Item C10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: ME 21, 2008 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person: John W. King 292-4431
AGENDA ITEM WORDING: Approval to award bid and execute a contract with Dependable
Janitorial & Building Maintenance, Inc. for janitorial services at the George Dolezal Library,
Marathon, Florida
ITEM BACKGROUND: Bids were opened April 17, 2008, three bids were received and Dependable
Janitorial, who is the current contractor, was the lowest bidder.
PREVIOUS RELEVANT BOCC ACTION: None
UVIN 1 KAUT/AGREEMENT CHANGES: New
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $6,240.00/annual
COST TO COUNTY: same
BUDGETED: Yes N/A No
SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Atty — OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 2/05
Included X Not Required
AGENDA ITEM #
M E M O R A N D U M
DATE: April 21, 2008
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — May 21, 2008 BOCC Meeting
Approval to Award Bid and Execute Agreement
Janitorial Services for George Dolezal Library, Marathon
Dependable Janitorial and Building Maintenance, Inc.
The second of two one-year options for janitorial services terminated April 30, 2008. Monroe
County put the janitorial services out to bid on April 17, 2008.
Three bids were received with Dependable Janitorial & Building Maintenance being the low
proposer.
I hereby recommend approval to award bid and execute a contract with Dependable Janitorial &
Building Maintenance, Inc. for janitorial services at the George Dolezal Library, Marathon' Florida
5 ri, l'�.
Enclosures
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dependable Janitorial
Contract #
Effective Date: 06/01/08
Contract Purpose/Description:
Expiration Date: O5/31/09
Janitorial services for the George Dolezal Library, Marathon, Florida
Contract Manager: Jo B. Walters
4549 Facilities Maint/Stop #4
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 05/21/08
Agenda Deadline: 05/0608
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,240.00 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ N/A
County Match: $ N/A
ADDITIONAL COSTS
2,080.00
Estimated Ongoing Costs: $
/yr For:
(Not included in dollar value above)
(e . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date Out
D; 4tto/I�n
Division Director �'�
Needed ev yr�
�7`iLG�—
Yes[:]No❑ ---
geRisk Manat�
O.M.B./Purchaing j 1E
Yes❑ NoO
County Attorney G3
Yes[] NopC15T
Comments:
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
AGREEMENT
FOR JANITORIAL SERVICES
GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this day of 2008
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
DEPENDABLE JANITORIAL & BUILDING MAINTENANCE, INC.
("CONTRACTOR"), a Florida corporation, whose address is Post Office Box 2456, Key
Largo, Florida 33037.
WHEREAS, COUNTY desires to provide janitorial services for GEORGE
DOLEZAL LIBRARY - MARATHON, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide janitorial services to
GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County, Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
janitorial services to GEORGE DOLEZAL LIBRARY - MARATHON, Monroe County,
Florida, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document and its exhibits only.
2. SCOPE OF THE WORK:
The Contractor shall furnish all labor, materials, equipment, tools, transportation,
services, and incidentals, to perform all the work necessary in accordance with the
specifications, i.e., janitorial service, including all necessary supplies, equipment, and
safety devices required in the performance of same for the GEORGE DOLEZAL
LIBRARY - MARATHON, located at 3251 Overseas Highway, consisting of
approximately 7,028 s.£
A. Restroom Sanitation shall include the following on a daily basis:
i. All Floors swept, loose dirt removed.
ii. Wash and disinfect floor
Stall partitions damp cleaned.
Agreement 1 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
iv. All commodes, urinals, basins and vanities shall be scoured and
disinfected.
V. All urinal traps shall be specially cleaned and disinfected.
vi. All sanitary napkin receptacles will be cleaned, waste disposed,
and disinfected.
vii. All supplies shall be replaced (paper goods, soap, etc.).
viii. All other work 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: GEORGE DOLEZAL LIBRARY - MARATHON has 1 male
public restroom with 1 toilet and I urinal, I female public restroom
with 2 toilets, and I employee restroom with 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:
i. All tile floors are to be dusted and mopped.
ii. All furniture and furnishings to be dusted and spot cleaned
iii. 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 carpeting shall be vacuumed with a powerful HEPA vacuum,
such as the Orek.
D. Weekly janitorial services to include:
i. All glass partitions, doors, mirrors, windows, etc. to be cleaned
and/or polished.
ii. Obvious scuff marks shall be removed from resilient flooring.
All door vents cleaned.
