Item E18
BOARD OF COUNTY COMMlSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2008 Division: Public Works
Bulk Item: Yes -X-_ No - Department: fMlCorrections
Staff Contact Person/Phone No.: Bob Stone/289-60n
AGENDA ITEM WORDING: Approval to award bid and execute contract with Commercial
Laundry Equipment Company. Inc. for Laundry Equipment for the Monroe County Detention Center
on Slock Island.
ITEM BACKGROUND: On October 14, 2008, one bid was received for $32,994,00, This bid is
within the budgeted amount.
PREVIOUS RELEVANT BOCC ACTION: This project was included within the Capital
Improvement Probrrarn that was approved by the BOCC as part of the adopted budget for fiscal year
2008. Bid was advertised in FY '08 and received in FY'09
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above
TOTAL COST: $32,994.00 BUDGETED: Yes --X- No -
COST TO COUNTY: ---------'c'ilW1e _ SOURCE OF FlJNDS: Fund 304 - Caorlal IntTastru.ture Tax
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY, Co"nl, ^,,'It' ~';"'ing _ Ri'" M'M,,,,,,,,,, y' -
DOCUMENTA TlON: lncluded ~ Not Required_
DISPOSITION: - AGENDA ITEM /I
Revised JJOJ
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MEMORANDUM
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DATE: OCTOBER 27, 2008
TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR
FROM: BOB STONE, MIDDLE KEY OPERATIONS DlRECfOR -&
RE: LAUNDRY EQUIPMENT - MCDC
. <c .,~.... .....n....._. .. ..eu... ..,..... <<NU.. .. _'_UNO ..n....e~.__C .....,".<~,.~'"...e.
One bid was received on October 14, 2008 for providing and installing
laundry equipment at the Monroe County Detention Center on Stock
Island. Commercial Laundry Equipment Company, inc. provided the
lone bid for this project of $32,994.00, This is below the budget
estimated for this equipmentj project.
A telephone bid clarification conference was held with the contractor on
October 15, 2008 and it appears that Commercial Laundry has
provided a bid that complies with the bid documents. I consider
Commercial Laundry the only responsive, responsible bidder.
Therefore, award of bid and execution of contract to Commercial
Laundry Company, Inc. is recommended.
Attached are Commercial Laundry's insurance certificates and four
duplicate contracts, ready for final execution.
If there are any questions or more information is desired, please do not
hesitate to contact this office.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with" Commercial Laundry Contract #_
- .-
Equipment Company, lnc Effective Date: November 19, 200&
Expiration Date: Final Payment
Contract PurposelDescription:
Laun<t:Y.fuluipment - MCDC -~
--
--
I-- --
Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16
---
(Name) (Ext.) (Department/Stop #)
for BOeC meeting on 1 I/] 9108 A~enda Deadline: 11/04/08
COl\'TRACT COSTS
Total Dollar Value of Contract: $ 32,994.00 Current Year Portion: $ 32,994.00 ../'
Budgeted? Yes[2J NoD Account Codes: 304-26000-CP0604 -560640-_
Grant: $ N/A - - - -
-~~----
County Match $ N/A - - - -
---------
- - - -
-------
ADDITIONAL COSTS
Estimated Ongoing Costs: $600/yr For: Mai ntenance/Util ities
(Not included in dollar value above) (eg. maintenance. utilities, janitorial, salaries. etc.)
CONTRACT REVIEW
Date Out
F1~ )n 4-~
Division Director , ~~
Risk Manage~ent ~ [Q:3/d Ig~1 ,dS'
fJLL ~.~ \ ILf{
OM.B.lPurc a~g rl-3";'6'
County Attorney /(J~r/(/1 YesD N~
Comments
OME Fonn Revised 2127101 MCP #2
AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this ~ day of November.2008.
by and between MONROE COUNTY. FLORJDA, ("'County"), 1100 Whitehead Street, Key
West, Florida, and Commercial Laundry Equipment Company. Inc.
