorough site assessment.
B. Jointly establish meeting dates with designated personnel to review in part the following:
1. All facets of the proposal and contract
2. Any prior problems or concerns at each site
3. Special procedures
4. Training guidelines for each site
5. Lines of communication and management control
6. Security recommendations
7. Schedule of working hours
8. Safety Program compliance
C. Initiate hiring process by advertising, conducting interviews, pre-employment screenings and in-
terviewing existing staff members
D. Insure sufficient supplyofwliforms, equipment and matet.ials for personnel
E. Set up safety programs
F. Set up classroom and on-site training
Break Down
WEEK ONE:
A. Establish a transition team to work directly with your representatives
B. Meet with Key West International Airport representatives in order to review policy and proce-
dures and conduct an on-site survey of each building
C. Discuss past, present and possible future problems that could affect the program
D. Establish direct lines of communication and management controls
E. Review any special duties or procedures cunentIy in place
F. Order unifonns, supplies, equipment and safety items
G. Issue Certificate of Insurance with the key West International Airport listed as additional-
named insured
H. Place advertising for new people and review rosters of our current peopl~ for transfer or promotion
1. Select site supavisors to be assigned
J. Conduct interviews and pre-employment screening of applicants
K. Start hiring process
WEEK TWO:
A. Select personnel
B. Schedule training
C. Begin training of supervisors regarding site requiranents
D. Complete on-site training for start-up (to extent pennitted)
E. Develop work schedules and inform all personnel
F. Establish payroll requirements and invoicing instructions for billing department.
Start of Service
Our managers will be on duty to ensure continuity of coverage. For the first 30 days, our management will
maintain close communication and be especially observant, ensuring a smooth operation
A. Our transition team will work with personnel at each location to ~etermine efficiency and evalu-
ate personnel performance.
B. Meetings will be conducted daily during the first month after start-up with your representatives to
evaluate overall job performance and make necessary revisions to schedules, communications,
procedures and site reports.
Management and Commitment to Quality
MANAGEMENT AND QUALITY ASSURANCE
Our quality control program begins well before installation of the cleaning staff or the stw1 of the jW1itorial
service program. In addition to personnel, equipment, and supply requirements, the Supervisor gathers train-
ing tools and begins designing the docwnentation elements of the Class Act Cleaning Service, LLC Quality
Control Program. This program is generic in scope but is modified specifically to fit the client requirements.
The generic elements are installation, visitations, inspections and documentation.
Class Act Cleaning Service, LLC has invested special training and apprenticeship programs in the Supervi-
sor so that she can (and has) successfully install a new account within any Area Manager's geographical re-
gion.
Management of our services involves Class Act Cleaning Service, LLC principals, the Area Manager, the
Supervisor, the Site Supervisor, and the Key West International Airport. The customer is an important (but
not sole) source of feedback to the Opemtions Staff of our company. And the customer is usually much more
than one person. After the installation period, our primary quality assurance deliverer would be the Site Man-
ager. Our quality assurance inspectors would be the Area Manager (at least twice weekly) and Regional Man-
ager (montWy).
COMMITMENT TO QUALITY
As we work to attain and retain our corporate mission, we will concentrate but not limit our efforts to the fol-
lowing:
I. Create and Maintain a Client-Service, Client-Retention Vision at All Times
· Regular staff meetings focusing on accomplishments and objectives of services provided.
· Regular tedmical training for line workers to ensure they fully understand the Class Act Cleaning
Service cOllUnitment to quality service and procedures.
II. Work Toward a Positive Partnership by Involving the Jacksonville Aviation Authority in Our
Business.
· Work with our clients to develop the schedule of services and staffing needed for their facilities
utilizing computerized work loading of service tasks and frequencies of those tasks.
· lbrough the use of job status reports, continually monitor the service program to ensure an ongo-
ing quality, cost effective program.
III. Professionalize Our Company and Industry
. Actively participate in our trade associations by attending seminars and serving 011 committees as
directors and officers whenever possible.
