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Item C03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Airports Bulk Item: Yes X No X Department: Florida Keys Marathon Airport Staff Contact Person: James R. "Reggie" Paros/6002 AGENDA ITEM WORDING: Approval to award reject all bids for janitorial services at Florida Keys Marathon Airport and re -advertise and exeet4e a eantfaetwith Kleen Masse' lne. to pfevi' ITEM BACKGROUND: See attached Additional Information Memo. PREVIOUS RELEVANT BOCC ACTION: The agreement with Birds of Paradise Cleaning Service expired effective December 31, 2006; on December 20, 2006, Board approved to extend the contract with Birds of Paradise Cleaning Service to continue to provide janitorial services at the Florida Keys Marathon Airport on a month -to -month basis pending response to an RFP. Funds for this service were approved during the budget process. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $P5 400 per- yen BUDGETED: Yes —X No — Airport User Fees and COST TO COUNTY: %25.5'� � eer--veaf SOURCE OF FUNDS: Tenant Rents REVENUE PRODUCING: Yes No AMT MONTH Year APPROVED BY: County Atty N/A OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: Revised 8/06 AGENDA ITEM # l., `i HOUSING AND COMMUNITY DEVELOPMENT FLORIDA KEYS MARATHON AIRPORT James R. "Reggie" Paros, Director/Manager 9400 Overseas Highway, Suite 200 Marathon, FI. 33050 Telephone: (305) 289-6002/289-6060 Facsimile: (305) 289-6071 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: James R. "Reggie" Paros, Director Housing and Community Development Florida Keys Marathon Airport Manager SUBJECT: Approval to reject all bids for janitorial services at Florida Keys Marathon Airport and re -advertise DATE: April 16, 2007 Bids for Janitorial Services at the Florida Keys Marathon Airport were opened at the Purchasing Department, Key West, on January 31, 2007. Three bids were received: Sherry's Cleaning Service - $15,548 per year; Kleen Master, Inc. - $25,500.00 per year; and Integrated Building Maintenance Services, Inc. - $47,220 per year. Sherry Frey dba Sherry Freys Cleaning was the lowest responsible bid. However, she has withdrawn her bid, see attached letter. A cleaning contract was prepared with Kleen Master, Inc., the next lowest responsible bidder. After the initial contact to confirm his interest in providing the service, Michael Greenspan, Kleen Master, Inc., was non -responsive to our requests for a start date. A letter was faxed to my office on April 17, 2007, explaining that he had been unable to obtain staffing and therefore declined the opportunity to provide the service. The present budget will not support the amount submitted from the highest bidder. It appears to be in the County's best interest to reject all bids and re -advertise for janitorial services at Florida Keys Marathon Airport. JRP/sd qt 16. 'VP I1153 �C Stale Secur ',i Seri 53i8 F 2 KLEEN MASTER, Inc. Quatlty Building Maintenance 1125 N E. 125 3TREEr NORTH MIAMI, FL 33161 (305) 961-0745 FAQ( t305) 357-3752 April 14, 2007 Marathon Keys Airport Barbara Ward 9400 Overseas Highway, Ste 200 Marathon, Florida 33040 Dear Barbara., 1n receipt of the package containing contract material pertaining to Bid 31-334-2007-PUR/CV. As per my letter dated April 9, 2007 we have been with due diligence attempting to put a team together to provide the services as requested in this bid. Since this bid vva submitted on January 2007 and Kleen Master was recently contacted late last month, it continues to be a challenge to obtain a staff on this short time frame The staff I had in place at time of submittal of bid and awaiting a decision had to be placed at ocher locations. As stated before, we have been with due diligence attempting to provide a quality staff, but have been unsuccessful Therefore, Kleen Master respectfully regrets and declines the opportunity to provide services at the Marathon Keys Airport. Yours truly, Michael Greenspan s } N _C O O 01 Y � 4L d U S � N C O C U N y U cO } L cO Q M4 L L a L L L a L L} L a o� Z Of a Q) a o Q) a a v a o s d O J o 0 p 0 0 0 j 0 S Q o O O Go o O F OF N� m N Z O Q N N M V n W M H Q W F- Q W L a U W n Y o W LL W O Q } p LL= O p p s 3 O N N z > U U' Z 0 m 0 o a Z Z O 1 c c c a Q H M LL C Zma L Fm Q m L~L J Q 7 o U pm C to 0� n u a Q Q O w W Ue Q W v U p p Ln O Z Qm L W L L 6 d L N C o O f U a p S I— m z LJ C to a- c c o c Z c > o a z a '1 Z v U aO+ C ' o .. n C U1 oil U) L L a U V�'1 VI iS O J LU v t vi -a uLO U U m N U) Q U D y T O } v @ O U LL w � � N L U o o o Y U) w m * H V) m i r �� r � .. -. iF r i �. Jd � _. � , �' _ } BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Airports Bulk Item: Yes X No Department: Florida Keys Marathon Airport Staff Contact Person: James R. "Reggie" Paros/6002 AGENDA ITEM WORDING: Approval to award bid and execute a contract with Kleen Master, Inc. to provide Janitorial Services at Florida Keys Marathon Airport, in the amount of $25,500.00 per year ITEM BACKGROUND: See attached Additional Information Memo. PREVIOUS RELEVANT BOCC ACTION: The agreement with Birds of Paradise Cleaning Service expired effective December 31, 2006; on December 20, 2006, Board approved to extend the contract with Birds of Paradise Cleaning Service to continue to provide janitorial services at the Florida Keys Marathon Airport on a month -to -month basis pending response to an RFP. Funds for this service were approved during the budget process. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $25,500 perms BUDGETED: Yes X No Airport User Fees and COST TO COUNTY: $25,500 perms SOURCE OF FUNDS: Tenant Rents REVENUE PRODUCING: Yes No AMT MONTH Year APPROVED BY: County Atty N/A OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 8/06 Included X Not Required AGENDA ITEM # HOUSING AND COMMUNITY DEVELOPMENT FLORIDA KEYS MARATHON AIRPORT James R. "Reggie"Paros, Director/Manager 9400 Overseas Highway, Suite 200 Marathon, FI. 33060 Telephone: (306) 289-6002/289-6060 Facsimile: (306) 289-6071 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of County Commissioners FROM: James R. "Reggie" Paros, Director Housing and Community Development Florida Keys Marathon Airport Manager SUBJECT: Award of bid and approval of contract with Kleen Master, Inc. for Janitorial Services at Florida Keys Marathon Airport DATE: March 28, 2007 Bids for Janitorial Services at the Florida Keys Marathon Airport were opened at the Purchasing Department, Key West, on January 31, 2007. Three bids were received: Sherry's Cleaning Service - $15,548 per year; Kleen Master, Inc., - $25,500.00 per year; and Integrated Building Maintenance Services, Inc. - $47,220 per year. Sherry Frey dba Sherry Freys Cleaning was the lowest responsible bid. However, she has withdrawn her bid, see attached letter. Therefore, we request to award the bid to the next lowest responsible bidder. The contract with Kleen Master, Inc., to provide janitorial services at the Florida Keys Marathon Airport, in the amount of $25,500 per year, is attached for the Board's approval. JRP/sd co U1 F 1 Z W CL p (0 Q (n fD LO CD lD o { 3 K rD vi n ai rt f1 S p 03 C� LA< In n Lo rn n ti a � 3 � m p 7 {o rD ° V a o < o rn z o ° ° (D O m o Z CC Cf)C ".* C %D r 0 00 19 C m -m-I p o n rn u D Z pia n � r2� LA co Z 3 m ��> o`O D n n O W�ZZ p p `+z�m s o v c='v n 0M'nm A '-4Mrl-0 - m n m> --I a U-1 -LP, -b� -b� -b% -bll- 3 3 o m a- 4�, W V � N ru NJD C Z + coo S Q ri W cn U1 k.D Lrn Ln N Ln 3 p ry -, o p 6 .o CO0.o D 2 °< 0 0 0 0 0 o r- O O-0 o-0 o ° Z S �< (D r� -0 CD (D�L7 -0 CD (D-1 3 3 full a N o (D o rD o rt C) rt W rt n s ::T 3 O Q � a p p 3 S FLORIDA KEYS MARATHON AIRPORT CLEANING CONTRACT THIS AGREEMENT, is made and entered into this 18th day of April, 2007 A.D., by and between MONROE COUNTY, FLORIDA ("Owner"), and Kleen Master, Inc., ("Contractor"). WITNESSETH: WHEREAS, the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. 1.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the RFP, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 2.0 SCOPE t:)I; '111E WORK The Contractor shall provide janitorial services as specified in Exhibit A. CONTRACTOR'S RESPONSIBILITIES: A. Supervision and Personnel The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. B. Parts, Materials, and Equipment It is expected that the Contract will be for labor, equipment and materials; the Contractor shall provide all waxes and cleaning material as needed to complete the assigned duties. The Owner shall provide all paper towels, hand soap for dispensers, trash bags for garbage and toilet paper for bathrooms. C. Records The Contractor shall record maintenance activities in a maintenance log, which shall contain all pertinent information. D. Other Suppliers The Contractor shall not employ any supplier or other person or organization whether initially or as a substitute, against whom the Owner may have reasonable objection. The contractor shall not be required to employ any supplier or other person or organization to furnish or perform any of the work against whom the Contractor has reasonable objection. The Contractor shall be fully responsible to the Owner for all acts and omissions of the suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the contract documents shall create any contractual relationship between the Owner and any such supplier or other person or organization, nor shall it create any obligation on the part of the Owner to pay or to see to the payment of any monies due any such supplier or other person or organization except as may otherwise by required by laws and regulations. E. Laws and Regulations The Contractor shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable laws and regulations, the Owner shall not be responsible for monitoring the Contractor's compliance with any laws or regulations. F. Taxes The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the project which are applicable during the performance of the work. G. Safety and Protection The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: All employees on the work site and other persons and organizations who may be affected thereby; All the work and materials and equipment to be incorporated therein, whether in storage on or off the site; and Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities. The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. 