("Contractor") whose address is 1114 53'd Court South. West Palm Beach. FL 33407
WITNESSETH:
The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a part,
consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of the Agreement, the Request for Bid, the
Specifications, all Change Orders and any addenda, the Contractor's Bid documents. any
other amendments hereto executed by the parties, together with the required County
documents furnished as part of the Bid or required to be furnished by the BID, and all
required insurance documentation.
3. SCOPE OF THE WORK - Laundry Equipment - MCDC, 5501 College Road, Key
West, Florida 33040.
A. The Contractor shall perfonn all of the work required, implied or reasonably inferable
from this agreement. The tenn "work" shall mean whatever is done by or required of the
contractor to perform and complete its duties under this agreement, including the
following: construction of the whole or a designated part of the project; furnishing of any
required surety bonds and insurance; and the provision or furnishing of labor,
supervision, services, material, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, the payment of any applicable sales and use taxes;
procurement and payment of any required pennits from local, state or Federal authorities
having jurisdiction, royalties and product license fees; fueL heat, light, cooling, and all
other utilities as required by this contract. The work to be performed by the contractor is
generally described as follows:
The work includes the removal and proper disposal of two commercial drying tumblers;
removal and proper disposal of one commercial washer/extractor. Complete installation
of two new commercial drying tumblers and the complete installation of one new
commercial washer/extractor, as contained and described within the Contract Documents.
4. THE CONTRACT AMOUNT
A. The OlNller shall pay the Contractor in current funds for the Contractor's perfonnance
of the Contract per Paragraph 4.B of which follows, the Contract sum of thirty two
thousand nine hundred ninety four and 001100 Dollars ( $32.994 ).
I Laundry Equipment - MCDC
B. This paragraph specifies administrative and procedural requirements necessary to
prepare and process Applications for Payment
1. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-type,
contractor's construction schedule. Submit to Owner for approval within ten days
after the date of Notice to Proceed.
a. Provide a separate time bar for each significant construction activity.
Provide a continuous vertical line to identify the first working day of each
week.
b. The time line between the Notice to Proceed and substantial completion
is not to exceed ninety days.
2. Application for Payment: Due to the anticipated short installation time frame,
only one payment will be made to the Contractor. When the final work is
accepted by the owner, the contractor shall invoice the County for full and final
payment.
A. The O"ller may decline to make payment, may withhold funds, and if
necessary, may demand the return of some or all of the amounts previously
paid to the contractor, to protect the owner from loss because of:
1. defective work not remedied by the contractor nor, in the opinion of the
owner, likely to be remedied by the contractor;
1. claims of third parties against the O"ller or the owner's property;
3. failure by the contractor to pay subcontractors or others in a prompt
and proper fashion;
4. evidence that the balance of the work cannot be completed in
accordance with the contract for the unpaid balance of the contract price;
5. persistent failure to carry out the work in accordance with the contract:
6. damage to the owner or a third party to whom the owner is, or may be,
liable.
In the event that the owner makes written demand upon the contractor for
amounts previously paid by the owner as contemplated in this subparagraph,
the contractor shall promptly comply with such demand.
3. When all of the work is finally complete and the contractor is ready for a
final inspection, it shall notify the owner and the owner thereof in writing.
Thereupon, the owner will make final inspection of the work and, if work is
complete in full accordance with this contract and this contract has been fully
performed, the owner will promptly issue a final certificate for payment certifying
that the project is complete and the contractor is entitled to the remainder of the
2 Laundry Equipment - MCDC
unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final
completion of the work. If the owner is unable to issue its final certificate for
payment and is required to repeat its final inspection of the work, the contractor
shall bear the cost of such repeat final inspection(s), which cost may be deducted
by the owner from the contractor's final payment.
