Okaloosa County BOCC — October 5, 2013 — C08-1592-TDC[1] — reading text

County Commissioner’s office for proper distribution as outlined in the Sate of Florida Statutes. All employees of the CONTRACTOR shall be properly identified at all times while on duty. Undue talking or visiting with citizens, except on official business, while on duty is forbidden. Section 1.6 BATHROOM CLEANING SCHEDULE. The County has established a cleaning schedule for the park’s bathrooms that are covered by this contract. This cleaning schedule (attachment Exhibit I) shall be accepted by the CONTRACTOR by the signing of this contract. A. The first or initial daily cleaning of the bathrooms shall be completed in the morning as early as possible of each cleaning day. In the event the cleaning of the bathrooms cannot be performed due to causes which are beyond the control and not the fault of the CONTRACTOR, the CONTRACTOR shall notify the Parks Coordinator giving the reasons for the cause of the delay in cleaning. B. A second or subsequent cleaning should be scheduled in accordance with Section 1.3 A. This cleaning will be limited to restocking of paper products and the cleanup of any major trash or garbage problem contained in the bathrooms. C. Postponed Work — The CONTRACTOR shall notify the Parks Coordinator of any postponed work that cannot be performed or completed due to causes beyond the control of the CONTRACTOR. Section 1.7 POSTPONE WORK AND SCHEDULED MAKEUP. Work that has been postponed according to Section 1.6 shall be subject to the following conditions: A. The CONTRACTOR shall make up postponed work within two (2) working days from the date of the postponement. The CONTRACTOR shall submit a proposed makeup schedule to the Parks Coordinator for his/her approval. The proposed schedule should detail the date and times when the makeup work will be performed. These hours should not conflict with the public’s use of the park’s bathrooms. B. In the event that the makeup work is impractical and cannot be performed, the CONTRACTOR shall not be paid for any such nonperformance or uncompleted work. Payment to the CONTRACTOR shall be adjusted to reflect only days worked. This adjustment shall be made by the Parks Coordinator. ARTICLE II LIQUIDATED DAMAGES In addition to the adjustment made under Section 1.7, it is understood that the CONTRACTOR shall be subjected to liquidated damages if strict adherence to the contract is not followed. The failure of the CONTRACTOR to complete the required work within the specifications of the contract will cause damage to the COUNTY and the COUNTY shall be entitled to damages. These damages shall be fixed FIFTY DOLLARS ($50.00) per day for any of the following infractions: A. Failure of the CONTRACTOR to notify the Park Coordinator that the work cannot be performed or completed on the regular schedule date. B. Failure of the CONTRACTOR to report for work on a regular or makeup work date. ARTICLE III HOLD HARMLESS The CONTRACTOR agrees to release and forever discharge and protect, indemnity, defend and save harmless the COUNTY and its elected representatives from any loss, claim, liability, penalty, fine, forfeiture, demand, cause of action, suite and costs and expenses incidental thereto, arising out of or related to any past, present, and future adverse impact resulting from this contract. ARTICLE IV INSURANCE Section 4.1 INSURANCE. The CONTRACTOR shall, at his own expense, procure and maintain during the term of the contract the following types and amounts of insurance: A. Automobile Liability Insurance with minimum limits of not less that $1,000,000.00 for bodily injuries or death per occurrence and not less than $50,000.00 for damages to property per occurrence. B. General Liability Insurance with minimum limits or not less than $1,000,000.00 for bodily injuries or death per occurrence and not less than $50,000.00 for damages to property per occurrence. C. Workers’ Compensation