. Provide the opportunity and encourage our management staff to seek professional designations
available to them.
. Whenever possible, visit other successful companies inside and outside the industry tlu'ough the
use of peer groups and networking groups.
IV. Constantly Search for Client-Winning Performance
. Make it easy for our clients to do business with us.
. Make every effort to assure that any client contact is a positive one. This includes the way we an-
swer the phone to the way our sales, operations, administrative and human resources department
interact with our clients.
GI aBII CIe8nIng
GREEN CLEANING
Class Act Cleaning Service, LLC is not your standard commercial janitorial service. Many janitorial
companies both large and small focus only on cleaning but not on the long term effects using harsh
chemicals has on the environment or on the welfare ofhwnans.
The Key West International Airport will benefit from the truly environmentally friendly cleaning,
green product expertise and elbow grease scrubbing methods used by Class Act Cleaning Service,
LLC. Our el(perience in providing janitorial services will significantly improve the overall appearance
and cleanliness of the office or building as well as providing a safe, non-toxic environment for your
customers and employees.
A standard Class Act Cleaning Service, LLC building service with Green Seal compatible products
will include these services and more:
Officesl Lobbyl Miscellaneous Areas
. Damp dust desk surfaces and cabinets
. Clean and wipe down chairs
· Clean windows, door handles, light plates
. Damp dust light fixtures, baseboards
. Vacuum carpets/clean hard floor surfaces
. Damp dust window blinds
. Empty wastebaskets and replace liners
Break Rooms
. Clean counter surfaces and sink
. Clean microwave, appliance surfaces, coffee pot
. Mop floor
. Damp dust cabinet surfaces
Restrooms
· Clean and sanitize sinks, faucet fixture
· Clean mirrors, hard surfaces
. Damp wipe door handles, light plates
. Clean and sanitize toilet bowl, handle, seat. lid, tank and base
. Empty trash and replace liners
. Refill soap dispensers, towel dispensers, toilet paper
. Mop tloor
Many of our supplies are private labeled for Class Act Cleaning Service, LLC. Our primaty supplier is
Rovic Inc., Connecticut. From this supplier we feature Rovic Private Label and Spartan Chemical Co.
products. which meets or exceeds Green Seal published specifications. In today's modernizing world, it is as
equally important to employ products that are efficient and effective, as it is to be environmentally conscious.
When we find that special requirements dictate use of other products, Class Act Cleaning Service, LLC Pw"-
chases from vendors such as Host, Capture, et al.
Chemicals
Stripper: Hot Shot
Sealer: On Base
Finish: Classic 250
Restorer: Bounce Back
Cleaner: Rovic #40 Neutral Cleaner
Rovic Private Label
Glass Cleaner
Bathroom Solution
Floor Solution
Multi-Purpose
Carpet Solution
Stainless Steel Cleaner
Gum Remover
Disinfectant
Sanitizer
*MSDS Sheets of all above chemicals, solutions and products will be visibly ac-
cessible at each location
Chapter
8
c:omp..y Pralle
COMPANY PROFILE
Class Act Cleaning Service, LLC is a company, which provides much more than the typical services so of-
ten valued by our traditional client base. We believe that we are one of a handful of companies that recog-
nizes that we can reduce the cost of providing services and use services more effectively to meet customers'
requirements, get more of their business and enhance profits.
Perhaps the most important benefit of our flexible service offering is a true value-exchange in the provision of
our services. Our experience with other corporate facilities has taught us the importance of value exchange
and the standards for quality service, which are the benchmarks of Class Act Cleaning Service, LLC's em-
ployee and management staffs.
Our personal stake in the successful bidding of the request for Proposal is the opportunity to dovetail our own
plans for growth with the existing requirements of your business. We believe that it will be extremely impor-
tant to focus on successful service delivery to you in order to continue the steady growth of Class Act Clean-
ing Service, LLC.