4. The contractor shall not be entitled to final payment unless and until it
submits to the owner and the owner its affidavit that all payrolls. invoices for
materials and equipment, and other liabilities connected with the work for which
the owner, or the owner's property might be responsible, have been fully paid or
otherwise satisfied; releases and waivers of lien from all subcontractors of the
contractor and of any and all parties required by the owner.
5. Acceptance of final payment by the contractor shall constitute a waiver of
all claims against the o\!mer by the contractor except for those claims previously
made in writing against the owner by the contractor, pending at the time of final
payment, and identified in writing by the contractor as unsettled at the time of its
request for final payment.
C. Final payment, constituting the entire unpaid balance of the Contract Amount, shall
be made by the Owner to the Contractor when the Contract has been fully pertormed by
the Contractor.
5. PRODUCT SPECIFICATION
5.LI SECTION INCLUDES
A. Washer extractors.
B. Drying Tumbler
5.1.2 REFERENCES
A. UL Certification: Provide electric equipment and components that are
evaluated by UL for fire, and electric shock according to applicable safety
standards and that are UL certified for compliance and labeled for
intended use.
B. NFP A 54 - National Fuel Gas Code.
C. NFP A 70 - National Electrical Code.
5.1.3 SUBMITTALS
A. Submit for owner review prior to ordering equipment:
1. Manufacturer's data sheets on each product to be used, including:
2. Preparation instructions and recommendations.
3. Storage and handling requirements and recommendations.
B. Shop Drawings - Submit for owner review prior to ordering equipment:
] Laundry Equipment - MCDC
Include plans, elevations, sections, roughing-in dimensions, fabrication
details, utility service requirements, and attachments to other work.
C. Coordination Drawings - Submit for owner review prior to installation:
Indicate locations of laundry equipment and connections to utilities. and
clearance requirements for equipment access and maintenance.
D. Operation and Maintenance Data - Submit to owner prior to final payment:
For laundry equipment to include in emergency, operation, and
maintenance manuals. Include a schedule with the following:
1. Designation as provided by owner.
2. Manufacturer's name and model number.
3. List of factory-authorized service agencies including their
addresses and telephone numbers.
5.1.4 DELIVERY, STORAGE, AND HANDLING
A. Store equipment on site prOlected from weather, direct sunlight and
temperature extremes. Do not remove packaging prior to storage.
B. Consult manufacturer if machines are to be stored for an extended period of
time.
5.1.5 PROJECT CONDITIONS
A. Maintain environmental conditions (temperature, humidity, and ventilation)
within limits recommended by manufacturer for optimum results. Do not
install products under environmental conditions outside manufacturer's
absolute limits.
5.1.6 WARRANTY
1. Washer Extractor Parts Only: Manufacturer's standard form in which
manufacturer agrees to repair or replace any part of the equipment
assembly that fails within specified warranty period.
A. Warranty period: Three years from date of Substantial
Completion.
B. Washer Extractor Parts anI y. Mainframe and Cylinder Shaft
Assembly Warranty.: Manufacturer's standard form in which
manufacturer agrees to repair or replace main frame. bearing,
cylinder or cylinder shaft assembly that fails within specified
warranty period.
2. Dryer Tumbler Parts Only: Manufacturer's standard fonn in which
martufacturer agrees to repair or replace any part of the equipment assembly
that fails within specified warranty period.
A. Warranty Period: Three years from date of Substantial
Completion.
5.2 PRODUCTS
4 Laundry Equipment - MCDC
5.2.1 MANUFACTURERS
A. Acceptable Manufacturer: UniMac/AlIiance Laundry Systems, which is
located at: Shepard S1. P. O. Box 990; Ripon, WI 5497]-0990; Toll Free
Tel: 800-587-5458; Fax: 920-748-1664.
5.2.2 MA TERlALS
A. Washer Extractors - Stainless Steel: ASTM A 666, Type 304 with No.4
finish (directional satin finish) on exposed surfaces.
