07/21/1999 Agreement
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BRANCH OFFICE
3117 OVERSEAS HtGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 O-..sEAS fITGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Lynda M. Stuart, Office Manager
Tourist Development Council
Isabel C. DeSantis, Deputy Clerk~. C. [j-.
August 20, 1999
FROM:
DATE:
At the July 21,1999 County Commissioner Meeting, the Board granted approval
and authorized execution of an Agreement between Monroe County and Diversified
Services Corporation, In<. to provide janitorial services Cor the Mou~ County Tourist
Development Council administrative facilities commencing on July 21~ 1999 and
terminating on July 20, 2002 in an amount of $345.00 per month with; additional $40.00
for cleaning interior windows when required.
Enclosed please rmd two fully executed copies of the above contract; one for
return to your contractor, and one for your meso
H you have any questions concerning the above, please do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Fmance - Karin Goddard
County Administrator, w/o document
File
AGREEMENT
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Diversified Cleaning Services Agreement
pursuant to paragraph 7, below. If not otherwise terminated, the contract
shall end on July 20th, 2002.
5. Accounting: Records of Diversified Services Corporation, 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 Corporation, Inc.
7. Indemnification and Hold Harmless: Diversified Services Corporation,
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 Corporation, 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.
9. Taxes: The BOCC and TDC are exempt from Federal Excise and
State Florida Sales Tax.
10. Finances Charges: The BOCC and TDC will not be responsible for any
finance charges.
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Diversified Cleaning Services Agreement
11. Relation of BOCCfTDC: It is the intent of the parties hereto that
Diversified Services Corporation, 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. Assignment: Diversified Services Corporation, 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
Corporation, 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 Majeure: Diversified Services Corporation, 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 Corporation, Inc. has exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a
breach of this Agreement.
15. Governing LawNenue: 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
Diversified Services Corporation, Inc. Venue of any court action filed
relative to this agreement shall lie in Monroe County, Florida.
16. Antisolicitation: Diversified Services Corporation, 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
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Diversified Cleaning Services Agreement
government or the TDC has any interest, financially or otherwise in
Diversified Services Corporation, Inc. or its subcontractors.
17 Disclosure: Diversified Services Corporation, 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 Corporation,
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 SOCC and TDC.
18. Severability: 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 Corporation, Inc.
512 Front Street
Key West, Florida 3040
TDC/County shall give notice to Provider of any meetings on which is an
agenda item pertaining to Fishing Umbrella.
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
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
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Diversified Cleaning Services Agreement
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 YVfTNESS WHEREOF, the parties have executed this agreement the day and year
ftrstabove written.
/.\>
o I\/. IFIED SERVICES
CORPORATION, INC.
(SEAL)
Attest:
Clerk
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Approved as to form and legal sufficiency:
Date:
5
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Contractor to
maintain the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate oflnsurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction .
#4709.3
14
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
Administration Instruction
#4709.3
15
1996 Edition
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETIVEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee
Dishonesty Insurance which will pay for losses to County property or money caused by the
fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or
in collusion of others.
The minimum limits shall be:
$10,000 per Occurrence
EDt
Administration Instruction
#4709.3
44
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is 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 twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GLl
Administration Instruction
#4709.3
53
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
1996 Edition
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
VLl
Administration Instruction
#4709.3
80
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the 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 a 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.
wet
Administration Instruction
#4709.3
87
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Administration Instruction
#4709.2
102