Overview
OVERVIEW
A true American success story, Class Act Cleaning Service, LLC is a first generation family business whose
genesis has taken it from a modest company in 1991 to a company employing ISO people. Servicing clients
throughout Connecticut, Massachusetts, New Hampshire, New York, New Jersey, Virginia, Rhode Island,
Vermont and Florida, many of them include Fortune 500 companies. Steady growth based on the delivery of
the best value-exchange and a superb customer-oriented focus has been the real catalyst for long-tenn growth
and profits. Class Act Cleaning Service, LLC's client retention rate is without parallel in our markets.
At Class Act Cleaning Service, LLC, we believe that value-exchange means real partnering. That in ex-
change tor the opportunity to provide services, Class Act Cleaning Service, LLC has an obligation to be
creative, in uncovering and solving customer cleaning problems with innovative, cost effective services.
Otiginally, Class Act Cleaning Service, LLC thought of itself as a provider of cleaning services. Like many
such companies, we dropped off cleaning personnel and charged for cleaning by the square foot. We com-
peted on the basis of price, service and quality of products.
Fortunately, Class Act Cleaning Service, LLC had a culture that encourages its managers and supervisors to
spend a lot of time in the field listening to customers. As a result, top level executives became more inti-
mately familiar with our customers' needs and it became clear that they wanted us to truly manage the clean-
ing services being provided in their buildings. Facilities personnel, for example, wanted to focus on managing
space and renovation, the core of their duties. They did not want to go to conferences on cleaning terrazzo
and granite floor fmishes. Nor did they have the time to read manuals on the subject.
Over time, Class Act Cleaning Service, LLC realized that we were, in fact, on-site partners, guaranteeing the
best available handling of all cleaning issues. Customers could focus on their core business. Class Act
Cleaning Service, LLC would provide not only the labor to clean buildings, but highly valuable technical
services. It had never occurred to some customers that a supplier could eliminate many petty frustrations.
Class Act Cleaning Service, LLC's owners saw the potential benefits themselves. In fact, the idea of letting
the supplier really manage his own activities and advise the customer on technical cleaning wasn't accepted
right away. Class Act Cleaning Service, LLC spent several years changing their focus. The results were
outstanding; customers who had confidence in the ability of their supplier to handle all aspects of corporate
cleaning and to vigorously pursue the most cost-effective methods for doing so.
Class Act Cleaning Service, LLC did not change its fundamental approach, nor did they re-invent the clean-
ing business. What Class Act Cleaning Service, LLC did was, through a succession of small steps, to align
the people and understanding necessary to deliver a new set of benefits to the market. Today, Class Act
Cleaning Service, LLC growth is sustaining this management approach. Our success in the cleaning of cor-
porate facilities has served as a magnet for new clients.
Chapter
10
Code of Ethics
CODE OF ETHICS
Class Act Cleaning Service, LLC believes itself to be a company, which owns a corporate way of life,
which is strong in its principles, where characteristics such as sincerity, honesty and straightforwardness are
watchwords of our operations. We believe that ~wnership of such characteristics is the lifeblood of long-
tenn success. In an industry, which is so very competitive, we have not followed other companies who tried
in the short run to earn greater profits by cutting comers on service delivery. We have seen that such tactics
are the practices of big losers in the cleaning industry--practices, which are avoided like the plague by win-
ners.
"Trust is like a thin thread. Once broken, it is nearly impossible to put together again."
Ayub Khan
MIs8Ian & Company VIsIon
MISSION AND COMPANY VISION
Our mission at Class Act Cleaning Service, LLC is to provide the very best in cleaning services to all of ollr
customers. This will be achieved by dedicating ourselves to exceeding our customers' expectations and pro-
viding the highest quality customer service, a service which includes benchmarking our own performance and
delivering the best value-exchange in our industry. This value-exchange includes an on-going effort to deliver
economies where possible and providing maximum value for your cleaning investment.
Long Range Goals:
In most industries today, people no longer know, or even care, what or why their companies do what they do.