Insurance to cover all employees as required by Florida law. Section 4.2 The CONTRACTOR shall provide the COUNTY with certificates of insurance naming the COUNTY as an additional insured. The certificates shall also provide a 30-day notice to the COUNTY, prior to the effective date, of a cancellation or change in coverages. ARTICLE V MISCELLANEOUS Section 5.1 ASSIGNMENT BY CONTRACTOR. This agreement may not be assigned by the CONTRACTOR without the written consent of the COUNTY. Section 5.2 REPRESENTATIVES. The authorized representative of the COUNTY shall be: Resources Section Public Works Department 1759 S. Ferdon Blvd. Crestview, FL 32536 850-689-5084 / 850-689-5786 (FAX) E-MAIL: aallen@co.okaloosa.fl.us The authorized representative for the CONTRACTOR shall be: Executive Director Horizons, Inc. 123 Truxton Ave. Ft. Walton Beach, FL 32547 850-863-1550 ext.224 E-MAIL: jmcnabb@horixonsfwb.com All notices required by this agreement shall be in writing to the representatives listed above, with a courtesy copy to the following: John Christopher Contracts and Leases Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5044 (FAX) E-MAIL: jchristopher@co.okaloosa.fl.us Section 5.3 REPPRESENTATIONS OF COUNTY. The COUNTY represents that this agreement has been duly authorized, executed and delivered by the Board of County Commissioners as the governing body of Okaloosa County in accordance with the law, and it has the required power and authority to perform this agreement. Section 5.4 REPRESENTATIONS OF CONTRACTOR. The CONTRACTOR represents that it is a corporation duly established under the laws of the State of Florida, qualified to do business in the State of Florida, and this contract has been duly authorized, executed and delivered in the State of Florida, and it has the required power and authority to perform this agreement. Section 5.5 COMPLIANCE WITH LAWS. The CONTRACTORS agrees to comply with all Federal, State and local laws in effect or may be adopted in the future relating to Workers’ Compensation, Unemployment Compensation, safety and wages. The CONTRACTOR further agrees that employees shall be paid in accordance with the United States Department of Labor Regulations. Section 5.6 BREACH OF CONTRACT. In the event of any breach of any of the terms and conditions of the contract, the COUNTY shall have, in addition to any other recourse, the right to terminate the contract without service of notice or resort to legal process and without any legal liability on its part and the right to require payment from the CONTRACTOR for all amounts which may be due to the COUNTY. ARTICLE VI TERMS OF CONTRACT Section 6.1 TERM. The term of this contract shall be from January 14, 2008 to September 30, 2008, and may be renewed annually at the agreement of the COUNTY and CONTRACTOR , and shall automatically extend on October 1" of every year for an additional 12 months until terminated, in writing, by either party upon advance notice of ninety (90) days. . Section 6.2 COST. The contract amount for the period shown in Section 6.1 will be $107,969.52 in accordance with the attached Exhibit II. The second years amount will be $124,797.12 in accordance with the attached Exhibit II. Any proposed increases after the first year will require negotiation. Section 6.3 ANNUAL APPROPRIATION. In the event that funds are insufficient or are not appropriated for this contract in any fiscal year, the COUNTY reserves the right to modify the contract and adjust the contract amount in accordance with the availability of funds, upon written agreement with the CONTRACTOR. Section 6.4 TERMINATION. The contract may be terminated in its entirety upon ninety (90) calendar days prior notice, in writing, by either party to the other (See Section 5.2). Section 6.5 PAYMENTS. Payments for the above work will be made to the CONTRACTOR on a monthly basis according to Exhibit II for the proportionate amount of work completed for that month, less any liquidated damages. The CONTRACTOR shall submit two copies of the monthly invoice to the Parks Coordinator for his/her approval. Payment will be made approximately 10 days after the approval of the invoice. The final payment on the contract shal] not be made until the Parks Coordinator has certified, in writing, that all the obligations, terms and conditions of the contract have been met and completed by the CONTRACTOR. The final certification shall be provided within five (5) working days of the end of the month of September. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, and such of them as are corporations have caused these present to be signed by their duly authorized officers. OKALOOSA COUNTY, FLORIDA BY: () 4 7 : James Cfmpbell Chairnfan ATTEST: fur) Mifond Gary Stadford, Deputy’ Clerk DATE: Jo -0& WITNESS: HORIZONS, INC. Ard BY: Duadadee n David O. Miller, Executive Director DATE: ain od EXHIBIT I PARKS’BATHROOM CLEANING SERVICE SCHEDULE Designated Parks With Number of Bathrooms: A. Beasley Park(1), Marler Park(2), Beach Access Way #1(1), Beach Access Way #2(1), Beach Access Way #3(1), and Beach Access Way #7(1) B. Total number of bathrooms cleaned each day is 7. Cleaning Schedule: A. March 1 through September 30 - 1, Clean each park’s bathroom twice a day, five days per week on Mondays, Thursdays, Fridays, Saturdays, and Sundays B. October 1 through February 28 — 1. Clean each park’s bathroom once a day, two days per week on Mondays and Thursdays Cl LE6L VZL$ v8 961 WLOL Br 0EL'S$ Z 6 96'°06$ ANY] 9 UO Jaqusseq 92°€60'S$ Z 8 96°06$ ANY] *Y UO JOQUISAON Br 0EL'S$ Z 6 96°06$ JNU TL BY UO 48q0}9O ZL LLEELS Z Lc 96'°06$ UNSACS/U ANY | /UO/| Jaquie}des 9G PPO VLS Z ES 96°06$ UNSACS/UAANY | /UOW ysnbny ZL LLE'ELS Z LZ 96°06$ UNSACS/UA/ANY | /UO| Aine 78° L00'r L$ Z cS 96°06$ UNSAES/UAANY | /UO| eunt 9G’ Pr9'vLS Z €S% 96°06$ UNSACS/H4AANY | /UO| Aew OP’ vEL'eL$ Z 02 96°06$ UNSABS/WAANY | /Uuop [dy 9G PrO'vL$ Z €? 96°06$ UNSACS/ ANY | /UOW Yew 92°€60'S$ Z 8 96°06$ JNY | 8 UO Areniqe4 Br 0EL'S$ Z 6 96°06$ ANY 8 UO Arenuer yunowy [1G swooiujeg|! sAeq jo] XAeq 18g skeq Ajyjuoyy je}0) =| Jo AaquuNN| sequiny 8d Bulueal Y}UOI AJINGAHOS ONITN1NE Il LIGIHXS3 Okaloosa County Public Works CONTRACT# CO8-1592-PK1-148 CONTRACT: PARKS BATHROOM CLEANING SERVICES State of Florida HORIZONS OF OKALOOSA COUNTY September 23, 2008 EXPIRES: 9/30/2009 /imeanrtraent * 7 Horizons of Okaloosa County Attn: Mr. David Miller 123 Truxton Avenue Ft. Walton Beach, FL 32547 RE: Requesting Changes to Okaloosa County Parks Maintenance Contract Number C08-1592-PK 1-148, Amendment #1 Mr. Miller: Public Works’ Resources Division would like to amend our contract, number C08-1592-PK 1-148, with Horizons which is due for renewal September 30, 2008. Because of budget reductions, we are proposing the yearly contract amount be reduced from $124,797.12 to $84,410.88. This is a reduction of $40,386.24. The following is the proposed scope of work reduction. > Beasley Park (1 bathroom), Marler Park (2 bathrooms), and Access Way #1 (1 bathroom) will remain on the current yearly cleaning schedule. > Access ways #2, #3, and #7 (3 bathrooms) will be cleaned on Mondays only. > Exhibit I is the Parks Bathroom Cleaning Service Schedule. > Exhibit II which is the Billing Schedule For Fiscal Year 2008-2009. The Resources Division will supply their cleaning supplies and paper products and fully restock the bathrooms on the days they clean these restrooms. Horizons will supply and restock the same materials for their cleaning days. Please understand that these changes are due to budget cuts that the Resources department is experiencing. Horizons has always provided an outstanding service for us and we would like to continue using their services as our budget permits. If further information concerning this matter is required please feel free to contact me at (850) 423- 4887 or via email at aallen@co.okaloosa.fl.us. Thank you in