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Scott's Quality Cleaning 1/1/22-12/31/2025PIGGYBACK AGREEMENT BETWEEN CITY OF OKEECHOBEE AND SCOTT'S QUALITY CLEANING, A FLORIDA CORPORATION THIS PIGGYBACK AGREEMENT ("Agreement") is made and entered into between the CITY OF OKEECHOBEE (the "CITY"), a political subdivision of the State of Florida who address is 55 SE 3`d Avenue, Okeechobee, FL 34974, and SCOTT'S QUALITY CLEANING (the "CONTRACTOR"), a Florida corporation, who address is 2344 State Road 70 West Okeechobee, Florida 34974 (hereinafter collectively referred to as the "Parties"). WHEREAS, the CITY desires to procure custodial and cleaning services with and through professionals duly licensed and qualified to provide such services; WHEREAS, Okeechobee County has entered into an Independent Contractor's Agreement (the "Contract") with the CONTRACTOR on or about October 26, 2021; � WHEREAS, CONTRACTOR has deinonstrated capability to provide the CITY with custodial and cleaning services contemplated by this Agreement; WHEREAS, the CITY has determined that the Contract with Okeechobee County ineets the requirements of the State of Florida and CITY Procureinent Code and is an acceptable agreeinent upon which the County and CONTRACTOR may establish an Agreement; WHEREAS, the CONTRACTOR agrees to extend the terms, conditions, and pricing of the Contract with the CITY, subject to the terms and conditions of this Agreement; and WHEREAS, the CITY has determined that entering into this Agreement with the CONTRACTOR is in the best interests of the CITY. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated into this CITY Agreement by reference. 2. Scope of services. CITY hereby retains CONTRACTOR to furnish the services that are described in the Scope of Services which is attached hereto as Exhibit "A", and incorporated herein by reference. 3. Terms and Conditions. Except as otherwise stated herein, the terms and conditions of the Independent Contractors Agreeinent entered into with the Okeechobee County shall constitute the terms and conditions of this Agreement. A true and correct copy of the Independent Contractors Agreeinent is attached hereto as Exhibit "B" and incorporated herein by reference. Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "B" will be resolved in favor of the body of this Agreement. 4. Agreement Term and Commencement of Services. This Agreement has an initial term of three (3) years, beginning January l, 2022, and ending December 31, 2025, and may be renewed for up to two additional one-year terms, upon agreement of the Parties in writing, unless sooner tenninated under the terms of this Agreeinent. 5. Payment. CITY agrees to compensate CONTRACTOR for work actually performed under this Agreeinent at the rate/basis described in Exhibit "A". The CITY reserves the right to withhold amounts in the event of the non-perfonnance of all or part of the CONTRACTOR's obligations under this Agreeinent. 6. Termination. This Agreement may be terminated by the CITY in whole or in part at any time with or without cause by the CITY providing CONTRACTOR with written notice not less than third (30) days prior to the date of termination. 7. Notices. All notices to the Parties under this Agreement must be in writing and sent via certified mail to City Administrator, City of Okeechobee. 8. Insurance. CONTRACTOR must maintain such insurance as will fully protect both the CONTRACTOR and the CITY from any and all claims under any Workers Compensation Act or Employers Liability Laws, and from any and all other claims of whatsoever kind or nature to the dainage or property, or for personal injury, including death, made by anyone whomsoever, that may arise froin operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or indirectly engaged or einployed by either of thein. a. The insurance coverage required by this Agreement must not be less than: i. Workers' Compensation (unless exempt) with Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease; ii. Coinmercial General Liability ("CGL") insurance with a limit of not less than $300,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work in the amount of $600,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property dainage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Datnage to rented premises shall be included at $100,000.00; iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage; and iv. Fire damage liability shall be included at $300,000.00. Piggyback Agreement between the City of Okeechobee and Scott's Quality Cleaning Page 2 of 6 9. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. 10. CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates. 11. Independent contractor. CONTRACTOR is, and will be deemed to be, an independent contractor and not a servant, employee, joint adventurer, or partner of the CITY. None of CONTRACTOR's agents, employees, or servants are, or will be deemed to be, the agent, employee, or servant of the CITY. None of the benefits, if any, provided by the CITY to its employees, including but not limited to, compensation insurance and uneinployment insurance, are available from the CITY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, einployees, servants, and subcontractors during the performance of this Agreement. 12. Indemnification. CONTRACTOR must indemnify and hold the CITY harmless against and from any and all claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses, including attorney's fees and court costs, incurred by the CITY, or its agents, officers, or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreeinent or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This includes persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR's obligation will not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance, whether such insurance is in connection with this Agreeinent or otherwise. Such indemnification is in addition to any and all other legal remedies available to the CITY and not considered to be the CITY's exclusive remedy. The indeinnification provisions of this paragraph will survive the termination of this Agreement. 13. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the CITY's liability beyond that provided in Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by the CITY to be sued by third parties in any matter arising out of this Agreement. 14. Public records. CONTRACTOR is a"Contractor" as defined by Section 119.0701(1)(a), Florida Statutes, and must comply with the public records provisions of Chapter 119, Florida Statutes, including the following: a. Keep and maintain public records required by the CITY to perform the service. b. Upon request from the CITY's records custodian, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, or as otherwise provided by law. Piggyback Agreement between the City of Okeechobee and Scott's Quality Cleaning Page 3 of 6 c. Upon completion of this Agreeinent, transfer, at no cost, to the CITY all public records in possession of CONTRACTOR or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of this Agreement, CONTRACTOR must destroy any duplicate public records that are exeinpt or confidential and exempt from public records disclosure requireinents. If CONTRACTOR keeps and maintains public records upon completion of this Agreement, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is cornpatible with the information technology systems of the CITY. i. "Public records" is defined in Section 119.011(12), Florida Statutes, as may be, from time to time, amended. ii. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUSLIC RECORDS, LANE GAMIOTEA, CITY CLERK, 863-763-3372; EMAIL: l�amiotea a,citvofokeechobee.com; MAILING ADDRESS: City of Okeechobee, 55 SE 3r� Avenue, Room 100, Okeechobee, FL 34974. 15. General Provisions. The following general provisions apply to this Agreement: a. Entire Agreement. This Agreeinent states the entire understanding between the Parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements, or negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized CITY representatives. b. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written docuinent executed with the same formality as this Agreement. c. Severability. If any term or provision of this Agreeinent is held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the Term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable, enforceable, and in full force and effect to the extent permitted by law. d. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any Piggyback Agreement between the City of Okeechobee and ScotYs Quality Cleaning Page 4 of 6 portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the tenn of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials does not operate as a waiver, and should not be construed as a waiver, of any of the CITY 's rights under this Agreeinent, or of any cause of action the CITY may have arising out of the performance of this Agreement. e. Law; Venue. This Agreement is being executed in Okeechobee County, Florida, and is governed in accordance with the laws of the State of Florida. Venue of any action hereunder will be in Okeechobee County, Florida. IN WITNESS WHEREOF, the Parties hereto have signed and sealed this Agreement effective the date first written above. APPROVED this day of , 2021, by Scott's Quality Cleaning, a Florida corporation. Scott's Quality Cleaning, a Florida corporation • � ' �/� � .I. .