In such an environment, managers and supervisors have an urgent role to play. Obviously, they must retain
control over the processes that frame the company. Long-range (strategic) priorities for us focus on growth,
profitability, development of individuals and their potential and civic involvement. But strategies can engen-
der strong, enduring company conunitment only when they are embedded in a broader organizational purpose.
We believe that this is what we have done at Class Act Cleaning Service, LLC. We have created an organi-
zation in which all employees can identifY, in which they have a sense of pride, and to which they are willing
to commit. In short, our managers and supervisors have successfully converted our hourly employees into a
workforce entity with conunitted members of a purposeful organization in which they can grow financially
and personally.
This has great importance to our customers in that this commitment speaks to performance retained, cleaning
expertise and the satisfaction level of the people who do the work. We pride ourselves on this accomplish-
ment and its obvious potential for long-range growth. The measurable customer retention and referral, which
are directly tied to this management approach, are our best long-tenn strategy,
,
Aramis Bello " '
Florida
Supervisor
Florida
Service
Personnel
President
Scott Cohen
Vice President
Stephanie Cohen I '
Regional
Operations Director '
Yadlra Suarez
Field Supervisor
Jose Rodriguez
I,
Vermont
Service
Personnel
New Hampshire
Service
Personnel
: I
,'; " ",
New
Jersey
Service
Personnel
Offlcel
AdmInistrative
Manager
CathIe Lentini
" .
Collections
Manager/
Administrator
"I '.' ."
Massachusetts
Service
Personnel
,.
New York
Service
Personnel
Connecticut
Service
Personnel
References
REFERENCES
COM CAST CABLE COMMUNICATIONS
Connecticut, Massachusens, & Vermont
222 NEW PARK DRIVE
BERLIN, CT 06037
MR. ROBERT BROWN (860) 883-7889
650,000+ Square Feet
Contract Dates: 1/96 - Present
APT FOUNDATION
1 LONGWHARF ORNE, STE. 311
NEW HAVEN, CT 06511
MR. SAM ANDERSON (203) 868-1494
400,000 Square Feet
July 1, 2005 - Present
STATE OF NEW HAMPSHIRE
HEALTH & HUMAN SERVICES BUILDING
25 CAPITOL STREET, ROOM 102
CONCORD, NH 03301
MS. OOlE CHAMPAGNE (603) 271- 3146
250,000 Square Feet
Contract Dates: 7/1/03 - Present
TOWN OF TRUMBULL, CT
5866 MAIN STREET
TRUMBULL, CT 06611
MR. BOBBY DELLADONNA (203) 339-1116
89,200 Square Feet
Contract Dates: 7/1/2005 - Present
* Additional references furnished upon request
Insurance Certificate
INSURANCE CERTIFICATE
See Attached
ACORD", CERTIFICATE OF LIABILITY INSURANCE 'y':1 DATE (MMlDDIYYYY)
,~.../.. 10/28/2008
I
r,10DUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Byrne. Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6 Cou8umer8 Ave. HOLDER. THIS CERnFICATE DOES NOT AMEND, EXTEND OR
Norwich CT 06360 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(860) 886-5498 {8601 859-5075
INSURERS AFFORDING COVERAGE NAle tI
INSURED INSURER A; .ir.t Mercury In.urance Co. 10657
C1.a.. Act C1.eaniug Service LLC INSURER B; AIlJ Specia1.ty "orker. Comg
~700 Berlin Turnpike INSURER C; proqre..ive Horthwe.ter.q In8ur 42919
'BerI.iu CT 06037 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 AFFORDED 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.