E. Monthly janitorial services to include:
i. All high dusting (i.e. pictures, door frames, air vents, tops of book
shelves, etc.)
ii. All walls dusted monthly
iii. All air conditioning vents, supply and return air grilles cleaned.
Agreement 2 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
F. The Contractor shall insure all exterior doors are locked while they are
servicing the building and upon their departure.
G. Janitorial services will be 4 days a week, Tuesday through Friday
(excluding holidays), anytime between the hours of 6:00 p.m. and
completion before the Library opening time of 10:00 am.
H. Coordination of the work with the County area representative shall be the
responsibility of the Contractor. The Contractor shall perform the work
during hours and 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.
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.
M. Additional Services: (Shall be performed once in every three month
period, and shall be included in the bidding price.)
1. 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 and/or other equipment
moved during floor stripping and waxing shall be returned to their
original positions.
ii. 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.
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 3 February 2008
JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act; payment will be made after delivery and inspection by COUNTY and upon
submission of a proper invoice by CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
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. The Contract amount shall be
as stated by the CONTRACTOR's bid as follows: Five Hundred twenty and no/100-----
Doilars ($520.00) per month ($6,240.00 per year).
4• TERM OF AGREEMENT
This Agreement shall commence on June 1, 2008, and ends upon May 31, 2009, 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 and shall be based
upon the CPI-U computation at December 31 of the previous year.
5. ACCEPTANCE OF CONDITIONS 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.
mweem m 4 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
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:
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law. In addition, the CONTRACTOR shall obtain Employers'
Liability Insurance with limits of not less than $100,000.00 bodily injury by accident,
$500.000.00 bodily injury by disease, and $100.000.00 bodily injury by disease, each
employee.
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. If single limits are provided, the minimum
acceptable limits are $50.000.00 per person, $10-0.000.00 per occurrence, and $25.000.00
property damage. Coverage shall include all owned vehicles, all non -owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with
limits of liability of not less than $300.000.00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. If single limits are provided, the
Hgreemem 5 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
minimum acceptable limits are $100.000.00 per person, $300.000.00 per occurrence, and
$50, 000.00 property damage.
The Contractor shall purchase and maintain, throughout the term of the contract,
EMPLOYEE DISHONESTY INSURANCE in the minimum amount of $10,000.00 per
Occurrence which will pay for losses to County property or money caused by the
fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting
alone or in collusion of others.
MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE
GENERAL LLMILITYAND PEHICLELL4BILITYPOLICIES.
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. 768.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any Agreement entered into by the COUNTY be required to
contain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or
any of his employees, subs, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. NONDISCRiMMATION
The parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin, 2) Title IX of the Education
Agreement 6 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC § 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VllI of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
12. ,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
Commissioners of Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated
by reference into any assignment or subcontract and any assignee or sub shall comply
with all of the provisions of this agreement. Unless expressly provided for therein, such
approval shall in no 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
%W`"Iluf" 7 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of
the COUNTY recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment
or contractual relationship; and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for
it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
15. NO PLEDGE OF CREDTI`
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
and
County Attorney
PO. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
Dependable Janitorial & Building
Maintenance, Inc.
Post Office Box 2546
Key Largo, Florida 33037
`yIm°ft"" 8 February 2008
JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON
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
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
18. TERMINATION
a. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
b. The COUNTY or CONTRACTOR may terminate this Agreement for
cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of
the obligations of either party to perform the obligations enumerated under this
Agreement.
C. Either of the parties hereto may cancel this agreement without cause by
giving the other party sixty (60) days written notice of its intention to do so with neither
party having any further obligation under the term s of the contract upon termination.
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 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
weemea 9
FeNniaty 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
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.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
23. ADJUDICATION OF 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
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 parry 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.
Agreement 10 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
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. PR LEGES AND EMAHJNITIES
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 OBLIGATION AND RFSPON$jp I WS
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-RELLAX�CE 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.
Agreement 11 February 2008
JANITORIAL SERVICES — GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
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, 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.
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.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on Ieases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, 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 CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
37. INCORPORATION OF RID DOCUJVIENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
38. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
Agreement 12
February 2008
JANITORIAL SERVICES - GEORGE DOLEZAL LIBRARY - MARATHON
MONROE COUNTY, FLORIDA
terminated and the County has no further obligation under the terms of this Agreement to
the Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, each of
which shall, without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Date:
Witnesses for CONTRACTOR:
Signature
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Agreement
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor Charles "Sonny" McCoy
Date:
DEPENDABLE JANITORIAL &
BUILDING MAINTENANCE, INC.
Si ature of person authorized to
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Date:
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February 2008