- - Its: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Piggyback Agreement between the City of Okeechobee and Scott's Quality Cleaning Page 5 of 6 APPROVED this , h�day of � �,. �, 2021, by the Okeechobee City Council. Atte � i� �M, �� ,� �� 1 Lane amiotea, CM,C; City Clerk REVIEWED FOR LEGAL SUFFICIE �C—Y: John J. F��, Crty Attorney City of Okeechobee, Florida, a municipal corporation of the State of Florida By; �� Dow ing R. Watford, Jr., ayor Piggyback Agreement between the City of Okeechobee and Scott's Quality Cleaning Page 6 of 6 Exhibit A �� (J L� �-�J(�,� . . _ . ��r�_ .��ar--=�,._ A . , 863-763-0902 2344 HWY 70 W Okeechobee, FL. 34974 Fax:863-467-8864 November 1, 2021 Scott's Quality Cleaning, LLC 2344 State Road 70 West Okeechobee, FL 34974 City of Okeechobee 55 S.E. 3`d Avenue Okeechobee, FL 34974 Dear City Council, Scott's Quality Cleaning would like to extend the cunent contract for cleaning services. The yearly amount will be $24,659.92 per year or $1721.66 per month. The renewal shall be for a period of 3 years with the option of 2 additional years beginning January 1, 2022. We appreciate the opportunity to continue providing quality cleaning services for the City of Okeechobee. Honesty, reliability, and customer satisfaction is the foundation of our business. If you have any questions you may contact me personally at (863)763-0902. Thank You ,1'�'► . �./��'�.��G'LiC.�'r'� Michelle Dawson Owner/Manager 4-r±....`...�:i{ayL'Y� �..e C .s "� , n " �i„ ; �j,'��r �'✓�.1;^� � �CUP'�i�2E'?<<. , !: �..t� ��.1 I -..r e,''�l''� ' � wl �. t� r I-> 1 i '` r._�� f �R---= --��..�... s�,,,,,..� ... 1, c.E�t�� . . • c-� �C? :.r�. ; ;'!! ` t �� r. Y, . " � . _ ��,�.:_�� t_�_.`�,,,�`� �, _�-��.�-.-..�_�_� �` ° -�l�t��r �t'�r�11na `�,:��,.,,� -a.�- � . _;r, 1G��`�` iw f,%'L�..�' ',,,,.a,..._,.., �.,........_.. -=a-v.n,9..,.....o. _x-n>z... %'a a: �.:: :4 �, r ll...:.1�� i J� � � jr--�' r�� P�t�y� � � � �, h /' ,�-.._ ��- `%� ` �, /, r JririTG�;�^�'tt �y ��n��'__!J`'�U� 5--�.,..d.a-�.....� �,-,.-'=a.,, -.�.,.._ � _l�' U� �� rV , �;'1'�t�ljl✓ � y . '� zx.y� �. ....Ya+.�. :�dxF.. �d��, ��> S'iIC3� CM'�.� Qace• . �,."...°'�,--`:'�.....,.��.......�..,,,�._. ,_.....�..�.�..._a--.�. 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" �n� ` ....�II UV � � �� M� `, ._.... S�; . iolleisSintcs-Urtnal—s�" Tras6 Containers - A(I Dispensers: 5oap, Towet, Tissue Glass, Nlirrors, Chrame Ftardware Partitions-Doors Drains �S and clean an & Pofis np wipe & spot clean nF W�pe 5anitize . I: Clean � Q � � 0 0 Q �1i SaE�(f.�L INSTRUCFI�NS/IUOTFS: The ahove cleaning wili be perrormed as noted: DJ Daily W) Weekly M� Monthly SA) Semi-Annua( ?Y�N1 �nrice a week :mergency service is reGuired as needed {tr�inirnun one (2} hour response). iim� in which ciear�ing is fo occer ;ri�st be a�prove�! by zhe buifdi:�g's're�resen'ca�ive, ( � C Gl.� �7` � i" , �t`? r � � � t �. �, ��`�� ' ` r�i%��e�� Ul� • !� �Jv� JQi_1ii:-� "{'�'�7'�� Z��(o�r��Vt�'e, �.�F�ti!�� rD� ,:�� E''�af,�C,�� ;=:�,'� L e. � c� r�, ;� 1 t 1��r ��.� , cl el ' t �, } c -C o� , S'-( .��1 �� 5c� i.cG r L �- O e� -1-- r Page Z of2 Exhibit B Scotr's Quality Cleaning — Okeechabee Judicial Center arrd Nistoric Courthouse INDEPENDENT CONTRA.CTOR'S AGREEMENT THIS INDEPENDENT CONTRACTOR'S AGREEMENT (hereinafter this "Agreement") is effective the lst day of October, 2021, by and between OKEECHOBEE COLTNTY, a political suhdivision of the State of Florida (hereinafter the "COIJNTY") and SCOTT'S QUALITY CLEANING, a Florida corporation (hereinal3er "CONTRACTOR"). WITNESSETH WHEREAS, the COiJNTY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of Okeechobee County; and WHEREAS, the COUNTY has the fuil power and authority to enter into the transactions contemplated by this Agreement; and WHEREAS, CONTRACTOR is in the business of custodial services in Okeechobee County and elsewhere in the State of Florida; and WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates; and WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid and identifed as ITB for Custodial Services for the Judicial Center & Historic Courthouse County Project No. 2021-16, which satisfies the COLTNTY's Procurement Policy; and WHEREAS, CONTRACTOR agrees to provide such goods and services as more particularly described in this Agreement, as well as in any bid or quotation documents issued in connection with this project. NOW THEREFORE in consideration of the premises, and in consideration of the mutual conditions, covenants, and obligations hereafter expressed, the parties agree as follows: 1. Recitals. The foregoing recitals aze true and conect, constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement. 2. Description of Work. a. The COLJNTY hereby retains CONTRACTOR to furnish services as described in the Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein by reference. Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "A" will be resolved in favor of the body of this Agreement. Page 1 of 11 b. CONTRACTOR must provide all permits, labor, materials, equipment, and supervision necessary for the completion ofthe Scope of Services, unless specifically excluded. c. CONTRACTOR must also comply with, and abide by, all requirements as contained in any invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), bid specifications, engineering plans, shop drawings, material lists, or other similaz documents issued for this project by the COLJNTY, together with any addenda, hereinafter the "Bid Documents, as applicable." The Bid Documents, if applicable, are hereby incorporated into this Agreement by reference and are declared to be material part of this Agreement. 3. Commencement and completion/Term. This Agreement has a Term of three (3) years, beginning October 1, 2021, and ending September 30, 2024, and may be renewed for up to two (2) additional one (1) year Terms, upon agreement of the parties in writing, unless sooner terminated under the terms of this Agreement. 4. Payment. a. The COIJNTY agrees to compensate CONTRACTOR, for work actually performed under this Agreement, at the rate or basis described in Exhibit "A", which is attached hereto and incorporated herein by reference. CONTRACTOR must perform all work required by the Scope of Services, but in no event will CONTRACTOR be paid more than the negotiated amount set forth in Exhibit "A". b. Progress payments, if any, will be made as set forth in Exhibit "A". c. The COIINTY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. CONTR.ACTOR must, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services, or materials arising from the error or omission or negligent act of CONTRACTOR. 5. Payment and performauce guarantee. When the COLJNTY finds the work acceptable under this Agreement, the monthly installment will be paid to CONTRACTOR. CONTRACTOR guazantees the successful performance of the work for the service intended. If the COUNTY deems it inexpedient to require CONTRACTOR to conect deficient or defective work, ihe COLTNTY may make an equitable deduction from the contract price, or, in the alternative, the COUNTY may seek damages. 6. Termination. a. Termination at Will: This Agreement may be ternunated by the COUNTY in whole or in part at any time without cause by the COUNTY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided, however, that in such event, neither party will be relieved from its rights or obligations Page 2 of 11 of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. b. Temunation for Cause: This Agreement may be terminated by either party for cause by the COITNTY or CONTRACTOR giving written notice to tize other party not less than l 0 days prior to the date of ternnination; provided, however, that in such event, neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. 7. Project management. a. The Project Managers for this project are as follows. Any subsequent changes to the Project Manager for either party may be provided by notice as described in paragraph 8 below and does not require an amendment to this Agreement. b. COIJNTY's Project Manager is: Shellie Mitchell. c. CONTRACTOR's Project Manager is: Michelle Dawson, Owner/Manager. 8. Notices. All notices to the parties under this Agreement must be in writing and sent certified mail to: a. To COLTNTY: Okeechobee County Board of County Commissioners, Attention: County Administrator, 304 NW 2nd Street, Okeechobee, Florida 34972; b. To CONTRACTOR: Scott's Quaiity Cleaning, Attention: Michelle Dawson, President, 2344 Hwy. 70 West, Okeechobee, FL 34972. 9. Insurance. a. CONTRACTOR must maintain such insurance as will fully protect both CONTRACTOR and the COEJNTY from any and all claims under any Workers Compensation Act or Employers Liability Laws, and from any and all other claims of whatsoever kind or nature to the damage or property, or for persona! injury, including death, made by anyone whomsoever, that may arise &om operations carried on under this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. b. The insurance coverage required by this Agreement must not be less than the amounts described in the Bid Documents. If the Bid Documents do not state an insurance requirement or the amount of insurance, then the amount of insurance required by this Agreement must not be less than: i. Workers' Compensation (unless exempt) with Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease; Page 3 of 11 ii. Commercial General Liability (CGL) insurance with a limit of not less than $300,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply sepazate�y to this work in the amount of $600,0OO.OQ. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at $100,000.00; iii. Commercial Automobile Liability Insurance with a limit of not less than $300,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage; and iv. Fire damage liability shall be included at $300,000.00. 