3.0 THE CONTRACT SUM The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the 30`h day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for services rendered in accordance with Exhibit A. The Contract amount shall be calculated by the Contractor's proposal as follows: $2,125.00 per month; $25,500.00 per year. 4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 2 B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner 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 Owner, 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 Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 5.0 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing April 18, 2007 and terminating April 17, 2008. B. The County shall have the option to renew this agreement after the first year, and each succeeding year, for three additional one year periods. The Contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12) months available. 6.0 HOLD HARMLESS The 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 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. 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. 7.0 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. 9 8.0 ASSURANCE AGAINST DISCRIMINATION 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 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 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 patent records; 8) Title V1II 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) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, 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. 9.0 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 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 subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed -upon price of the services/goods of the contractor. 10.0 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 4 agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 11.0 INSURANCE Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the following minimum coverage: Worker's Compensation in the amount of statutory limits Vehicle Liability - $100,000 combined single limit General Liability - $300,000 combined single limit Employee Dishonesty - $10,000. 12.0 FUNDING AVAILABILITY In the event that funds from Airports Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 13.0 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 14.0 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Airport Manager Florida Keys Marathon Airport 9400 Overseas Highway, Suite 200 Marathon, FL 33050 FOR CONTRACTOR: Michael Greenspan, President Kleen Master, Inc. 1125 NE 1251h Street N. Miami, FL 33161 15.0 CANC171-LATION A) The County may cancel this contract for cause with seven (7) days notice to the contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) 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. 16.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement is not subject to arbitration. a) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings 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. c) 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 within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 0 d) 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. 17.0 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. 18.0 RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 19.0 BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 20.0 AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 21.0 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. 7 22.0 CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 23.0 NO SOLICITATION/PAYMENT. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 24.0 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. 25.0 NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 26.0 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. 8 27.0 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 any participating entity, in which case the performance maybe 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. 28.0 NON-RELIANCI; 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. 29.0 ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and Drug -Free Workplace Statement. 30.0 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 Zn 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. 31.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 0 32.0 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 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) Attest: DANNY L. KOLHAGE, CLERK IN Date: (SEAL) Attest: Deputy Clerk Witness Signature Print Name Witness Signature Print Name 10 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: Mayor/Chairman KLEEN MASTER, INC. By: Contractor Signature Print Name Title: Date EXHIBIT A JANITORIAL SERVICES AT FLORIDA KEYS MARATHON AIRPORT It is expected that the Contract will be for labor, equipment and materials; the Contractor shall provide all waxes and cleaning materials as needed to complete the assigned duties. The Airport shall provide all paper towels, hand soap for dispensers, trash bags for garbage and toilet paper for bathrooms. With reference