Item C17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18. 2008
Division:
Public Works
Bulk Item: Yes -2L No
Department: Facilities Maintenance
Staff Contact Person John W. King. ext 4431
AGENDA ITEM WORDING: Approval to amend and renew contract with Diversified Services of
Key West., Inc. for the janitorial services at the May Hill Russell Library, Key West, Florida and the
Department of Juvenile Justice Building - second floor.
ITEM BACKGROUND: The contract with Diversified Services of Key West, Inc. contains
ambiguous language as to the term of the original agreement and allows for two one-year renewal
options. The parties hereto wish to clarify the contract term and exercise the first option to renew.
PREVIOUS RELEVANT BOCC ACTION: On June 20,2007, the BOCC approved award and
execution of a contract with Diversified Services of Key West, Inc.
CONTRACT/AGREEMENT CHANGES: Clarify term of original agreement to one year, and,
in accordance with Paragraph 4 of the original agreement, contract to commence July 1, 2008 to June
30, 2009; increasing payments 4.1%, the percentage change in the U.S. Department of Commerce
Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor
Statistics for the previous year ending December 31,as follows: May Hill Russell Library from
$1,500/mo. to $1,561.50/mo. or $18,738 annually; and Department of Juvenile Justice Building -
Second Floor from $2,600/mo to $2,706.60/mo. or $32,479.20 annually.
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST:
$51.217.20/annuallv
BUDGETED: Yesl No
COST TO COUNTY: $
same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MEMORANDUM
DATE:
May 23, 2008
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - June 18,2008 BOCC Meeting
Approval to Amend and Renew Contract with
Diversified Services of Key West, mc. for Janitorial
Services at May Hill Russell Library and
Department of Juvenile Justice Building - second floor
On June 20, 2007, the BOCC approved award and execution of a contract with Diversified
Services of Key West, mc. for the janitorial services at the May Hill Russell Library, Key West,
Florida and the Department of Juvenile Justice Building - second floor.
The contract with Diversified Services of Key West, mc. contains ambiguous language as to the
term of the original agreement and allows for two one-year renewal options. The parties hereto
wish to clarify the contract term and exercise the first option to renew
I hereby recommend approval to amend and renew the contract with Diversified Services of Key
West., mc. for the janitorial services at the May Hill Russell Library, Key West, Florida and the
Department of Juvenile Justice Building - second floor.
JWKjjbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Diversified Services of Contract # -
Key West, Inc.
Effective Date: July 1, 2008
Expiration Date: June 30, 2009
Contract Purpose/Description: Amend and renew contract for
Janitorial services for the May Hill Russell Library and the Department of Juvenile
Justice Building - second floor
Contract Manager: Jo B, Walters 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 06/18/08 Agenda Deadline: 06/03/08
CONTRACT COSTS
T ota! Dollar Value of Contract: $ 51,217.20
Budgeted? Yes[2J No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $
001-20501-530-340-
001-20505-530-340-_
12,714.30
$1,561.50/mo
$2,706.60/mo
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In....~ Needed ~ I!. #viewer
~}f YesD NoL.::J . P .
&,:}-o-l YesDNori J]~&
D
Date Out
Risk Management
p JiL-
O.M.B./Purchasing 112-2. 66 Yes~ NoD
County Attorney sJ;}')/dr YesD No~
.t)utq, <.e.n't. ... ' .
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Comments: pD l-tn i cs.w M <0 ~... _. A
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~c:\
OMB Form Revised 2/27/01 MCP #2
AMENDMENT and 1st RENEWAL AGREEMENT
(JANITORIAL SERVICES - MAY HILL RUSSELL LIBRARY AND/OR
DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR)
TIllS AMENDMENT AND 1 ST RENEWAL AGREEMENT is made and entered into
this day of , 2008, between MONROE COUNTY (hereinafter "County"
or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, and DIVERSIFIED SERVICES OF KEY WEST, INC.
(hereinafter "Contractor"), a Florida corporation, whose address is 50- D 11 th Avenue, Key West,
Florida 333040.
WHEREAS, the parties hereto did on June 20, 2007 enter into an agreement for janitorial
services for the may Hill Russell Library and/or Department of Juvenile Justice Building, second
floor (hereinafter "Original Agreement"); and
WHEREAS, both parties desire to amend the Original Agreement to clarify ambiguous
language in Paragraph 4, TERM OF AGREEMENT; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and;
WHEREAS, the parties fmd that it would be mutually beneficial to enter into this 1 st
renewal agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth. below, the parties agree as follows:
1. Paragraph 4 of the Original Agreement is amended to read as follows:
TERM OF AGREEMENT
This Agreement shall commence on July 1,2007, and ends upon June 30, 2008,
unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional
two (2) one year periods at terms and conditions mutually agreeable to the parties,
exercisable upon written notice given at least 30 days prior to the end of the initial
term. Unless the context clearly indicates otherwise, references to the "term" of this
Agreement shall mean the initial term of one (1) year.