B. UX WASHER EXTRACTOR AND VT DRYING TUMBLER MODEL
AND COMPONENTS
1. Model No. UX75PV: One Required
a. Capacity: 75 lb (34 kg).
b. Cylinder Volume: 10.8 cu. ft. (305 L).
c. Extract G Force: 30-475.
d. Water Inlet Valves and Size: 3 at 3/4 in (19 mm).
e. Drain Valves and Diameter: ] at 3 inches (76 mm).
f. Drive Motor: 5.25 hp.
g. Electrical Requirements: 440v-480v/60HzJ3phase.
h. Frame: Heavy-duty structural steel A-frame.
1. Construction: Cylinder, tub and front panel, 304-grade
stainless steel.
J. Control System: Two programming methods including the
keypad and Windows based PC; 99-cycle capacity, capable
of precise temperature controlled fills, thermal cool down,
overnight soak, cycle count and time remaining display.
k. Cylinder Drive: 6 speed, inverter controlled, direct drive
V -belt with rotation sensing.
1. Heavy Duty Suspension System
m. Chemical Supply System:
1. Manually filled 3 compartment dry chemical
dispensing system.
2. Automatic flushing and connections for 8 external
supply lines and control signals for 6 external
supplies.
n. Drain Valve: Automatically opens in event of power
failure
o. Softmount
2. Drying Tumbler Model No. UT120: Two Required
a. Construction: Heavy duty embossed steel with
electrostatically applied baked enamel finish.
b. Control System: Programmable microprocessor with 8
auto drying cycles, ability to time dry, including variable
temperature settings and wrinkle free at end of cycle until
door opens or maximum of 60 minutes.
c. Lint Filter: Self cleaning, depositing lint to large storage
area at bottom of tumbler.
5 Laundry Equipment - MCOC
d. Capacity: 120 lb (54.4 kg).
e. Lint Filter: 1301 sq. in (8394 sq. em).
f Cylinder Drive: Reversing cylinder.
g. Door: High grade stainless steel door with rubber gasket
and heavy duty hinge.
h. Heat Source: Gas Heated - Propane
i. Exhaust Size: lOin (254 mm).
1. Air Flow Indicator
J. Load Ready Light
k. End Cycle Buzzer
L Electrical Requirements: 440v/60Hz/3phase.
5.3 EXECUTION
5.3.1 EXAMINATION
A. Do not begin installation until substrates have been properly prepared.
B. PREPARATION
1. Clean surfaces thoroughly prior to installation.
2. Prepare surfaces using the methods recommended by the manufacturer
for achieving the best result for the substrate under the project
conditions.
C. INST ALLA nON
I. Install in accordance with manufacturer's instructions. Connect all
required utilities.
2. Machine access is through the Main Recreation Yard, therefore a crane
will be required for removal of existing machines and the installation of
new machines. All transportation, hoisting, removal and installation
cost, all-inclusive. are the responsibility of the contractor.
3. System Startup and Commissioning: Arrange for a local manufacturer's
representative to inspect machines prior to startup and operation.
Contractor to perform start-up, testing of equipment and provide in-
service training.
4. All work is to be coordinated with and through the owner.
C. PROTECTION
1. Protect installed products until completion of project.
2. Touch-up, repair or replace damaged products before Substantial
Completion.
6. WARRANTY
6 Laundry Equipment - MCDC
A. The contractor warrants to the owner that all labor furnished to progress the work
under this contract \\ill be competent to perform the tasks undertaken, that the product
of such labor will yield only first-class results, that materials and equipment furnished
will be of good quality and new unless otherwise permitted by the contract, and that the
work will be of good quality, free from faults and defects and in strict conformance with
the contract and warrant same for a period of one year commencing at final completion.
This one-year warranty is inclusive of all Jabor, transportation, equipment ~d material
cost with no cost to the owner and is in addition to any Manufactures standard
warranties. All work not conforming to these requirements may be considered
defective.