10. General Provisio�ns. CONTRACTOR must comply with the following general provisions: a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR's faithful performance and payment, and if at any time the surety is no longer acceptable to the COLJNTY, CONTRACTOR must, at its expense, within five (5) days after the receipt of notice from the COiJNTY to do so, furnish an additional bond or bonds in such form and with such Surety or Sureties as are satisfactory to the COUNTY. The COIJNTY will not make any further payment to CONTRACTOR, nor will any further payment be deemed to be due to CONTRACTOR, until such new or additional security for the faithful gerformance of the work is furnished in a manner and fonm satisfactory to the COUNTY. b. Compliance with Laws. In providing ihe Scope of Services, CONTRACTOR must comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and hereai3er adopted. c. Personal nature of Agreement; Assignment. i. The parties acknowledge that the COLTNTY places great reliance and emphasis upon the knowledge, expertise, training, and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal and CONTRACTOR is prohibited from assigning or delegating any rights or duties hereunder without the specific writien consent of the COUNTY. ii. If CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR must obtain the written approval of the COLJNTY Project Manager prior to engaging such subcontractor or professional associate. Page 4 of I 1 CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates. d. Discrimination. i. CONTRACTOR shall not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall not exclude any person, on the grounds of age, ethnicity, race, religious belief, disability, national origin, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. ii. CONTRACTOR shall provide a hazassment-free workplace, with any allegation of hazassment given priority attention and action by management. e. Independent contractor. � iii. CONTRACTOR is, and will be deemed to be, an independent contractor and not a servant, employee, joint adventurer, or partner of the COi1NTY. None of CONTRACTOR's agents, employees, or servants are, or will be deemed to be, the agent, employee, or servant of the COIJNTY. None of the benefts, if any, provided by the COUNTY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the COUNTY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be sotely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the perfortnance of this Agreement. Althougli CONTRA.CTOR is an independent contractor, the work contemplated herein rnust meet the approval of the COIJNTY and is subject to the COUNTY's general right of inspection to secure the satisfactory campletion thereof. CONTRACTOR must comply with all Federal, State and municipal laws, rules and regulations that are now or may in the future become applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The COIJNTY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of CONTRACTOR. C4NTRACTOR will bear all losses resulting to it on account of the amount or character of the work, or becaase of bad weather, or because of errors or omissions in its contract price. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR and any subcontractors during the Term of this Agreement. Indemuification. i. CONTRACTOR must indemnify and hold the COLTNTY harmless against and from any and all claims, losses, penalties, interest, demands, judgments, costs, Page 5 of 11 damages, or expenses, including attorney's fees and court costs, incurred by the COiJNTY, or its agents, officers, or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This includes persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR must further indemnify the COUNTY against any claim that any product purchased or licensed by the COUNTY from CONTRACTOR under this Agreement infringes a United States patent, h�ademark, or copyright. CONTRACTOR acknowledges that CONTRACTOR has received consideration for this indemnification, and any other indemnification of the COUNTY by CONTRACTOR provided for within the Bid Documents, the sufficiency of such consideration being acknowledged by CONTRACTOR, by CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation will not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance, whether such insurance is in connection with this Agreement or otherwise. Such indemnification is in addition to any and all other legal remedies available to the COUNTY and not considered to be the COLTNTY's exclusive remedy. ii. In the event that any claim in writing is asserted by a third party which may entitle the COUNTY to indemnification, the COUNTY must give notice thereof to CONTRACTOR, which notice must be accompanied by a copy of statement of the claim. Following the notice, CONTRACTOR has the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If CONTRACTOR does not timely defend, contest, or otherwise protect against any suit, action or other proceeding arising from such claim, or in the event the COUNTY decides to