07/15/2003 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 18, 2003
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hanco~
Deputy Clerk (_J
At the July 15, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and Diversified
Services of Key West, Inc. to provide janitorial services at the Monroe County Tourist
Development Council administrative office commencing July 21, 2003 through July 20, 2006,
with an option to extend for an additional two year period.
Enclosed are two duplicate originals of the above mentioned for your handling. Should
you have any questions please do not hesitate to contact tbis office.
cc: County Administrator w/o document
County Attorney
Finance
File /
AGREEMENT
Af- '
THIS AGREEMENT, is made and entered into this 1.t.day of JUt- ~ ,2003,
between the Monroe County Board of County Commissioner (COUNTY), and
Diversified Services of Key West, Inc. (CONTRACTOR).
WITNESSETH
WHEREAS, the County wishes to enter into an agreement with Diversified
Services of Key West, Inc. to provide janitorial services for the Monroe County Tourist
Development Council administrative facilities;
NOW and THEREFORE, the parties hereto, for the mutual promises and
consideration hereinafter set forth, agree as follows:
I. SCOPE OF WORK
The CONTRACTOR shall provide janitorial services at 1201 White Street,
Suite 102, Key West, FL as follows:
Twice weekly maintenance of Administrative Office, approx 4,000 sq. ft.,
includes vacuuming carpets, light dusting, maintaining hard floors in rest
rooms (3) and kitchen area, cleaning of interior side of entrance door and
frames weekly/other interior doors and frames (plus window glass)
weekly, cleaning restrooms and trash removal to outside containers.
Supplies should include but not be limited to toilet tissue, paper hand
towels, hand soap.
The CONTRACTOR shall clean all interior windows upon request by the
Monroe County Tourist Development Council Administrative Office for an
additional sum of money outlined in paragraph 3, Payment.
2. TERM
The term of this agreement shall be for a period of three (3) years to
commence on July 21, 2003 and terminate on July 20th, 2006. This
agreement may be extended for an additional two (2) year term thereafter
at the option of COUNTY.
3. PAYMENT
The COUNTY shall pay to the CONTRACTOR for the performance of said
service on or before the 15th day of the following month. The
CONTRACTOR shall invoice the COUNTY monthly for janitorial services
performed under the Specifications contained herein.
The contract amount shall be as stated by the CONTRACTOR'S proposal as
follows: four thousand one hundred and forty dollars per year to be paid three
hundred and forty five dollars ($345.00) per month for the above mentioned
scope of services an additional charge of forty dollars ($40.00) will apply for
the cleaning of all interior windows as and when required. Monroe County's
Diversified Cleaning Services Agreement
performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC.
4. Termination: The contract can be terminated by either party without cause
with 30 days notice. BOCC may terminate immediately for cause
pursuant to paragraph 7, below. If not otherwise terminated, the contract
shall end on Julv 20th. 2006.
5. Accountinq: Records of Diversified Services of Key West, Inc. pertaining
to this project shall be kept on generally recognized accounting principals,
acceptable to Monroe County, and shall be available to the BOCC or to an
authorized representative for audit. Contractor shall retain all related
records for a period of three years after termination of this agreement.
6. Breach of Services: The parties agree to full performance of the
covenants contained in this contract, and the BOCC reserves the right at
its discretion, provided such breach is material, to terminate the services
provided in this contract for any misfeasance, malfeasance, or
nonperformance of the contract terms or negligent performance of the
contract terms by Diversified Services of Key West, Inc.
7. Indemnification and Hold Harmless: Diversified Services of Key West,
Inc. agrees to indemnify and hold Monroe County and the Monroe County
Tourist Development Council harmless for any and all claims, liability,
losses and causes of action which may arise out of its fulfillment of the
agreement. It agrees to pay all claims and losses, including related court
costs, and shall defend all suits filed due to the negligent acts, errors or
omissions of Diversified Services of Key West, Inc. employees and/or
agents.
8. Insurance: Upon execution of this agreement, the CONTRACTOR shall
furnish the Owner Certificates of Insurance indicating the following
minimum coverage limitations:
a. Comprehensive General Liability insurance with minimum limits of
$300,000.00 per occurrence.
b. Automobile Liability covering all vehicles to be used in the
fulfillment of the obligations of the CONTRACTOR, with limits of $50,000
per persons, $100,000 per accident for bodily injury, $25,000 for property
damage, and $5,000 medical payments.
c. Worker's Compensation as required by CH 440 F.S. and
Employer's Liability with a limit of no less than $100,000 per accident.
d. Surety bond with minimum limits of $10,000.00 per occurrence.
