R25-014 1 RESOLUTION NO. R25-014
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. CW24-064
5 FOR JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS, FACILITIES,
6 AND UTILITIES BUILDINGS TO CLEAN SPACE, INC., APPROVING
7 AGREEMENT BETWEEN THE CITY AND THE AWARDED VENDOR FOR
8 AN INITIAL TWO-YEAR TERM WITH UP TO THREE ADDITIONAL ONE-
9 YEAR TERM OPTIONS;AND FOR ALL OTHER PURPOSES.
10
11 WHEREAS, On October 28, 2024, the City received and tabulated seven (7) proposals for
12 Invitation to Bid No. CW24-064 for Janitorial Services for City Municipal Buildings, Facilities, and
13 Utilities Buildings located within the City; and
14 WHEREAS, City staff and the Purchasing Department reviewed each bid proposal, and the
15 seven (7)vendors were determined by utilizing the evaluation forms,which contain current pricing
16 provided by the vendors on common-use items and services; and
17 WHEREAS, City staff and the Purchasing Department determined that Clean Space, Inc.
18 ("Vendor") is the lowest, responsive, and responsible bidder; 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 award an Invitation to Bid No. CW24-064 for
21 Janitorial Services for Municipal Buildings, Facilities, and Utilities Buildings within the City to
22 Vendor, and approve the Agreement between the City and the awarded Vendor.
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, hereby awards
29 Invitation to Bid No. Bid No. CW24-064 for Janitorial Services for Municipal Buildings, Facilities,
30 and Utilities Buildings within the City to Clean Space, Inc.
31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
32 approve an Agreement between Vendor and the City for Invitation to Bid No. CW24-064 for
33 Janitorial Services for Municipal Buildings, Facilities, and Utilities Buildings within the City with an
34 annual expenditure not to exceed $400,000 (the "Agreement") for an initial term of two (2) years
35 with an option upon expiration to automatically renew for up to three (3) additional one-year
36 terms unless either party provides written notice of an intent to non-renew within at least sixty
37 (60) days prior to term initial term renewal date, in form and substance similar to that attached as
38 Exhibit A.
39 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
41 ancillary documents required under the Agreement or necessary to accomplish the purposes of
42 the Agreement and this Resolution.
43 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record
44 of the City. A copy of the fully executed Agreements shall be provided to Andrew Rozwadowski
45 to forward to the awarded Vendor.
46 SECTION 6. This Resolution shall take effect in accordance with law.
47
48
49
50
51 [SIGNATURES ON THE FOLLOWING PAGE]
52
53 PASSED AND ADOPTED this 1" day of , kin Luivij 2025.
54 CITY OF BOYNTON BEACH, FLORIDA
55 YEV NO
56 Mayor—Ty Penserga
57
58 Vice Mayor—Aimee Kelley
59 t/
60 Commissioner—Angela Cruz
61
62 Commissioner—Woodrow L. Hay
63
64 Commissioner—Thomas Turkin
65
66 VOTE .-0
67 ATT :
68
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69 1 .�OM / I I y ��
70 Maylee D: Jeito , MPA, M C T = -• - ga
71 City Clerk Ma •r
72
73 ,..„. APPROVED AS TO FORM:
74 (Corporate Seal) ;�O,INTON eF`
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76 t F-• a p. 0
774 v: 00 :0 ,(Iv i Shawna G. Lamb
78 ' `�'� 1,
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JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS, FACILITIES, AND UTILITIES
BUILDINGS
SUBJECT TO REVISIONS PRIOR TO SIGNING
THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal
corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean
Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Clean Space, Inc., an S.
Corporation authorized to do business in the State of Florida, with a business address of 3764 NW 124''-_
Avenue, Coral Springs, FL 33065, hereinafter referred to as the "VENDOR," each a "Party" and
collectively the "Parties." In consideration of the mutual benefits, terms, and conditions hereinafter
specified the Parties agree as set forth below.
1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work, and
all labor, parts, and materials related as described in Bid No. CW24-064 Janitorial Services for City
Municipal Buildings, Facilities, and Utilities Buildings.
2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Janitorial
Services for City Municipal Buildings, Facilities, and Utilities Buildings. The terms and
conditions of Bid No. CW24-064 and VENDOR's bid are expressly incorporated into this Agreement
by reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. CW24-064,
and VENDOR's bid, shall be resolved pursuant to the following order of precedence (1) this
Agreement, (2) Bid No. CW24-064; and 3. VENDOR's bid.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all
work products required pursuant to this Agreement.