to the Florida Keys Marathon Airport terminal, 9400 Overseas Highway, Marathon, Florida 33050, provide janitorial services for the entire terminal building inside (with the exception of rental car counters and office space, and airline counters and office space) and under the canopies outside, as follows: DAILY INSIDE • Clean Is'floor bathrooms twice daily: once daily between the hours of 10:00 p.m. and 6:00 a.m.; and once mid -day between the hours of 11:00 a.m. and 1:30 p.m. Clean toilets, urinals, sinks, countertops, and remove all trash and other debris from the bathrooms; stock with supplies as needed. • Check and clean all glass doors. • Clean and check the departure lounge and remove all trash and debris daily. • Empty, and clean as necessary, all trash cans (1" floor and manager's office) and remove all trash immediately to the dumpsite. • Pick up trash, periodicals and other debris inside terminal building. • Sweep, vacuum and mop floors (1" and 2nd floors); terrazzo floors to be maintained in accordance with Terrazzo Maintenance Manual. • Clean 2nd floor bathrooms once a day before opening hours; stock with supplies as needed. • Spot clean floor smudges as necessary. • Wipe off and clean lounge furniture. • Wipe walls as needed. DAILY OUTSIDE • Empty and clean all trash cans and remove all trash to dumpsite. • Empty ash stands. • Pick up litter as necessary on walk -way in front of Airport. • Sweep and clean up walkways and curbs as needed (front). • Wipe off benches, mailboxes, courier box, etc., as needed. WEEKLY INSIDE • Wipe off and polish wood benches as needed. • Wipe off and polish wood handrails. • Wipe off and polish stainless steel items. • Vacuum all chair cushions and lounge seats as needed. • Dust and clean advertising brochure racks, pay telephone, mounted fish, display cases, etc. • Clean, dust and sweep out elevator. • Dust and clean all window sills 1" and 2nd floors. • Dust and clean furniture in manager's office suite. • Vacuum all chair cushions in manager's office suite. WEEKLY OUTSIDE • Sweep 2nd floor outside back deck. • Sweep and hose down walkways and curbs in front of terminal. • Wash I" floor glass at front two entry doors, and at both departure gates. A ll"'TT777 1%7 • Wash all I" floor and 2nd floor glass windows and doors inside and out. • Hose down 2°d floor outside back deck. • Wash inside of all glass windows with Bahama storm shutters. • Dust and clean baseboards in manager's office suite. OTHER • Maintain inventories of supplies and paper products. Coordinate ordering with manager's office. • Wash windows outside and accordion storm shutters every 6 months. • Shampoo 2nd floor carpets and stairway as needed. • Dust and clean overhead soffits as needed. • Water indoor plants and oversee their care, as directed. SPECIAL EVENTS • Monitor and clean-up as needed during and after Airport Terminal special events. 12 BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CIO PURCHASING DEPARTMENT GATO BUILDING ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 BID FROM: It ��._ s L� 1 <.12 BID PRICE: 5 -Z. � 2 � , Month 1 $ -=-' � Year The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: JANITORIAL SERVICES AT FLORIDA KEYS MARATHON AIRPORT The Contractor, in submitting the foregoing bid, agrees to comply with all contract specification documents. I acknowledge receipt of Addenda No. (s) (Check mark (�) items below, as a reminder that they are included.) I have included the Bid Proposal which includes: the Bid Form the Non -Collusion Affidavit the , Lobbying and Conflict of Interest Clause and the Drug Free Workplace Form In addition, I have included a cuuent copy of Monroe County Occupational License / Insurance Agents Statement , and all requirements as stated in Section One, Article 1.04 Paragraphs A through D (Print Name) Title) Mailing Address: I Z _ 't" )C­ 12 5 ` / Telephone: ' ,'-`%�..._ _-` �• _'_ Fax:,._ 551 1 i� Date: 1 0 Signed: Witnbs:�- 27 NON —COLLUSION AFFIDAVIT `- I, r �. i c •; E c __ JG of the city of according to law on my oath, and under penalty of perjury, depose and say that; J 1) I am /t L z - , u Fc" r : 4- • : L the bidder making the Proposal for the project described as follows: 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 by 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. STATE OF I A ' (Signature of Bidder) COUNTY OF i c. DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this �Jc2l day of My commission expires: NOTARY PUBLIC OMB - MCP FORM #1 NOTARY PUBLIG•STATE OF FLORIDA 5-1 ff Martha Beceiro Commission *DD396910 Expires; MAR, 28, 2009 Bonded Thru Admtic Banding Co,, Inc. 28 SWORN ST,\Ff NIFNT U.NDI;R ORDIN.A.WF. NO. 10-1490 MON R()l ; COt "'CITY, FLURTDA ETHICS i•.;_-=r� ___ _ _ _ . warrants 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 .o. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. - -- (signature) -- -- — I, Date: � �� 7 STATII ()I COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (: ; L & r � C' who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this �� _ day of 20 NIOT4AY PUBLIC My commission expires: NOTARY PUBLIC.ST_�TE OF FLORIDA Martha Beceiro Commission #DD396910 OMB -MCP FORM #4 Expires; MAI 28, 2009 Bonded Thru AclanhC Bonding Co., Inc. 29 DRUG -FREE WORKPLAC1. FORM The undersigned vendor in accordance with Florida Statute 297.087 hereby certifies that: (Name of Businc•�:,) i. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform 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 ernployee 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 notify the employer of any conviction of, or plea of guilty or nolo eontendere 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 if such is available in the �:mploy:;c'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 firm complies fully with the above requirements. STATE OF COUNI Y OF��-- (Signature of Bidder) Date P1:RSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this . -day of200-Z. NOTARY P BLIC; My commission expires: NOTARY PLULIC-STATE OF FLORIDA Martha Beceiro Commission # DD396910 Expires: MAR. 28, 2009 30 lionded Thru Atlantic Bonding Co., Inc. Mom M�v:i,_;r. Inc Bid-31-334-2007 Management Approach/Quality Control Plan Kleen Master is committed to providing high quality, affordable custodial services to the Florida Keys Marathon Airport. The following approach will be implemented to achieve this. At the corporate level, Kleen Master maintains active involvement in management. The corporate office wilt stay in constant contact with the designated team leader. In addition, the corporate office will have continuous dialogue with your representative. Also, a designated repru�,�k�ntative from the corporate office will make periodic visits. Some of site visits will be announced to staff, other visits will be unannounced surprise inspections. The team leader, at the project level, is ultimately responsible for the day-to-day completion of all tasks set forth within the scope of this contract. With the continuous open dialogue with corporate headquarters we will be able to detect or make corrective action before any negative trends or deficiencies occur. To ensure that negative trends or deficiencies do not occur, Kleen Master implements a comprehensive Quality Control Plan. This plan will ensure that all areas receive adequate attention and that the cleanliness of each area satisfies the Florida Keys Marathon Airport requirements. The following steps will be taken: • The team leader will inspect the entire facility on a weekly basis. Inspection checklists will be used.. • Cleaning frequencies will be adjusted based on the results of the weekly inspection. • The team leader will inspect all restrooms, high visible areas and high traffic areas daily, until Kleen Ma:,ter and the Florida Keys Marathon Airport quality standards are consistently satisfied. Then, the inspection schedule for these areas will be reduced to no less than twice weekly. Deficiencies or negative trends in performance will be noted on checklists and corrective action will be initiated. First, the team leader will order immediate reperformance of the task to achieve. Then the team leader will determine the cause of the negative trend and take corrective actions, which may include additional training, changes in procedures and equipment, and/or reassignment of personnel. These steps ensure that the Florida Keys Marathon Airport and Kleen Master performance standards are met throughout. Kleen '✓Iast,�r, Inc Bid-3i-334-2007 PERFORMANCE AND EXPERIENCE Kleen Master, Inc. has been serving South Florida for over 35 years. Our commitment to provide quality �,:;rvice remains our focal point of our success. It begins with open communication at the corporate level and continues with our team of employees. Our team is motivated and is trained to work together to achieve a common goal, customer satisfaction. City Of North Miami: Police Department 7 days per week providing service continuously from December 2003 to present. 700 N1.1,. 124 St.*tiorth Miami, Florida 33161 Debbie Falestra, Senior Buyer (305) 893-651 1 Ext. 2133 John Balane (305) 891-0294 50 Sate Security: 6 days per week providing continuous service for thirty (30) years to present. 1 125 NA . 125 St.''Nurth Miami, Florida 33161 John Williams, President (305) 891-7000 Ted Kretrschmar, (1 O (305) 891-7000 City of Fort Lauderdale: Fort Lauderdale Police Department 7 days per week providing service continuously from November 2004 to present. 1300 W. Broward Blvd.*Fort Lauderdale, Florida 33312 Joe Molucr, Building Supervisor (954) 828-6919 City orMiami Gardens: City Hall, Public Works Facilities 5 days of service from February 2005 to present. 1515 NW 167 St.*Miami Gardens, Florida 33169 Pam Thompson (305) 622-8000 These projects demonstrate that Kleen Master has successful comparable experience necessary to meet the standards and requirements of thejanitorial services for Pahn Beach County. In addition, these projects are relevant because it demonstrates Kleen Masters ability to perform and manage multiple facilities with high visibility as well as perform in highly sensitive and secured areas. Kleen Master, Inc. Bid-31-334-2007 Performance and Experience, continued In addition, Kleen Master also has received and is continumc, to execute other contracts involving ZD all aspects of janitorial services. The janitorial contracts include the following: Humana Health Care: 7 facilities throughout Dade/Broward Counties: 5 days per week providing service continuously for twelve (12) years to present. 