7. CHANGES IN THE WORK
A. Changes in the work within the general scope of this contract, consisting of
additions, deletions, revisions, or any combination thereof, may be ordered without
invalidating this agreement, by change order or by field order.
B. Change order shaH mean a written order to the contractor executed by the owner,
issued after execution of this agreement, authorizing and directing a change in the work
or an adjustment in the contract price or the contract time, or any combination thereof.
The contract price and the contract time may be changed only by change order.
C. Any change in the contract price resulting from a change order shall be
detennined as follows: (a) by mutual agreement between the owner and the contractor as
evidenced by (1) the change in the contract price being set forth in the change order, (2)
such change in the contract price, together with any conditions or requirements related
thereof, being initialed by both parties and (3) the contractor's execution of the change
order, or (b) if no mutual agreement occurs between the owner and the contractor, then
the change in the contract price, if any, shaH then be determined by the owner on the
basis of the reasonable expenditures or savings of those performing, deleting or revising
the work attributable to the change, including, in the case of an increase or decrease in
the contract price, an allowance for direct job site overhead of 5%, and profit 5% will be
utilized.
D. The execution of a change order by the contractor shall constitute conclusive
evidence of the contractor's agreement to the ordered changes in the work, this
agreement as thus amended, the contract price and the contract time. The contractor, by
executing the change order, waives and forever releases any claim against the owner for
additional lime or compensation for matters relating to or arising out of or resulting from
the work included within or affected by the executed change order.
8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. This Agreement and the provision of the services at the location listed have been
fully considered by the Contractor, who understands the same and agrees to their
sufficiency and suitability. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor.
7 Laundry Equipment - MCDC
B. The passing, approval, and/or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Failure on the part of the Contractor, immediately after Notice to Correct 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
reason of the Contractor's breach of this Contract andlor his failure to comply strictly
and in all things with this Contract and with the specifications.
9. HOLD HARMLESS
The Contractor covenants and agrees to indemnify EIl1d 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 the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event that the service is delayed or suspended because of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County
fTOm any and all increased expenses or lost revenue resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. The provisions of this section shall survive the expiration or earlier
termination of this agreement.
10. 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.
n. ASSURANCE AGAINST DlSCRIMINA nON
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
12. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
8 Laundry Equipment - MCDC
MOlU'oe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incolporated by
reference into any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly provided for
therein, such approval shall ill 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 and compensation to County.
13. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by
all statutes, ordinances, rules and regulation 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 regulations shall constitute a material breach of this
agreement and shall entitle the Board to tenninate this contract immediately upon delivery
of wrihen 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.
14. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the Contractor shall furnish to the County Certificates of Insurance
indicating the minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
.. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $500,000 per
person; $500,000 per Occurrence; and $500,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is changed to or provided
on a Claims Made Policy, its provisions should include coverage for claims filed on
or after the effective date of this contract. In addition, the period for which claims
may be reported should extend for a minimum of 48 months following the
termination or expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
. Owned, Non.Owned. and Hired Vehicles
9 Laundr'jl Equipment - MCDC
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $100,000 per
Person; $300,000 per Occurrence; and $50,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain a
minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and Certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
15. CONTRACTOR'S RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed herein, subject to the terms and conditions set forth in these
contract doctunents. Contractor shall at all times exercise independent judgment and
shall assume responsibility for the services to be provided.
16. NOTICE REQUIREMENT
Any notice required or permined under this agreement shall be in 'WTiting and hand
delivered or mailed, postage prepaid, to the other pari)' by certified mail. returned receipt
requested, to the following:
FOR COUNTY
Director, Middle Keys Operations
MOlioe County Facilities Maintenance
10600 Aviation Blvd.
Marathon,FL 33050
10 Laundry Equipment - MCDC
AND
MOilloe COWlty Administrator
1100 Simonton Street
Key West, fL 33040
FOR CONTRACTOR OR REPRESENTATIVE AT JOB SITE
Commercial LaWldry Equipment Company, Inc. FOREMAN
1114 53,d Court South
West Palm Beach. FL 33407 -
Notice shall be deemed received when hand delivered, delivered by mail, or when
deemed undeliverable by the U.S. Postal Service.