The Contract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all
Urban Consumers as reported by the U,S. Bureau of Labor Statistics for the previous
year using the most recently published indicator at December 31.
2. In accordance with Paragraph 4 of the Original Agreement, the County exercises the
option to renew the Original Agreement for the first of the two (2) one-year terms.
This term will commence on July 1, 2008 and terminate June 30, 2009; and the
amount shall be adjusted in accordance with the percentage change in the U.S.
Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers
as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous
year of 4.1 % with payments as follows:
May Hill Russell Library from $1,500.00 to $1,561.50 per month or
$18,738.00 annually; and
Department of Juvenile Justice Building - Second Floor from $2,600.00 to
$2,706.60 per month or $32,479.20.
3. Except as set forth in paragraphs 1 and 2 of this Amendment and 1st Renewal
Agreement, in all other respects, the terms and conditions set forth in the Original
Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
affC:CCTOR:
ature I
~llo8
DIVERSIFIED SERVICES OF KEY
WEST, INC.
BY~<.r{,t<~~ -e..l~
Prin~ame G.xIe.(i Q CAb(Q~
S---z/-o8
Date
Address: 50-D 11 th Avenue
Key West, FL 33040
Telephone Number: (305)294-4783
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JWENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
AGREEMENT FOR JANITORIAL SERVICES
MAY HILL RUSSELL LmRARY AND/OR
DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR
This Agreement is made and entered into this #- day of k , 2007,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political sObdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
DIVERSIFIED SERVICES OF KEY WEST, INC. ("CONTRACTOR"), a Florida
corporation, whose address is 50-D 11th Avenue, Key West, Florida 333040,
WHEREAS, COUNTY desires to provide janitorial services for the May Hill Russell
Library and/or the Department of Juvenile Justice Building - Second Floor: and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to the
May Hill Russell Library and/or the Department of Juvenile Justice Building - Second Floor;
and
\\'lIEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to the May Hill Russell Library and/or the Department of Juvenile Justice
Building - Second Floor, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document and its exhibits only.
2. SCOPE OF THE WORK:
MAY HILL RUSSELL LffiRARY
The Contractor shall furnish janitorial service, including all necessary supplies,
equipment, and safety devices required in the performance of same for the May Hill
Russell Library, located at 700 Fleming Street in Key West, Florida, consisting of
approximately 13,137 square feet.
A. Restroom sanitation shall include the following on a daily basis:
1, All floors swept, loose dirt removed.
Agreement
1
April 2007
JANITORIAL SERVICES
MAY HIU RUSSELL UBRARY anclfor DEPARTMENT OF JWENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
11. Wash and disinfect floor
lll. Stall partitions damp cleaned.
iv, All conunodes, urinals, basins and vanities shall be scoured and disinfected.
v. All urinal traps shall be specially cleaned and disinfected.
VI. All sanitary napkin receptacles will be cleaned, waste disposed, and
disinfected.
Vll. All supplies shall be replaced (paper goods, soap, etc.).
Vlll. All other work necessary to maintain a clean and sanitary condition in these
restrooms shall be accomplished, whether it is specifically noted in these
specifications or not.
NOTE: Key West Library has two (2) male public restrooms with one (1) toilet
and one (1) urinal each, two (2) female public restrooms with two (2) toilets each,
and one (1) employee restroom with one (1) toilet.
B. All sinks and water fountains outside the restroom areas are to be cleaned daily.
Water fountains are to be polished periodically.
C. General Cleaning shall be completed daily, and should include the following:
1. All tile floors are to be dusted and mopped,
it All furniture and furnishings to be dusted and spot cleaned,
lii. Low ledges, sills, rails, tables, shelving, baseboards, etc. to be wiped with a
damp cloth to reduce the amount of dust in the building,
iv. All trash receptacles emptied, and trash can liners replaced.
v. All upholster furniture to be vacuumed.
vi. All vinyl-covered furniture to be wiped.
vii. All carpeting shall be vacuumed with a powerful HEP A vacuum, such as the
Orik.