2216 Hollywood Blvd.:: Hollywood, Florida 33020 Miguel Diaz, Maintenance Chief -Building Services (954) 926-2228 Wabash National Trailer Centers: Providing services 2 days per week. 17301 �:.W. 2''' Ave.*Miami, Florida 33169 Maggie Acosta. (305) 652-3660 Museum Of Contemporary Art Providing services 7days per week continuously from October 2004 to present. 770 N.P.. 125 St.*North Miami, Florida 33161 William Miranda, (305) 893-6211 Real Estate & Finance Inc: Providing custodial services and post -construction services for five (5) years to present. Property locations vary throughout Dade County. 11900 Biscayne Blvd.*Suite 9805'North Miami, Florida 33181 Larry Schneider, President (305) 710-4201 The above references are relevant as it represents and shows the ability of Kleen Master to provide general office cleaning as well as provide detailed cleaning for new construction facilities. Our commitment to customer satisfaction is evident by the long business relationship we share with all of our customers. In addition, Kleen Master has successfully fulfilled its contractual obligations with various Federal Agencies over our 35 years of service. Also, Kleen Master in recent past has successfully submitted bids to other local government agencies. Kl.:n Mu �.�r, Inc Bid-31-33'1-2007 (QUALITY CONTROL Kleen Master is dedicated to provide quality service. At the operating level, Quality Control begins with the assignment of motivated, qualified personnel who understand the necessity of providing quality service. The crvice team becomes a self -enforcing quality team. Team members participate in our quality control plan by inspecting each area cleaned before going on to the next area or task. At the corporate level, we are committed to establishing and maintaining superior relations with Professional Management, Inc. To enforce this approach, we will have continuous open communications with your designated representative. In addition, there will be unscheduled inspection; and periodic visits during cleaning hours. With these unscheduled visits, we will identify any deficiencies or trends that may result in deficiencies, and take immediate corrective measures. In addition, all of our employees are aware that Kleen Master is a drug free work place, and that we insist on providing a safe environment to work in. This is achieved through a comprehensive interview process that explains in detail of our zero tolerance for drug use and exercising extreme care and caution when performing tasks to provide a safe work environment Employees adhere to our policies and acknowledge them by signing several in house documents that remain in there file. Kleen Master, Inc. SAFETY AND HEALTH Universal precautions, labeling, and disposal procedures shall be contractor responsibilities. ]'he following stops'procedures will be followed: • Kleen Master is required to instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to their work environment to control or eliminate any hazards or other exposures to illness ur injury. l,niployees required to handle or use harmful substances shall be instructed regarding the safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required as conditions warrant throughout the Life of the contract. • If hazardous materials are to be disposed of off site, Kleen Master shall submit copies of permits from applicable Federal, State, or Local Authorities. The material will be transported, treated, stored, and/or disposed of in accordance applicable regulations. • Kleen Master shall take all necessary precautions to prevent injury to the public, building occupants, or damage to property of others. • Storing, positioning or use of equipment, tools, materials, and trash in a manner likely to present a hazard to the public or building occupants by its accidental shifting, ignition, or other hazardous qualities is prohibited. • No corridor., aisle, stairwell, door, or exit shall be obstructed or used in such a manner as to encroach upon routes of ingress or egress utilized by the public or any building occupant, or to present an unsafe or unhealthy condition to the public or any building occupant. • Work shall not be performed in any area occupied by the public or StateEmployees unless specifically permitted by the contract or CO and unless adequate steps are taken for the protection of the public or employee. • Accidents including but not limited to those resulting in treatment of an injury at a medical facility, response to the site by emergency medical personnel, or damage to property other than that of the Contractor shall be reported to the CO/COR by telephone within twenty-four (24) hours of the occurrence. A copy of each accident report, which the contractor or sub -contractors submit to their insurance carrier in regard to accidents in occurring in relation to this contract, shall be forwarded to the CO/COR as soon as possible.