17. CANCELLA TlON
A) In the event that the Contractor shall be found to be negligent in any aspect of
installation, stocking, maintenance, repair, or service, the COWlty shall have the
right to terminate this agreement after five days written notification to the
Contractor,
B) This contract may be terminated for convenience by County upon ten
(10) days written notice to contractor delivered by hand or certified mail, return
receipt requested, of intent to terminate and the date on which such
termination hec{Jmes effective. Contractor shall cease work as directed. In such
case, Contractor shall be paid for all work executed and termination expenses,
and expenses incurred prior to termination. No payment shall be made for profit
for work which has not been performed.
18. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, 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 the agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe COWlty, Florida. This Agreement shall not be subject to arbitration.
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.
19. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
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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 or not paid to County
pursuant to this Agreement were spent for purposes not authorized by this Agreement or
wrongfully retained by Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to
have been paid.
20. 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 any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
21. 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 anomey's fees, court costs,
investigative, and out-of-pocket expenses in appellate proceedings.
22, BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shaH bind and inure
to the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
23. 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 or individual action, as required by law.
24. 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
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applications, requests, grant Bids, and funding solicitations shall be approved by each
party prior to submission,
25. 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 each of the parties. If no
resolution can be agreed upon \vithin 30 days after the first meet and confer session, the
issue or issues shall be discussed at 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. This provision does not negate or waive
the provisions of Paragraph 17 concerning cancellation.
26. COOPERA nON
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.
27. NONDlSCRIMINA nON
County and Contractor agree that there will be no discrimination against any person, and
it is expressly understood that upon a detennination 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 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 ] 685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC 5. 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] 970 (PL 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, S8. 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 VIIJ of the Civil Rights Act of 1968 (42
use 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. 120] NoteO, 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
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which may apply to the parties to, or the subject matter of, this Agreement. Monroe
County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race. color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age. I]) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
28. 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 only interest of each is to perform and receive benefits as
recited in this Agreement.
29. 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 Statues, 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.
30. 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 lhe County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or othern'ise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
31. 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 contra]
subject to the provisions of Chapter 119, Florida Statues, 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.
32. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, 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 go'vemment liability
14 Laundry Equipment - MCDC
insurance pool coverage shall not be deemed a waiver of inununity to the extent of
liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
33. 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 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 performance of such functions and duties of such officers agents, volunteers,
or employees outside the territorial limits of the County.
34. LEGAL OBLIGATIONS 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 and participating entity, in which case the perfonnance may be
offered in satisfaction of the obligation or responsibility. Funher, 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 permined by the Florida constitution,
state statute, and case law.
35. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the tenus, or any of them, of the
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.
36. ATTEST A nONS
Contractor agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Slatement, and a Drug-Free
Workplace Statement.
37. 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
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38. EXECUTION IN COUNTERPARTS
This Agreement mllY 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 any of the parties hereto may execute this Agreement by signing any such
counterpart.
39. 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.
40. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
Remainder of page intentionally left blank
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.
IN WITNESS WHEREOF the parties 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) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date:
(SEAL) ~ / / /J CONTR.AC_~~R _
AttestC/-i{& ~ c-/ / ~
B, fE~i .~ B: ?lrlt~... . -
Title: ~).1 Title: f?r~
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N~!.~Y PL1lUCSr:ATE OF FLORIDA ~ . Lh."A
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f "'" ~Commissioo #OD764126
<..,......,.,-' Expires: APR. 07, 2012
BONDF.D THRU ATLM'11CBOND~GCO..INC. LU;($ -,;; Ie Il. 65
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