Monroe County and Monroe County Tourist Development Council are to
be named additional insured on both the General Liability and Auto
Liability Policies. The minimum coverage limitations must be maintained
through the contract.
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Diversified Cleaning Services Agreement
9. Taxes: The BOCC and TDC are exempt from Federal Excise and
State Florida Sales Tax.
10. Finances Charqes: The BOCC and TDC will not be responsible for any
finance charges.
11 . Relation of BOCC/TDC: It is the intent of the parties hereto that
Diversified Services of Key West, Inc. shall be legally considered as an
independent contractor and that neither it nor its employees or agents
shall, under any circumstance, be considered servants or agents of the
BOCC and TDC shall at no time be legally responsible for any negligence
on the part of said successful proposer, its employees or agents, resulting
in either bodily or personal injury or property damage to any individual,
firm, or corporation.
12. Assiqnment: Diversified Services of Key West, inc. shall not assign,
transfer, convey, sublet or otherwise dispose of this proposal, or of any or
all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior consent of
the BOCC and TDC.
13. Compliance with Laws - Nondiscrimination: Diversified Services of Key
West, Inc. shall comply with all federal, state, and local laws and
ordinances applicable to the work or payment for work thereof, and shall
not discriminate on the grounds of race, color, religion, sex, age or
national origin in the performance of work under this Agreement. This
Agreement shall be subject to all federal, state, and local laws and
ordinances.
14. Force Maieure: Diversified Services of Key West, Inc. shall not be
liable for delay in performance or failure to perform, in whole or in part, the
services due to the occurrence of any contingency beyond its control or
the control of any of its subcontractors or suppliers, including labor
dispute, strike, labor shortage, war or act of war whether an actual
declaration thereof if made or not insurrection, sabotage, riot or civil
commotion, act of public enemy, epidemic, quarantine restriction,
accident, fire, explosion, storm, flood, drought or other act of God, act of
any governmental authority, jurisdictional action, or insufficient supply of
fuel, electricity, or materials or supplies, or technical failure where
Diversified Services of Key West, Inc. has exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a
breach of this Agreement.
15. Governinq Law/Venue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitutes the entire agreement between the BOCC and TDC and
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Diversified Cleaning Services Agreement
Diversified Services of Key West, Inc. Venue of any court action filed
relative to this agreement shall lie in Monroe County, Florida.
16. Antisolicitation: Diversified Services of Key West, Inc. warrants that no
person has been employed or retained to solicit or secure this contract
upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the Monroe County
government or the TDC has any interest, financially or otherwise in
Diversified Services of Key West, Inc. or its subcontractors.
17 Disclosure: Diversified Services of Key West, Inc. shall be required to
list any or all potential conflicts of interest, as defined by Florida Statute
112 and Monroe County Ethics Ordinance. Diversified Services of Key
West, Inc. shall disclose all actual or proposed conflicts of interest,
financial or otherwise, direct or indirect, involving any client's interest
which may conflict with the interests of the BOCC and TDC.
18. Severabilitv: If any provision of the Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision other than those as to
which it is invalid or unenforceable, shall not be affected thereby; and
each provision of the Agreement shall be valid an enforceable to the
fullest extent permitted by law.
19. Notice: Any notice required or permitted under this Agreement shall
be in writing and hand-delivered or mailed, postage prepaid by certified
mail, return receipt requested, to the other party as follows:
FOR COUNTY
Monroe County TDC
1201 White St., 102
Key West, Florida 33040
FOR CONTRACTOR
Diversified Services of Key West, Inc.
D50 11th Ave Stock Island
Key West, Florida 33040
20. Ethics Clause: Contractor warrants that he/it has not employed retained
or otherwise had act on his/its behalf any former COUNTY office or
employee in violation of Section 2 or Ordinance No. 10-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of the provision the COUNTY may, at its
discretion terminate this contract without liability and may also, at 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 or present COUNTY officer or employee.
21. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not
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Diversified Cleaning Services Agreement
submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
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DIVERSIFIED SERVICES
OF KEY WEST, INC.
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MONROE COUNTY BOARD OF
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