D. Weekly janitorial services to include:
1. All glass partitions, doors, mirrors, windows, etc, to be cleaned and/or
polished.
ii. Obvious scuffmarks shall be removed from resilient flooring.
iii. All door vents cleaned.
E. Monthly janitorial services to include:
1, All high dusting (i.e. pictures, door frames, air vents, tops of book shelves,
etc.)
11. All walls dusted monthly
Agreement
2
April 2007
, ,
JANITORIAL SERVICES
MAY HILL RUSSELL UBRARY anc1lor DEPARTMENT OF JWENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
111. All air conditioning vents, supply and return air grilles cleaned.
iv. All Venetian blinds on windows to be dusted.
F. The Contractor shall insure all exterior doors are locked while they are servicing
the building and upon their departure. The Contractor is not to let anyone in the
building except janitorial staff.
G. Janitorial services will be five (5) days a week, Monday thru Friday (excluding
holidays), beginning at 8:00 a.m., and finishing no later than the Library opening
time of 10:00 a.m. Should the Contractor need additional time to complete the
scope of work, a mutually agreed upon schedule between the Contractor and the
Library allowing the Contractor to start prior to 8:00 a.m. may be implemented.
H. The Contractor shall be responsible to coordinate the work with the County area
representative, John W, King, Senior Director, Lower Keys Facilities, contact
phone (305) 292-4431, Monday through Friday, 8:00 to 5:00 pm. The Contractor
shall perform the work during hours and time as specified.
I. Keys shall be issued to the Contractor by the area representative at the start of the
Contract. Written confirmation of receipt of keys shall be signed by the
Contractor. The Contractor shall return all keys as issued upon expiration of the
contract or termination.
J, The contractor shall be responsible for the cost of changing locks, etc" for all
keyed secured areas for which the Contractor does not return the keys.
K. The Contractor shall report any problems regarding open doors and/or vandalism
to the Facilities Maintenance Department, telephone (305) 292-4431 or (305) 292-
4436,
L. The Contractor shall provide all supplies necessary for the cleaning performance
of his work under the contract. All supplies, including but not limited to, hand
soap, paper towels, toilet paper, and trash can liners, shall be supplied by the
Contractor. The Contractor will be given access to 2 storage closets, one in the
10Wlge for their exclusive use and to which only they shall have the keys, and one
at the rear entrance where they may store pails, mops, and other needed supplies
and equipment.
M. Additional Services: (shall be performed once in every three month period, and
shall be included in the bidding price,)
i. Resilient Flooring shall be swept/dust mopped and stripped. After application
of three coats of wax, areas shall be buffed sufficiently for maximum gloss and
uniform sheen from wall to wall, including corners. The waxed floor shall
present a clean appearance free from scuff marks or dirt smears. Furniture
Agreement
3
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JWENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
and/or other equipment moved during floor stripping and waxing shall be
returned to their original positions.
11. Dry Cleaning, Steam Cleaning, or Shampooing Carpets and Rugs shall be
vacuumed of all loose soil and debris prior to cleaning, and shall be free of
streaks, stains and spots, and shall have a bright uniform color upon
completion of dry cleaning, steam cleaning or shampooing.
DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR -
APPROXIMATELY 20.000 SOUARE FEET
The Contractor shall furnish janitorial service, including all necessary supplies,
equipment, and safety devices required in the performance of same for the
DEPARTMENT OF JUVENILE JUSTICE BUILDING, SECOND FLOOR located at
5503 College Road, Key West. FL. Services listed below are to be conducted only
during the hours of 8:00 AM to 5:00 PM Monday through Friday. A mutually agreed
upon schedule will be developed with the minimum services to include, but not
limited to, the following:
A. GENERAL OFFICE CLEANING (two times per week)
i. Tile floors~ust mopped and/or damp mopped
ii, Furniture and Furnishings-Dusted and spot cleaned
iiL Low ledges, sills, rails & baseboards dusted and spot cleaned
iv, Trash emptied and liners changed
v. VacuUlD carpets
VI. Carpeting spot cleaned
B. RESTROOM SANITATION
i. Floors swept and loose dirt removed
11, Floor washed, disinfected and mopped
111, Stall partitions damp cleaned
iv. Conunodes, urinals, basins & vanities scoured and disinfected,
v, All supplies replaced with sufficient stock to last through the next
cleaning day (includes hand soap, paper towels & toilet paper)