4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on
, and shall remain in effect through _ unless otherwise terminated in accordance with
this Agreement ("Initial Term"). Upon the expiration of the Initial Term or any renewal term, this
Agreement shall automatically renew for up to three (3) additional one-year terms (each a
"Renewal Term") unless at least sixty (60) days prior to the renewal date, either party gives the other
party written notice of the intent to not renew for the additional term. Both the Initial Term and all
Renewal Term(s)shall be collectively referred to as the "Term".
5. The City reserves the right to extend automatically for a period not to exceed an additional one
hundred eighty (180) calendar days by filling a written notice signed by the vendor to the City's
Purchasing Department in order to provide the City with continuing service. At no time shall this
extended transitional period extend more than one hundred eighty (180) calendar days beyond the
expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at
the rate in effect when this transitional period clause was invoked.
Price increase will be subject to the City's approval at one (1) year renewals. Any requested price
adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar
days prior to the respective term anniversary date. Price adjustmentincrease for any one-year term
will be subject to City's representative and Finance Director or designee's approval. The price
increase percentage change shall not exceed the previous 1-year's percentage change of the
Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor's
Bureau of Labor Statistics, or a maximum of five (5) percent. Any approved price adjustments shall
become effective on the beginning date of the renewal terns. Such price adjustments are only
CW24-064 Janitorial Services for City Municipal Buildings, Facilities,and Utilities Buildings A-1
effective and valid if in writing and executed by each party's authorized representative. The City's
Finance Director may approve an increase in cost of less than 2% for each extension without further
Commission approval.
5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in
accordance with the Schedule of Prices attached to this Agreement as Exhibit "A ", in accordance
with the following:
A. The total annual contract price shall not exceed $ per year of the Term. Payment for
the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY
properly, provided that the total amount of payment to VENDOR shall not exceed the total annual
contract price without express written modification of the Agreement signed by the Mayor, City
Manager, or designee as approved by the City Commission as required.
B. The VENDOR may submit invoices to the CITY once per month. Such invoices will be checked
by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount
approved.
C. Final payment of any balance due to the VENDOR of the total contract price earned will be made
promptly upon CITY's ascertainment, verification, and acceptance that the Work is completed in
accordance with this Agreement.
D. Payment as provided in this section by the CITY shall be full compensation for Work performed,
including services rendered and all materials, supplies, equipment, and incidentals necessary to
complete the Work.
E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the CITY and State for a period of five (5) years after the
termination of the Agreement. Copies shall be made available upon request.
F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in
Part VII, Chapter 218, Florida Statutes.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other
materials produced by the VENDOR in connection with the services rendered under this Agreement
shall be the property of the CITY whether the project for which they are made is executed or not. The
VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference, and use in connection with VENDOR's endeavors.
7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this
Agreement, faithfully observe and comply with all federal, State of Florida, and City of Boynton
Beach, ordinances and regulations that are applicable to the Work rendered under this Agreement.
8. INDEMNIFICATION.
A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents, and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs
of defense through the conclusion of any appeals, which the CITY or its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to and resulting from the performance of
this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors.
The VENDOR shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the CITY, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys'
fees which may issue thereon. Neither party to this Agreement shall be liable to any third party
claiming directly or through the other respective party, for any special, incidental, indirect, or
consequential damages of any kind, including but not limited to lost profits or use that may result
from this Agreement or out of the services or goods furnished hereunder.
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-2
B. The parties understand and agree that the covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and continue in full force and
effect as to the party's responsibility to indemnify.
C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and
immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time.
9. INSURANCE.
A. During the performance of the Work under this Agreement, VENDOR shall maintain the following
insurance policies and provide originals or certified copies of all policies to CITY's Risk
Management. All policies shall be written by an insurance company authorized to do business in
Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated
below, prior to commencing any Work pursuant to this Agreement:
i. Worker's Compensation Insurance: The VENDOR shall procure and maintain, for the
life of this Agreement, Worker's Compensation Insurance covering all employees with
limits meeting all applicable state and federal laws. This coverage shall include
Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. The policy must contain a waiver of
subrogation in favor of the City of Boynton Beach, executed by the insurance company.
ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life
of this Agreement, Comprehensive General Liability Insurance. This coverage shall be
on an "Occurrence" basis. Coverage shall include Premises and Operations;
Independent consultants, Products-Completed Operations, and Contractual Liability with
specific reference to Article 12, "Indemnification" of this Agreement. This policy shall
provide coverage for death, personal injury, or property damage that could arise directly
or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum
coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/
and $1,000.000 per occurrence/aggregate for property damage. The general liability
insurance shall include the CITY as an additional insured and shall include a provision
prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY.
iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of
this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a
minimum amount of $1,000,000 combined single limit for bodily injury and property
damage liability to protect the VENDOR from claims for damage for bodily and personal
injury, including death, as well as from claims for property damage, which may arise from
the ownership, use of maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the VENDOR or by anyone directly or
indirectly employed by the VENDOR.
iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure
and maintain for the life of this Agreement in the minimum amount of $1,000,000 per
occurrence.
v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined
appropriate by the CITY depending on the type of job and exposures contemplated.
Coverage must follow the Risk Management Insurance Advisory Form of the General
Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a
period of no less than the later of three (3) years after the delivery of goods/services or
final payment pursuant to the Agreement.
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-3
•
B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior
to beginning performance under this Agreement. Failure to maintain the required insurance will
be considered a default of the Agreement.
C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on
the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A
current valid insurance policy meeting the requirements herein identified shall be maintained
during the duration of this Agreement, and shall be endorsed to state that coverage shall not be
suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty
(30) calendar days prior written notice by either certified mail, return receipt requested, has been
given to the CITY.
D. The CITY reserves the right to reasonably require any additional insurance coverage or increased
limits as determined necessary by the Risk Management. The CITY reserves the right to review,
modify, reject, or accept any required policies of insurance, including limits, coverage, or
endorsements throughout the Term of the Agreement.
10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an
independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall
not be responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to VENDOR, or any employee of VENDOR.
11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the VENDOR, to
solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the VENDOR any fee, commission,
percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the
right to annul this Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age,
gender, disability, marital status, political affiliation, pregnancy, gender identity and expression, sex or
the presence of any physical or sensory handicap in the selection and retention of employees,
procurement of materials or supplies, or in the performance of any Work pursuant to this Agreement.
13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement
without the express written consent of the CITY.
14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience,
upon fourteen (14) business days of written notice by the CITY to the VENDOR in which event
the VENDOR shall be paid its compensation for services performed through the termination date,
including services reasonably related to termination. In the event that the VENDOR abandons this
Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss
pertaining to this termination.
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-4
B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if
the party in breach has not corrected the breach within thirty (30) calendar days after receipt of
written notice from the aggrieved party identifying the breach. This Agreement may be terminated
for cause by CITY for reasons including, but not limited to, VENDOR's failure to suitably or
continuously perform the services in a manner calculated to meet or accomplish the objectives in
this Agreement, or repeated submission (whether negligent or intentional) for payment of false or
incorrect bills or invoices.
C. In the event of the death of a member, partner. or officer of the VENDOR, or any of its
supervisory personnel assigned to the project, the surviving members of the VENDOR hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the CITY.
This section shall not be a bar to renegotiations of this Agreement between surviving members of
the VENDOR and the CITY, if the CITY so chooses.
D. Notice of termination shall be provided in accordance with the "Notices" section of this
Agreement.
E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any
and all available contractual or other remedies available at law or in equity including recovery of
costs incurred by CITY due to VENDOR's failure to comply with any term(s)of this Agreement.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. NOTICE. All notices required in this Contract shall be sent by certified mail. return receipt requested,
and if sent to CITY shall be mailed to:
Daniel Dugger, City Manager
City of Boynton Beach
100 East Ocean Ave.,
Boynton Beach, FL 33435
Telephone No. (561) 742-6000
Notices to VENDOR shall be sent to the following address:
ATTN: w, W
Address: 3 , rJ� .}
Phone: .3o .i '
Email: /vi , cl-0 ,; . Mang
18. PUBLIC RECORDS. The Vendor shall comply with Florida's Public Records Law. Specifically, the
VENDOR shall:
A. Keep and maintain public records required by the CITY to perform the Work;
B. Upon request from the CITY's custodian of public records. 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, Fla. Stat. or as otherwise provided by
law:
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings
A-5
C. Ensure that public records that are exempt or that are confidential and exempt from public record
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and, following completion of the contract, VENDOR shall destroy all copies of such
confidential and exempt records remaining in its possession once the VENDOR transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all
public records in VENDOR'S possession All records stored electronically by VENDOR must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK'S OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk(a�bbfl.us
19. UNCONTROLLABLE FORCES.
A. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in
or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the
exercise of reasonable diligence, the non-performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the non-performing party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental
actions.
