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R24-228 1 RESOLUTION NO. R24-228 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE LIMITED TERM EXTENSION AMENDMENT TO THE 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CLEAN SPACE, INC., 6 FORMERLY KNOWN AS KELLY JANITORIAL SYSTEMS, INC., FOR JANITORIAL 7 SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the City and Clean Space, Inc. (Vendor) entered into Contract No. 010-2511- it 10-2511-1t 19/IT (the "Agreement") for Janitorial Services for City Municipal Buildings and Facilities (REBID); 12 and 13 WHEREAS, the Agreement expired on August 28, 2024, and all renewal options for the 14 Agreement between the City and Vendor have been exercised; and 15 WHEREAS, the City is issuing a procurement solicitation to select a vendor and desires to 16 extend the Term of the Agreement on a limited basis to ensure the City has adequate janitorial 17 services for City municipal buildings and facilities and to provide time for the issuance of a 18 competitive solicitation for a new contract; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the city's citizens and residents to approve the Limited Term Extension 21 Amendment to the Agreement between the City of Boynton Beach and Clean Space, Inc., formerly 22 Kelly Janitorial Systems, Inc., for janitorial services for City municipal buildings and facilities. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve a Limited Term Extension Amendment to the Agreement between the City and Clean 30 Space, Inc., formerly Kelly Janitorial Systems, Inc., for janitorial services for City municipal buildings 31 and facilities (the "Amendment"), in form and substance similar to that attached as "Exhibit A." 32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Amendment and such other related documents as may be 34 necessary to accomplish the purpose of this Resolution. 35 SECTION 4. One fully executed original of the Amendment shall be retained by the City 36 Clerk as a public record of the City. A copy of the fully executed Amendment shall be provided 37 to Ydelsi Rodriguez and forwarded to the vendor. 38 SECTION 5. This Resolution shall take effect in accordance with law. 39 40 ' 41 PASSED AND ADOPTED this S day of pC.-4060--C- 2024. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor—Ty Penserga 45 ✓ 46 Vice Mayor—Aimee Kelley 47 48 Commissioner—Angela Cruz 49 50 Commissioner—Woodrow L. Hay 51 / 52 Commissioner—Thomas Turkin ✓ 53 54 VOTE 55 ATT 56 57 .A It+ - �D .� 2,74 58 Maylee i- - "5, MPA, M. C T• -en -r.a Iv ' 20 59 City Clerk Mayor 60 61 gOYNTopt A'PROVED AS TO FORM: 62 (Corporate Seal) .00574(<-7.....<"\ . , 63 SEAL •=�', 64 . INCORPORATED i ISCJ 'gob 65 •d,, 1920 ' % Shawna G. Lamb %'���`LORIO;= City Attorney LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CLEAN SPACE, INC., FORMERLY KELLY JANITORIAL z SYSTEMS, INC., FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND tiroN e� FACILITIES BID NO. 010-2511-19/IT This Limited Term Extension Amendment ("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and Clean Space, Inc., a Florida corporation ("Vendor") (collectively referred to as the "Parties"). RECITALS A. The Parties entered into Contract No. 010-2511-19/IT (the "Agreement") for Janitorial Services for City Municipal Buildings and Facilities (REBID). B. The Agreement expired on August 28, 2024, and all renewal options for the Agreement between the City and Vendor have been exercised. C. The City is issuing a procurement solicitation to select a vendor and desires to extend the Term of the Agreement on a limited basis to ensure the City has adequate janitorial services for City municipal buildings and facilities and to provide time for the issuance of a competitive solicitation for a new contract. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Term of the Agreement is hereby extended on a month-to-month basis for an additional six (6) months, expiring upon the earlier of February 28, 2025, or execution of a contract under the City's procurement solicitation. 4. Rates. Effective September 1, 2024, the rates set forth in Exhibit A apply to the Services provided pursuant to the Agreement. 5. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings Limited Term Extension Amendment—Clean Space, Inc. Page 1 of 8 concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements,whether oral or written. 6. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 7. The following new sections are added to the Agreement as follows: (a) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (b) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (c) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (d) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 8. The effective date of this Amendment shall be the date of complete execution by the Parties. 9. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which,taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) Limited Term Extension Amendment—Clean Space, Inc. Page 2 of 8 CITY CITY OF BOYNTON BEACH By Ty_• er7- ayor / day . © 2024 OF BOYA/7. `I ` � 1.`J .