IHSR I"DD' T'YDO' nO' POUCY NUMBER POUCY EFFECnVE POUCY EXPIRAnON UMrrS
~NERAl UABIUTY EACH OCCURRENCE S 1000.000
A ~ 3MMERCIAL GENERAL L1ABILliY P1IA002377 10/21/2008 1.0/21/2009 ':'':',!",,,,,,-. S 50 000
CLAIMS MADE W OCCUR MED EXP (Any.... PIIrsonl S Kxc1.uded
PERSONAL & ADV INJURY S 1 000,000
---' GENERAL AGGREGATE S 2,000,000
~L AGGRnE LIMIT APMS PER; PROOUCTS-COMP~PAGG S 2,000,000
POLICY P,f-R-T LOC
~OMOBILE UABJUTY COMBINED SINGLE UMIT $
C ANY AUTO CA-0-6643067-0 1.0/:11/2008 lO/:n/a009 (e. ._nl) J.,OOO,OOO
-
- ALL OWNED AUTOS BODILY INJURY
. (Per pen...) $
~ SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
(P.neeld.nl) $
~ NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per eccldenl)
~RAGE LIABILITY. AUTO ONLY - EA ACCIDENT S
ANY AUTO OlMER THAN EA ACC S
AUTO ONLY: AGG S
tiJESSlUMBRELLA UABIUTY EACH OCCURRENCE S 1,000,000
. X OCCUR 0 CLAIMS MADE CUMAOO0306 10/21/2008 10/21/2009 AGGREGA"TE S 1 000.000
S
~ DEDUCTIBLE S
X RETENTION S 10,000 S
WORKERS COMPENSATION AND 00697I.9Sl 1.0/21/2008 1.0/:01./:0009 X I T~~T~IN-." I /OJ,t'-
EMPLOYERS' UABIUTY
ANY PROPRIETORIPARTNERlEXECl1T1VE E.L. EACH ACCIDENT S 500 000
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 500 000
~resCI~~~~.y,~?~NS below E.L. DISEASE - POLICY LIMIT S 500 000
OTHER
SCRIPTION OF OPERATIONS/ LOCATIONS / VEHlCLES/DCLUSIONS ADDED BY EHDOR8EMENr /SPECIAL PROVISIONS
RT/FICATE HOLDER
CANCELLATION
I
:JRD 25 (2001/08)
SHOULD ANY OF THE ABOVE DEsCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISBUlNG INSURER WILL ENDeAVOR TO M....L ~ OAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SlIT FAILURE TO DO SO SHAll
IMPOSE NO OSUGAnoN OR UASIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTAnVES.
AUTHORIZED REPRESENTAnvE ~ /)
..J;L.JJJ ~ ~
@ACORDCORPORAT/ON 1988
r Information On1.y
D,,... 1 ,."., ..
2009 I 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
RECfIPT* 29240-102065
Busln!!u Name' CLASS ACT CLEANING SERVICE lLC
O~rJer Name: SCOTT D COHEN
Mailing Address: 2100 BE"UN YURNPIKE
BI!RUN, CT 06037
Bus;ne5S LDcatiDn: MO CTY
/(fY WEST, FL 330<10
Buslnes5 Phone: 860-828.8496
Business Yvpe: MOeIlE (CLEANING
SERVICE)
Roams
I..ts
Emplov..,
Milchlne.
I
St,n.
PAID.1D3-08-0DDD12~D
o~/oe/~DC' 25.00
THIS RECEIPT MUST BE POSTED CONSPJCUOUSL Y IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT D."lse D. Henriquez, eFC, T.. Collector THIS IS ONLY A TAX. 'fQU MUST
WHEN VAUOATEO PO 80x 112', K-r West, FL 33041 MEET ALL COUNTY ANDIOR
MUNICIPAUTV PLANNING ANO
ZONING REQUIREMENTS.
I .~"""UQ
2008 I 2009
MONROE COUNTY BUSINESS TAX R!CEIPT
EXPIRES SEPTEMBER 30, 2009
REceIPT. 292..0-102065
Bustness N~m.: CLASS ACT CLfANING SERVICE U.C
Owner Natne: SCOTT D COHEN
MillIng Addl'@5S:270D BERUN TURNPIKE
RERUN. CT 015037
Business Location: MO elY
kev WEST, FL. 33QqQ
Busln.ss Phone: 86D-828-8496
8u51nl!15 Tvp.: MOSILE (CLEANING
SfR.VJC!)