B. Neither party shall, however, be excused from performance if non-performance is due to forces
which are preventable, removable, or remediable, and which the non-performing party could
have, with the exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The non-performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written notice to the other
party describing the circumstances and uncontrollable forces preventing continued performance
of the obligations of this Agreement.
20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is
not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. Submitting a false certification shall be deemed a material
breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination
concerning the false certification.VENDOR shall have five (5)days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract term,
VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If VENDOR does not
demonstrate that the CITY's determination of false certification was made in error then the CITY shall
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-6
have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section.
VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida
Statutes, as may be amended from time to time and briefly described herein below.
A. Definitions for this Section:
i. "Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary, wages, or other remuneration. "Contractor"includes, but is not limited to,
a vendor or consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically verify
the employment eligibility of newly hired employees.
B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective
January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register for and utilize the
U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida during the
term of the contract;
ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor
to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with
the CITY of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment
Eligibility," as amended from time to time. This includes, but is not limited to registration and
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an affidavit attesting
that the subcontractor does not employ, contract with, or subcontract with, an unauthorized
alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract.
Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is
not a breach of contract and may not be considered as such. If this contract is terminated for
a violation of the statute by the Contractor, the Contractor may not be awarded a public
contract for a period of one(1)year after the date of termination.
23. MISCELLANEOUS.
A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written consent to an
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-7
assignment no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
B. CITY and VENDOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns and legal
representatives in respect of all covenants, agreements, and obligations contained in this
Agreement.
C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear
its own attorney's fees and court costs, except as otherwise provided under the indemnification
provisions set forth herein above.
D. Prior to final payment of the amount due under the terms of this Agreement, to the extent
permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well
as all suppliers and subcontractors whom worked on the project that is the subject of this
Agreement. Payment of the invoice and acceptance of such payment by VENDOR shall release
CITY from all claims of liability by VENDOR in connection with this Agreement.
E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property
from all damage whatsoever on account of the work being carried on under this Agreement.
F. It shall be the VENDOR's responsibility to be aware of and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of all local, city, state, and federal agencies as
applicable.
G. This Agreement represents the entire and integrated agreement between CITY and VENDOR
and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is intended by the parties hereto to be final expression of this Agreement, and it
constitutes the full and entire understanding between the parties with respect to the subject
hereof, notwithstanding any representations, statements, or agreements to the contrary
heretofore made. In the event of a conflict between this Agreement, the solicitation and the
VENDOR's bid proposal, this Agreement shall govern, then the solicitation, and then the bid
proposal. This Agreement may be amended only by written instrument signed by both CITY and
VENDOR.
H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand
or electronically in multiple originals or counterparts, each of which shall be deemed to be an
original and together shall constitute one and the same agreement. Execution and delivery of this
Agreement by the Parties shall be legally binding, valid and effective upon delivery of the
executed documents to the other party through facsimile transmission, email, or other electronic
delivery.
I. Non-Exclusive; No Guaranty. This Agreement is non-exclusive and the CITY reserves the right to
award other contracts for work falling within the scope of this Agreement. No Purchase Order(s),
Task Order(s), or minimum amount of work or compensation is guaranteed under this Agreement.
J. Countries of Concern: VENDOR represents that it is, and for the duration of the Term will remain,
in compliance with Section 286.101, Florida Statutes.
K. Public Entity Crimes Act: Vendor represents that it is familiar with the requirements and
prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents
that its entry into this Agreement will not violate that Act. Vendor further represents that there has
been no determination that it committed a "public entity crime" as defined by Section 287.133,
Florida Statutes, and that it has not been formally charged with committing an act defined as a
"public entity crime" regardless of the amount of money involved or whether Vendor has been
placed on the convicted vendor list.
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-8
24. DEFAULT OF CONTRACT& REMEDIES.
A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to
the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the
right to require that VENDOR correct all deficiencies in the Work to bring the work into
conformance without additional cost to CITY, and/or replace any personnel who fail to perform in
accordance with the requirements of this Agreement. CITY shall be the sole judge of non-
conformance and the quality of workmanship.