•'GORPpR O/j 11 Atte • Wit IS V: '1;4 eC / City Clerk 4 i •�N��^L t-7 0 A CITY ATTORNEY'S OFFICE 11 • C , Approve. :s to form and legality 1111:/%<1..(..16.949. •'• _i/ � _— By: — '-- VENDOR CL AN SPACE, IN By Authorized Sig -r R1/ 6/!/,7 (" Cer) Print Name and Title Vii day of , 2 SRW 9.23.24 Limited Term Extension Amendment—Clean Space, Inc. Page 3 of 8 EXHIBIT LOCATIONS NAME CURRENT NEW MONTH TO MONTH PRICES 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Public Works#1222 N.E.9th Ave. $ 29.66 $ 35.59 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Building 510 NW 14 Av $ 102.60 $ 123.12 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Fire Station#3 Offices $ 66.73 $ 80.08 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Fire Station#5 Offices and Community Room Only 2080 High Ridge Road $ 148.23 $ 177.88 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Mausoleum 1611 S.Seacreast Blvd $ 74.52 $ 89.42 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Public Works#2 222 N.E.9th Ave. $ 23.03 $ 27.64 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Public Works#3 222 N.E.9th Ave. $ 11.86 $ 14.23 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Senior Center 1021 S.Federal Hwy. $ 25.17 $ 30.20 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Wilson Park Denson Pool Bulding-Wilson Park 225 N.W.12th Ave. $ 8.08 $ 9.70 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Wilson Park Denson Pool Building 225 N.W.12th Ave $ 8.08 $ 9.70 0070-Boynton Beach Bid No.010-2511-19/IT-Group A-Wilson Park Sims Center 225 N.W.12th Ave. $ 33.53 $ 40.24 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Barton Memorial Restrooms 1110 N.W.5th Street $ 4.63 $ 5.56 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Boat Club Park Clubhouse 2010 N.Federal Hwy $ 37.62 $ 45.14 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Boat Club Park Restroom 2010 N.Federal Hwy. $ 4.95 $ 5.94 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Boat Club Park Restroom 2010 N.Federal Hwy. $ 7.46 $ 8.95 0070-Boynton Beach Congress Tennis Ctr.Pro Shop&Restrooms 3111 S.Congress Ave. $ 3.09 $ 3.71 0070-Boynton Beach Congress Tennis Ctr.Pro Shop 3111 S.Congress Ave.-Tennis Park $ 7.03 $ 8.44 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Ezell Hester Park community 901 N.Seacrest Blvd. $ 40.59 $ 48.71 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Ezell Hester Park Concession/Press Box 1901 N.Seacrest Blvd. $ 6.39 $ 7.67 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Ezell Hester Park Office&Restrooms 1901 N.Seacrest Blvd. $ 3.59 $ 4.31 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Galaxy Park Restroom 461 W.Boynton Bch Blvd. $ 6.27 $ 7.52 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Intracoastal Park Clubhouse 2240 N.Federal Hwy. $ 31.10 $ 37.32 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Intracoastal Park Main Pavilion Restrooms 2240 N.Federal Hwy. $ 11.10 $ 13.32 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Intracoastal Park Main Pavilion Restrooms Single Visit $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Intracoastal Park Main Pavilion-Park Restroom 2240 N.Federal Hwy. $ 6.33 $ 7.60 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Intracoastal Park Main Pavilion-Park Restroom 2240 N.Federal Hwy.Single visit $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Jaycee Park Restroom 2600 S.Federal Hwy. $ 2.12 $ 2.54 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Little League $ 19.44 $ 23.33 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Mangrove Park Restroom 700 N.E.4th Ave. $ - $ - 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Meadows Park Restroom 4305 N.Congress Ave. $ 6.85 $ 8.22 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park Headquarters 6415 N Ocean Blvd. $ 6.50 $ 7.80 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park RR-Pavilion/Changing Rooms 6415 N Ocean Blvd. $ 4.74 $ 5.69 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park RR-Pavilion/Changing Rooms Single visit Afternoon 4:30 PM $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park RR-Pavilion/Changing Rooms Single visit Morning 9:30 AM $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park RR $ 4.74 $ 5.69 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park Restroom Building Single visit 9:30 AM $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Oceanfront Park Restroom Building Single visit 4:30 PM $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Palmetto Greens Park Restroom 421 N.E.13th Ave. $ 3.30 $ 3.96 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Pence Park Restroom 400 S.E.5th Ave. $ 7.08 $ 8.50 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Pioneer Canal Park Restroom 848 N.W.13th Ave. $ 7.00 $ 8.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Sara Sims $ 8.64 $ 10.37 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Sara Sims Single visit $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Women Club Single Visit $ 27.00 $ 32.40 0070-Boynton Beach Bid No.010-2511-19/IT-Group B-Marina 511 East Ocean Drive $ 84.00 $ 100.80