participate in the proceeding or defense, the COtJNTY will have the right to defend, contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to CONTRACTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto must cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. iii. The indemnification provisions of this paragraph wi11 survive the termination of this Agreement. g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the COIJNTY's liability beyond that provided in section 768.28, Florida Statutes. Nothing in ttus Agreement is a consent, or witl be construed as consent, by the COLJNTY to be sued by third parties in any matter arising out of this Agreement. h. Pu6lic cecords. Page 6 of 11 i. CONTRACTOR is a"Contractor" as defined by Section 119.0701(1)(a), Florida Statutes, and must comply with the public records provisions of Chapter 119, Florida Statutes, including the following: 1. Keep and maintain public records required by the COIJNTY to perform the service. 2. Upon request from the COUNTY's custodian of public records, provide the CUUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if CONTRACTOR does not transfer the records to the COUNTY. 4. Upon completion of this Agreement, transfer, at no cost, to the COiJNTY all public records in possession of CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If CONTRACTOR transfers all public records to the COLJNTY upon completion of this Agreement, CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of this Agreement, CONTRACTOR must meet a]1 applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COiJNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. ii. "Public records" is defined in Section 119.411(12), Florida Statutes, as may, from time to time, be amended. iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119 and related law, CONTRACTOR will have the burden of establishing such exemption, by way of injunctive or other relief as provided by law. iv. CONTRACTUR consents to the COUNTY's enforcement of CONTRACTOR's Chapter 119 requirements, by all legal means, including, but not limited to, a mandatory injunction, whereupon CONTRACTOR must pay all court costs and reasonable attomey's fees incurred by COLINT'Y. v. CONTRACTOR's failure to provide public records within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Further, such failure by CONTR.ACTOR will be grounds for immediate unilateral cancellation of this Agreement by the COLJNTY. vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Page 7 of 11 ROBBIE L. CHARTIER, COUNTY ADMINISTRA,TOR, AT 863-763-6441, EXT 1; publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW 2nd Street, ROOM 123, OKEECHOBEE, FL 34972. i. Federal or State Funding. If any portion of the funding foz this Agreement is derived from the State of Florida, or any department of the State of Florida, or from federal funding through the State of Florida, the provisions of this sub-paragraph shall apply, provisions elsewhere in this Agreement to the contrary notwithstanding. CONTRACTOR shall make inquiry from the COUNTY's Project Manager to determine whether Federal or State funding is applicable to this Agreement. i. E-Verify. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize, the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the Term of this Agreement. ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and its subcontractors are not agents or employees of the Federal Government, of the State of Florida, or of any department of the Federal Government or the State of Florida. iii. Indemnification. To the fullest extent permitted by law, CONTR.ACTOR shall indemnify and hold harmless the COUNTY, the Federal Govemment, the State of Florida, any department of the Federal Government or the State of Florida, and all officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. This indemnification shall survive the tenmination of this Agreement. Nothing contained in this pazagraph is intended to nor shall it constitute a waiver of the State of Florida and the COLTNTY's sovereign immunity. iv. Workers' Campensation Insurance. CONTRACTOR must provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation Iaw for all employees. If subletting any of the work, CONTRACTOR must ensure that the subcontractor(s) have Workers' Compensation Insurance for their employees in accordance with Ftorida's Workers' Compensation law. If using "leased employees" or empIoyees obtained through professional employer organizations ("PEO's"), CONTRACTOR must ensure that such employees aze covered by Workers' Compensation insurance through the PEO's or other leasing entities. CONTRACTOR must ensure that any equipment rental agreements that include operators or other personnel who aze employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. v. Liability Insurance. Contractor shall carry Commercial General Liabi(ity