B. Default of Contract. The occurrence of any one or more of the following events shall constitute a
default and breach of this Agreement by VENDOR :
i. The abandonment of the project by VENDOR for a period of more than seven (7) business
days.
ii. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of
this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee.
iii. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of
this Agreement to be observed or performed by VENDOR, where such failure shall continue
for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided,
however, that if the nature of VENDOR 's default is such that more than seven (7) days are
reasonably required for its cure, then VENDOR shall not be deemed to be in default if
VENDOR commences such cure within said seven (7) day period and thereafter diligently
prosecutes such cure to completion.
iv. The assignment and/or transfer of this Agreement or execution or attachment thereon by
VENDOR or any other party in a manner not expressly permitted hereunder.
v. The making by VENDOR of any general assignment or general arrangement for the benefit of
creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a
bankruptcy, or a petition for reorganization or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed
within sixty (60) calendar days); or the appointment of a trustee or a receiver to take
possession of substantially all of VENDOR's assets, or for VENDOR 's interest in this
Agreement, where possession is not restored to VENDOR within thirty(30)calendar days; for
attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for
VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30)
calendar days.
C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of
such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with
all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on
the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured
within seven (7) business days of when notice was sent by CITY, CITY may declare a default of
the Agreement and notify VENDOR of such declaration of default and terminate the Agreement.
The Surety on the Performance Bond shall within ten (10) business days of such declaration of
default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement
and assume the Work of VENDOR and proceed to perform Work under the Agreement, at its own
cost and expense.
i. Upon such declaration of default, all payments remaining due VENDOR at the time of default,
less all sums due CITY for damages suffered, or expenses incurred by reason of default,
shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-9
equal to those that would have been paid by the VENDOR had the VENDOR continued to
perform the services under the Agreement.
ii. CITY may complete the Agreement, or any part thereof, either by day labor, use of a
subcontractor, or by re-letting a contract for the same, and procure the equipment and the
facilities necessary for the completion of the Agreement, and charge the cost of same to
VENDOR and/or the Surety together with the costs incident thereto to such default.
iii. In the event CITY completes the Agreement at a lesser cost than would have been payable
to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall
retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount
of such excess to the CITY.
iv. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the
Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable
standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as
set forth in the written notice within fourteen (14) calendar days of the receipt by VENDOR of
such notice from CITY.
25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign
immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the
doctrine of sovereign immunity or under Section 768.28, Florida Statutes.
26. TRUTH-IN-NEGOTIATION CERTIFICATE.
A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided
for in this Agreement is accurate, complete, and current as of the date of the Agreement and no
higher than those charged to the VENDOR's most favored customer for the same or substantially
similar service.
B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-current
wage rates or due to inaccurate representations of fees paid to outside vendors. The CITY shall
exercise its rights under this "Certificate"within one (1)year following payment.
27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any
subcontractor will have access to an individual's personal identifying information under this
Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign
country of concern; (ii) the government of a foreign country of concern does not have a controlling
interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal
place of business in, a foreign country of concern. Prior to Vendor and any subcontractor having
access to personal identifying information pursuant to this Agreement, Vendor and any subcontractor
shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting
that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance
with the requirements of this section is included in the requirements of a proper invoice. Terms used
in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to
such terms in Section 287.138, Florida Statutes.
28. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, 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.
SIGNATURE PAGE FOLLOWS
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings
A-10
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth
below their respective signatures.
CITY OF BOYNTON BEACH COMPANY
"IV 41111111' lows-
T - --:T-• ayor (Signature), • —pan
Vvw�'T 611 N63
f
Date: M+ /7J TO af Print Name of Authorized Official
Title Ceo
Date: k 2'Lt( 2—`f
(Corporate Seal)
.;.1.�i Sandra P Duran
o.�..•�•.°1�, AttesUAuthe icated:
_: lit Comm.:HH 258306
:; is Expires:June 12,2026
%,4 �„= d Notary Public-Slate of Flcjd) .
Witness
0(.0:)*, r•ON,rc:/,
Print Name
Approve s to Form:
. oai6
Shaw - .Lamb,
Offic:oft e Cia no -/ _ ..%Ns
/.off gOPo TQ•v N
��4i�� OR Rqp•.6) �1
Maylee De J ,City Clerk i��:%' F :`y g
1(131 SEAL ;=�'•
1 : INCORPORATED: i
Ito '•. 1920 : '
, ; •
1%. FLORIDN r'
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings A-11
A-12
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings
V
•
„pi 0(r
PERFORMANCE BOND
JANITORIAL SERVICES
Bid No.: CW24-064
KNOW ALL MEN BY THESE PRESENTS that �' Q SC I n C
,,n L (Insert nal.ne of Vendor)
as Principal, (Address or legal title
of Vendor)
hereinafter called Vendor, and
(Name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O.
BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount
of Dollars (S ),
for payment whereof Vendor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS.