VI. Trash receptacles emptied and liners replaced.
vii. Mirrors polished
(Monday through Friday)
C. PUBLIC AREAS/ HALL WAY /BREAKROOM (Monday through Friday)
1. Low ledges, sills, rails and baseboards dusted and spot cleaned
Agreement
4
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY andlor DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
n. Drinking fountains cleaned and polished
iii. Trash receptacles emptied and liners replaced
IV. Furniture and furnishings dusted and spot cleaned
v, Upholstered furniture vacuumed
vi. Tile floors dust mopped and/or damp mopped
D. FITNESS ROOM MAINTENANCE (Monday through Friday)
i. Same as RESTROOM SANITATION as described above
n. Vacuum and damp mop both tile and rubber matted flooring
111. Clean mirrors
IV. Low ledges, sills, rails and baseboards dusted and spot cleaned,
v. Drinking fountain cleaned and polished.
vi. Trash receptacles emptied and lined
vii. Clean all gym equipment seats and handles with disinfectant
viii. Clean all gym. equipment base/housing on a weekly basis
E. ELEVATOR MAINTENANCE (Monday through Friday)
1. Clean and disinfect interior car walls, holding bars, and push buttons
u, Vacuum and damp mop floor
iii. Vacuum door track
F. PERIODIC SERVICES
1. Floors waxed and buffed once a month
n, Floors stripped, refinished and buffed once per quarter
iii, All door vents cleaned weekly
iv. All high dusting-monthly
v. All interior windows washed every other week.
VI. Clean/Shampoo all carpeted areas once per quarter
vii. Clean all AlC vents in all offices and hallways once per month
viii. Sweep out, mop and dust STAIRWELLS once per month.
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
Agreement
5
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LI6RARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY. FLORIDA
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY
and upon submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears.
Acceptability to the Clerk is based on generally accepted accounting principles and
such laws, rules and regulations as may govern the Clerk's disbursal of funds,
D. Expenses for travel, lodging, per diem and other authorized expenses shall be paid
pursuant to Florida Statute 112.061 and Monroe County Ordinance.
E, MONTHLY FEE FOR JANITORIAL SERVICES FOR MAY HILL RUSSELL
LffiRARY: $1.500.00
ONE THOUSAND FIVE HUNDRED AND NO/tOO ----DOLLARS
AMOUNT WRfITEN OUT
F. MONTHLY FEE FOR JANITORIAL SERVICES FOR DEPARTMENT OF
JUVENILE JUSTICE BUILDING - SECOND FLOOR $2.600.00
TWO THOUSAND SIX HUNDRED AND NO/tOO
AMOUNT WRITTEN our
---DOLLARS
4. TERM OF AGREEMENT
This Agreement shall commence on July 1, 2007, and ends upon June 30, 2008, unless
terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two (2)
one year periods at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term. Unless the context
clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial
term of m'o (2) years,
The Contract amount shall be adjusted annually in accordance with the percentage change in
the U.S. Department of Commerce Consumer Price Index (Cpr-U) for all Urban Consumers
as reported by the U.s. Bureau of Labor Statistics for the previous year using the most
recently published indicator.
Agreement
6
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JWENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
s. ACCEPTANCE OF CONDmONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon
request.
6. FINANCIAL RECORDS OF CONTRACTOR
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.
7. 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.
8. HOLD HARMLESS AND INSURANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by CONTRACTOR occasioned by the
negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or
agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of this
agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates
of Insurance indicating the minimum coverage limitations in the following amounts:
Agreement
7
Apri12007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability, Coverage shall include all owned vehicles, all non-owned
vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits
of liability of not less than $100.000.00 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the COUNTY at the time of execution of this Agreement and certified copies provided if
requested, Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self. insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any Agreement entered into by the COUNTY be required to contain any provision
for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent and
not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or any
of his employees, subs, servants, or agents to be employees of the Board of COUNTY
Commissioners of Monroe COUNTY.
11. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. COUNTY or
CONTRACTOR agree to comply with all Federal and Florida statutes, and all local
Agreement
8
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
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 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 confidentiality of alcohol and drug abuse patient 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 maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Conunissioners
of Monroe County and CONTRACTOR, which approval shall be subject to such conditions
and provisions as the Board may deem necessary, This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or sub shall comply with all of
the provisions of this agreement. Unless expressly provided for therein. such approval shall
in no manner or event be deemed to impose any additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of. such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112,311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the
Agreement
9
April 2007
JANITORIAL SERVICES
MAY HILL RUSSEU LIBRARY and/or DEPARTMENT OF JUVENILE JUSTICE BUILDING _ SECOND FLOOR
MONROE COUNTY, FLORIDA
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 infonnation,
Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR
shall notify the COUNTY of any financial interest it may have in any and all programs in
Monroe COWlty which the CONTRACTOR sponsors, endorses, recommends, supervises, or
requires for counseling, assistance, evaluation, or treatment. This provision shall apply
whether or not such program is required by statute, as a condition of probation, or is provided
on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision, the
CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amOWlt of such fee, commission, percentage, gift, or consideration,
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any fonn of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulftll the tenns of this contract.