instuance providing continuous coverage for all work or operations performed under the Agreement_ Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial Page 8 of I 1 vi. VII. General Liability Coverage Form (ISO Form CG 00 O1) as filed for use in the State of Florida. CONTR.A.CTOR shall cause the State of Florida to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The Iimits of coverage shall not be less than $1,000,000 for each occurrence and not less than a$5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shazed with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shalI pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention. At all renewal periods which occur prior to final acceptance of the work, the COUNTY and the State of Florida shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The COUNTY and the State of Florida. shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The COUNTY's or the State of Florida's approval or failure ta disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the COUNTY or the State of Florida may have. Inspections. CONTRACTOR shall permit, and require its subcontractors to permit, the COLJNTY's and the State of Florida's authorized representatives to inspect alI work, materials, payrolls, and records, to audit the books, records, and accounts pertaining to the financing and development of the Services described in ttte Contract Documents. Auditor General Cooperation. CONTRACTOR shall comply with §20.055 (5), Florida Statutes, and shall incorgorate in all subcontracts the obligation to comp(y with §20.055 (5), Florida Statutes. 11.Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement: a. Binding Nature of Agreement. This Agreement is binding upon the successors and assigns of the parties hereto. b. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, sta,tements, or negotiations made by the County staff do not suffice to legally bind the COtJNTY in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized COL7NTY representatives. Page 9 of I 1 c. Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. d. Severability. If any term or provision of this Agreement is held, to any extent, inva{id or unenforceable, as against any person, entity, or circumstance during the Term hereof, by force of any statute, law, or ruling of any fonun of competent jurisdiciion, such invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable, enforceable, and in full force and effect to the extent permitted by law. e. Construction. If any provision of this Agreement becomes subject to judicial interpretation, the court interpreting or considering such provision should not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared it. All parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, or the negotiation of specific language, or both, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. f. Headings. All headings in this Agreement aze for convenience only and aze not to be used in any judicial construction or interpretation of this Agreement or any paragraph. g. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials does not operate as a waiver, and should not be construed as a waiver, of any of the COUNTY's rights under this Agreement, or of any cause of action the COUNTY may have arising out of the performance of this Agreement. h. Force Majeure: Notwithstanding any provisions of this Agreement to the contrary, the parties will not be held liable if failure or delay in the perforcnance of this Agreement arises from fires, floods, strikes, embazgos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision does not apply if the "Scope of Services" of this Agreement specifies that performance by CONTRACTOR is specifically reyuired during the occurrence of any of the events herein mentioned. i. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and is govemed in accordance with the laws of the State of Florida. Venue of any action hereunder will be in Okeechobee County, Florida. Page 10 of i l 12.Speeiat 1'rovisions. This Agrecment is a non-exclusive conlract: tlie COUN"I�Y is not prohibited, or deemed to be prohibited, fi-om bidding similar services either as an independent .job or a component oPa larger project. IN WITNESS WHCRCOF, the p��rties hereio have signed and sealed this Agreement ei�lective the date tirst written abovc. OKrECHOB%E COUNTY, a political subdi��ision of the State of rlorida � . � �_ TI�RRY . BURROU ' S, CI-IAIRMAN I30ARD OF COUNT COMMISSIONERS A1'7'EST: L � ��i�%t�C� �Seal) JCRAI.D D. BRYANT, CL�RK OI� 'fI-lI: CIRCUIT COURT & COMPTROLLCR Date signed by GOUNTI': /O o?� �0,.� SCOTT'S QUALITY CLrANING, LLC b3, �� J=1 �,��r � ��.. MICHELLE DAWSON, as its 1'resident and authorized a�ent A1"!'E�T: /� / ��`�' •��---- 51�� tUTe � �l. c�r � r� f'�'1 �cc � � �v Print Nan e cola � lac�( (CORI'ORA"I'C SCAL) _ _ .... :��. ,�a•`.,,`._ Ab1RGaF'.