Rooms
S..ts
fmploycCl
Machines
I
Stalls
PAI>>-103.0a-CODD1~~C
O'/DA/~DD~ ~2.50
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Da"lse D. HenrIquez, ere, T.Jl: Collector THIS IS ONl'r' A TAX. you MUST
WHEN VAL,IOATEO PO Box 1129, Key West. fL 33041 MeeT AL.L. COUNTY ANO/OR
MUtHClPAU'N PlANNING ANO
ZONING ReQUIREMENTS.
.--..-...- .........-.. ..---..--.. -... --,..----
....L-I uu ':;'UUJ .&.J ~ U'
....L-n-'..J n.... I ....L-LMI'J 1'tU
CC~C~~J~~~ ~.~~/~
References
REFERENCES
COMCAST CABLE COMMUNlCA nONS
Connecticut, Masstlchuselt.l, .. Vermont
222 NEW PARK DRIVE
BERLIN. CT 06037
MR. ROBERT BROWN (860) 883.7889
650,000+ Square Feel
Contract Dates: 1/96 - Present
KEY WEST INTERNATIONAL AIRPORT
3491 S. ROOSEVELT BLVD.
KEY WEST, FL 33040
MS. BEVEITE MOORE (305) 295-5195 PREVIOUS AIRPORT EXPERIENCE
40,000 Square Feet
Contract Dates: 6/1/07. Prescnt
APT FOUNDATION
1 LONGWHARF ORNE, STE. 311
NEW HAYEN, CT 06511
MR. SAM ANDERSON (203) 868-1494
400,000 Square Feet
July 1, 2005 - Present
ST ATE OF NEW HAMPSIDRE
HEAL 1H &. HUMAN SERVICES Buu..OING
2S CAPITOL STREET, ROOM 102
CONCORD, NH 0330]
MS. ODIE CfLo\MPAGNE (603) 271. 3146
250,000 Square Feet
ContnlCt Dates: 7/1/03 - Present
TOWN OF TRUMBULL, CT
5866 MAIN STREET
TRUMBULL, CT 06611
MR. BOBBY DELLADONNA (203) 339.1116
89,200 Square Feet
Contract Dates: 71112005 - Present
· Additional references furnished upon request
, ."",,,,,..~l.J
DANISE Df
HENRIQUEZ
MONRO! COUNTY
"lIyme'lt ConrlrmlltlOll
A.ecelpt number
103.08.00001240
09/08/Z00' U:53PM
Cashier; Dle
SCOTT 0 COHI!N
2700 BERUN TURNPIKE
eel\UN, CT 06037
Nam~ on clIrd:
C.-edit card type:
Credit card number:
Confirmation number:
SCOTT 0 COHEN
American !xpress
............]008
251545
Credit C4ird Slrvil;cS Ire provlCied by PolntAnclP., and a,.
assessed III convenience r... "ThIs ch.rg. will .pp.ar on your
bill as: PNP GOV PA.V.
Am~unt
.. ................................
Convenience Fee
..._.....___._._..___...____n_.__.
Total
$37 .50
$2.00
$39.50
TDTfl.. P. 06
",""",",~-'J"',",,'
I . UJ' t.A-l
2009 I 2010
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2010
REC!IPn 29240-102065
8usln!~~ Nam!: CLASS ACT CLEANING SEIWICE lLC
Owner Name: SCOTT D COHEN
Mailing Address:2?OO BERUN 'l'URNPIl<E
8!RUN, CT 06037
Business LocatiDn: MO C'TV
KfV WEST, Fe. 33040
8uslness PhDne: 860-828.8496
Business Tvpe: M08IlE (CLEANING
SERVICe)
A..m.
s....
Emp/.v...
Machi"..