16. NOTICE REOUlREMENT
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 COl.iNTy:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, Fl. 33040
FOR CONTRACTOR:
Gudelio Cabrera (DirectorlManager)
Diversified Services of Key West, Inc.
50-0 11th Avenue
Key West, Florida 33040
Agreement
10
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JWENILE JUSTICE BUILDING _ SECOND FLOOR
MONROE COUNTY, FLORIDA
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Nwnber in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY or CONTRACTOR may tenninate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the
obligations of either party to perform the obligations emunerated under this
Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
19. 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 Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe County.
Florida,
20. MEDIATION
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, 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.
21. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circwnstance 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
Agreement
11
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL UBRARY anclfor DEPARTMENT OF JUVENILE JUSTICE BUILDING _ SECOND FLOOR
MONROE COUNTY, FLORIDA
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
22. ATIORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings, Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions betvveen representatives of each of COUNTY and
CONTRACTOR. 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
COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law,
24. 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.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been du1y authorized by all necessary COUNTY and corporate action,
as required by law.
Agreement
12
April 2007
JANITORIAl SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JWENILE JUSllCE BUILDING - SECOND FLOOR
MONROE COUNTY, FLORIDA
27. 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.
28. 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.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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.
30. 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.
31. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
32. NO PERSONAL 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,
Agreement
13
April 2007
JANITORIAL SERVICES
MAY HILL RUSSELL LIBRARY and/or DEPARTMENT OF JWENILE JUSTICE BUILDING _ SECOND FLOOR
MONROE COUNTY. FLORIDA
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.
33. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by
singing any such counterpart,
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement and
will not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date fIrst written above in four (4) counterparts, each of which
shall, Withoutproof or accounting for the other counterparts, be deemed an original contract.
1. ~
BOARD OF COUNTY COMMISSIONERS
OF~'W~OID~
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Mayor Mario Di Gennaro:r 0 ~
JUN 2 0 Z007 ~ )> ~
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Gudelio Cabrera. DirectorlMana2er
Print Name
Address: 50-D 11 th Avenue
Key West. FL 33040
Telephone Number: 305-294-4783
MONROE COUNTY ATTORNEY
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NON-COLLUSION AFFIDA VIT
I, GUDELIO CABRERA of the city of KEY WEST
according to law on my oath, and under penalty of petjury, depose and say that
1. I am DIRECTOR/MANAGER
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the bidder making the Proposal for the project described in the Notice for Calling for bids for:
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and that I executed the said proposal with full authority t do so:
2. 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 bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
bid opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made b the bidder 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 knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
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STATE OF: FLORTDA
COUNTY OF: MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~e.d.al:) Ca..brQJ'CL
who, after first being.~ by me, (name of individual signing) affixed hiSJher signature in
the space provided above on this ~ day of -rn~ 20~.
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NOTARY PUBLIC
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LOBBYING AND CONFLICT OF INTEREST FORM
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
EruTCS CLAUSE
DIVERSIFIED SERVICES OF KEY WEST Il1&rrants that he/it has not employed, retained
or otherwise had act on his/its 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.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion.,
deduct from the contract or purchase price, or otherwise recover, the fuB amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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STA TE OF FLORIDA
COUNTY OF MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Gu d..J. t t) Co.br'ttl.D...... who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this ~ day of
tn"1 ' 20 01 .
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NOTARY PUBLIC
My commission expires:
NOTARY PUBUC .STATE OP FLORIDA
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
DIVERSIFIED SERVICES OF KEY WEST INC
(Name of Business)
I. Publish a statement notifying employees that the lUllawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and speci1)ring the actions that
will be taken against employees for violations of such prohibition.
2. Infonn employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 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 contractual services that are under bid a
copy of the statement specified in subsection (I).
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
statement and will noti1)1 the employer of any conviction ot: or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance 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 a drug abuse assistance or rehabilitation
program ifsuch is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this finn complies fully with the above
requirements.
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