� M?JCGn:, 'i��,`,. �,r�, NOldry P�bitC • 5[dic 9` =iCr,Cd `.�;. Ytf, iF:` Commis.iar. = GG 339J2i �_� a: ?o�.�°.' My Comm. Expires May 27. 2•JZl .. �or.Gec Ihrocgh n�Uord'c !�CILr{ AS;r.. t>�� i i �r i i ��c�: 6� � '' �'' Cleaning Proposal Company: Sr.n�i-4�. ,n�nJ L4,L For: Okeechobee County Pro osed cost: �'� � Location: HISTORIC COURTHOUSE Signed:�s�_/.i_// �,�,,,,,�,,,___ Address::3U4 NW 2ND ST Phone: S{l.•.� 7/,.3-(3�Cl,c Date: 53'. �-a ► Building Sq. Footage: 20,290 Project Manager: Deborah Manzo Based on five (51 cleaninq per week (Mondav - FridaV} Services Required Frequency Services Required Frequency AREA/ITEM WORK AREA/ITEM WORK DESCRIPTION DESCRIPTI�N RESTROOMS entrance sweep D Totlets-Sinks-Urinals Ctean-Sanitize-Polish ❑ Paper-Debris Pick-Up ❑ Trash Contalners-All Areas Empty-Line-Clean-Sanitize � Doors-Walls-PartitPons- Wipe Down � Dispensers: Soap, FIII and Clean � Ledges- Towel,Tissue Entrance Doors (Exterior) Clean � Entra�ce Doors (Interior}- Glass. Mirrors, Chrome Including Steps and Hardware Ctean & Poflsh � Staircases Clean W Floors Sweep-Damp Mop-Sanitiz � Doors-Frames-Walis Spot Clean M Partilions-Doors Damp Wtpe & Spot clean � Baseboards Oust M Walis by Sinks/Urinals Oamp Wipe �/ Vending Machines Damp Wipe M Floor Drains Seal; Clean M Chairs-Clocks-Pictures Dust-Damp Wipe M VCT -Tile-Floor Strip and Wax $A Vents Clean-Vacuum {� VCT - Tile-Floor Buif andSpray Wax M Upholstered Furniture Vacuum M acuum ic -up OFFICES, MEETING & STORAGE AREAS rNats turn p Cement-Tercaao-Tile Sweep & Damp Mop � Drinking Founlains Clean-Polish-Sanitize � Ceremic /Porcelain Tile- Floor Scrub and Ciean $14 Kickplates-Thresholds Clean-Polish p High Dusting (Ceilings) Clear spiders and webs �i Light Swilches-Handles Clean-Polish i�% Rugs-Carpels Vacuum � Push Plates Carpet Cieaned and Steam Cleaning S� - �- �one - y D when occupant clears Shampooed w/pre-spot treatment surfacej Dust-Polish ean- rganize- Windows-Exterior (1st FI) Washing $/ba Janitors Storage Area Restock �j(j Windows-Interior Washing $A Steps and Staircases {8) Dust W SPECIAL INSTRUCTIONS/NOTES: The Above cleaning will be performed as noted: D) Oaily W) Weekly M) Monthly SA) Semi-Annual (Apr. & Oct.) Emergency service required as needed (minimum one (1) hour response) T(me in which cieaning is to occur muxt be approved by the building's representafive. _ �� .6 .� ,� � �� Cleaning Proposal Companv_.S�c,�•i�rc C'��.«.l; �� yu.•,n�nJ ��-�- Pro osed cost: 5 ' Si ned: : �: �,u,ys•y- Phone: 5C(:�= 11,�-r'�'�ft�Date: S<•�3-�� For: Okeechobee County Location: Jt1DICIAL CENTER Address: 392 NW 3RD ST Building Sq. Footage: 78,900 ProJect Manager: Jerry Bryant Based on five(5) cleaninqs per week and TWO FULL TIME ON SITE EMPLOYEE (Mondav-Fridav) The Above cleaning will 6e perfortned as noted: D) Daily Wj Weekiy M) Monthly SA) Semi-Annual (Apr. & Oc[.) Emergency service required as needed (minmum one (1) hour response.) Time in which cleaning is to occur must be approved by the building's representative. SPECIAL INSTRUCTIONSINOTES: �-'v.y �. �' � � � 1� �� Cleaning Personnel and cost per Sq Ft l. Judicial Center No Iess than 2 Full-Time on Site EmpIoyees Cost per sq ft: 1.04 2. Historical Courthouse 2 Employees Cost per sq ft: 1.11 We cu.rrently have three full time day routes, two full time night rouies, and I part time night route. The employees that staff these routes are trained on al] routes so they are familiar with aIl facilities that tve clean. To insure that aIl buildings are cleaned every night we also have an on call employee and a supervisor that can cover any position. (_1 i` -�-�'j.J..� � DAWSON, SCOTT CITY OF OKEECHOBEE (863)763-0902 BUSINESS TAX RECEIPT 55 SE 3rd Avenue, Okeechobee, FL 34974 October 1, 2021 - September 30, 2022 Address: 2344 HWY 7'0 WEST OKEECHOB'�EE, FL 34974 � pKEFc Activity: 805 CLEANING,MAINTENANCE,ETC.SER . O.. • • ' ' ' ' • .. �j►0 /�� : �?:� � ,r�t''�. � •. �:�,,. .,�i�r U - ,fn _ `. .� _ Issued to: SCOTT'S QIJALITY CLEANING '' DAWSON, SCOTT �' • . M � �' 2344 HWY 70 WEST ��OR�pP OKEECHOBEE, FL 34974 A No: 5015 Date: 11 /02l21 RECEIPT PENALTY APP/TRANS BLDG INSP FIRE INSP Total Paid 31.50 4.72 36.22 i��iY�:�c� Finance Director L/�'' � l'(-"�',y� � �' _ Cr J STATE OF FLORIDA OKEECHOBEE COUNTY BUSINESS LICENSE PENALTY ADDED� OCT lst, 10%; NOV lst, 15°s; DEC lst, 20%; JAN lst 25% THIS LICENSE �:S FURNISHED IN PURSUANCE OF CI3APTER 205,FLORIDA STATUTES AND COUNTY ORDINANCE N0.79-2 SCOTT'S QUALTTY CLEANING LLC (MOBILE) 2344 HWY 70 W OKEECHOBEE FL 34974 PRIOR COUNTY PENALTY BUSINESS # 02840 f�u�il�I�Y��]�l�l LICENSE # DATE PAID $13.75 52.06 $15.81 01698 11/02/2021 CELESTE WATFORD, TAX COLLECTOR OKFsECHOBEE COUNTY 409 NW 2ND AVE SUITE A OKEECHOBEE, FL 34972 2021 zoaa PUBLIC SERVICE CLEANING CARPETS THIS LICENSE IS VALID ONLY IF NO OTHER LAW OR ORDINANCE IS VIOLATED. ESPECTALLY ZONING ORIGINAL CUSTOMER COPY