I
St. II.
rander Fee
PAID-~n~-O~-ODDD1~4D
D~/Dl/eac' ~5.aO
THIS RECEIPT MUST BE POSTED CONSPICUOUSL V IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT D.,,'n D. H."r1quu, eFC, Tall conector THIS IS ONLY A TAX. 'fOU MUST
WHEN VAUDATED PO BOll 1121, Key W..t, 'L n041 M~!T ALL COUNTY ANDIOR
MUNICIPAUTY PlANNING AI'IO
ZONING REQUIREMENTS.
~I uu 'UUJ ~j.Uj
'...L..Mjj r"""-..I --'LC."""jl'tU
uuuuc:. ~"""'tJ,
,- . u--.' ~
2008 I 2009
MONROE COUNTY BUSINESS TAX R!CEIPT
EXPIRES SEPTEMBER 30, 2009
ReCEIPT. 29240-] 02065
Business Name: CLASS ACT CLEANING SERVICE U.c
Owner Name; seo". 0 COHEN
MIIIII\Q Addl'!s!:270D BERUN TURNPIKe
aERUN. CT 06037
Business Locallon; MO CTY
KEY WI:ST. FI. 33040
Business Phone: 880-828-8496
Business Tvpt: MOBIL]; (CLEANING
SERVICE)
Roams
Sut.
fmplaYeD
M.chln..
I
It.Us
PAID-1D3-C.-DDDD1~~O
0'/01/200' ~2.SD
THIS ReC!JPT MUST II POSTED CONSPICUOUSLY IN YOUR PLAC! OF BUSINI!SS
THIS BECOHES A TAX RECeiPT
WHEN VALIDATED
Danlse D. Henrlllll." CPC, ,.. eolleClOr
PO 80x lU9, Key wear, fL 33041
THIS IS ONLV A TAX, VOU MUST
MefT ALl. COUNlY ANDIOR
HUNIC1PAI.nV PLANNING AND
ZONING REQUIREMENTS.
~~~-~O-~~J !~.~,
\..I..H::>::> HL I LI..t:;HN I NU
~~~~4~~ P.03/06
References
'REFERENCES
COMCAST CABLE COMMUNlCA nONS
Conn<<:ticlll, Mtl.UllChuuttJ, & V'mtDnt
222 NEW PARK. DRIVE
BERLIN~ CT 06037
MR.. ROBERT BROWN (860) 883-7889
6S0,000+ Square Feel
ContnlCt Dates: 1/96 - P~t
KEY WEST INTERNATIONAL AIRPORT
3491 S. ROOSEVELT B1 YD.
KEY WEST, FL 33040
MS. BEVETIE MOORE (305) 295-5195 PREVIOUS AIRPORT EXPERIENCE
40,000 Square Feet
Contract Dates: 611f07- Prescnt
APT FOUNDAnON
1 LONOWHARF DRIVE, SlE. 311
NEW HAYEN, CT 065 11
MR. SAM ANDERSON (203) 868-]494
400,000 Square Feet
July ], 2005 - Prescnt
STATE OF NEW HAMPSHIRE
HEAL rn" HUMAN SERVICES BUILDING
25 CAPITOL STREET, ROOM 102
CONCORD, NH 03301
MS. OOIE CHAMPAGNE (603) 271- 3146
250,000 Square Feet
Contract Dates: 7/1103 - Presenl
TOWN OF TRUMBULL, cr
5866 MAIN STREET
TRUMBULL. CT 06611
MR.. BOBBY DEUADONNA (203) 339-1116
89,200 Square Feet
CODtract Dates: 7/112005 - Present
III Additional references fwnishcd upon request
~
~
V~':;'J.J"'''''~
I .tAJ1 UU
r DANISE D.
HENRIQUEZ
MONRO! COUNTY
~Clyme"t CcmnrmCttlOll
Receipt number
103.0.-00001240
09/08/200912:S3PM
Cashier; Ole
SCOTT 0 COHEN
2700 BERUN TURNPIKE
8E"UN, Cl 06037
SCOTT D COHEN
American !Jlpre,;s
; CredIt eard "U",~b,er: ............3008
Signature:
C"stom.r CO
Name on card:
. Credit CJlrd typ.:
TOTf:l. P. 06