Vendor has by written agreement dated , 20_, entered into a
contract with Owner for in accordance with
drawings and specifications prepared by which contract is by
reference made a part of hereof, and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Vendor shall promptly and
faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Vendor shall be, and declared by Owner to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
1. Arrange for the Vendor, with the consent of the Owner, to perform and complete the Contract in
accordance with its terms and conditions, or
CW24-064 Janitorial Services for City Municipal Buildings, Facilities,and Utilities Buildings PFB 1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
2. Undertake to perform and complete the Contract itself, through its agents or independent Vendors; or
3. Obtain a bid or bids from qualified Vendors acceptable to the Owner for completing the Contract in
accordance with its terms and conditions, and upon determination by Surety of the most responsible
vendor, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most
responsible vendor, arrange for a contract between such vendor and Owner, and make available as
work progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total
amount payable by Owner to Vendor under the contract and any amendments thereto, less the
amount properly paid by Vendor to Principal.
If the Surety does not proceed as provided above with reasonable promptness, the Surety shall be
deemed to be in default on this bond seven days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations under this bond, and the Owner
shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided above,
and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further
notice the Owner shall be entitled to enforce any remedy available to the Owner.
If the Surety elects to act as set forth above, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Vendor under the Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Contract. Subject to the commitment by the
Owner to pay the balance of the Contract Price,the Surety is obligated, without duplication, for:
1. The responsibilities of the Vendor for correction of defective work and completion of the Contract;
2. Additional legal, design professional and delay costs resulting from the Vendor's default, and
resulting from the actions or failure to act of the Surety set forth above; and
3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance of the Vendor.
If the Surety elects to act in accordance with the requirements of this bond, the Surety's liability is limited
to the amount of this bond.
The Surety shall not be liable to the Owner or others for obligations of the Vendor that are unrelated to
the Contract, and the balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this bond to any person or entity other than the
Owner or its heirs, executors, administrators, successors and assigns.
Any suit under this bond must be instituted before the expiration of one(1)year from the date on which final
payment under the Contract falls due, or within one (1) year after the Vendor ceased working, or within
one (1) year after the Surety refuses or fails to perform its obligations under this bond. If the provisions of
this paragraph are void or prohibited by law, the minimum period of limitation available to sureties in the
jurisdiction of the suit shall be applicable.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Owner named herein or the heirs, executors, administrators or successors of the Owner.
This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant,
except a laborer, who is not in privity with the Vendor and who has not received payment for its labor,
materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish the Vendor with a notice that he intends to look to the bond for protection. A
claimant who is not in privity with the Vendor and who has not received payment for its labor, materials, or
supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or
supplies, deliver to the Vendor and to the Surety written notice of the performance of the labor or delivery
of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be
instituted against the Vendor or the Surety unless both notices have been given. No action shall be
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings PFB-1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
instituted against the Vendor or the Surety on the bond after one (1) year from the performance of the
labor or completion of delivery of the materials or supplies.
When this bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be performed, any provision in this bond conflicting with said statutory or
legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this bond
shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 09 day of i(77 f1A` r , 2024.
C sr C52—
Vendor (Seal)
04\arrA70, r r\
Witness C Q 0
Title C
Surety
.tr't
fitness
Attorney-in-Fact
END OF PERFORMANCE BOND
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings PFB 1
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
Y OA.
r�
c \y
' ON 06
THE PROVISIONS AND LIMITATIONS OF
SECTION 255.05 FLORIDA STATUTES,
INCLUDING BUT NOT LIMITED TO THE
NOTICE AND TIME LIMITATIONS IN
SECTIONS 255.05(2) AND 255.05(10), ARE
INCORPORATED IN THIS BOND BY
REFERENCE.
PAYMENT BOND
JANITORIAL SERVICES
Bid No.: CW24-064
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER
CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
(Insert name of Vendor)
as Principal,
(Address or legal title of Vendor)
hereinafter called Principal,and
(Name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O.
BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use
and benefit of claimants as here below defined, in the amount of
Dollars
($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated , 2024,
entered into a contract with Owner for
in accordance with
drawings and specifications prepared by which contract is by
reference made a part of hereof, and is hereinafter referred to as the Contract.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly
make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required
for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the
Principal for labor, material or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil,
CW24-064 Janitorial Services for City Municipal Buildings.Facilities,and Utilities Buildings PYB•16
THIS FORM SI TALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
Al AWARD
gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)
days after the date on which the last of such claimant's work or labor was done or performed, or
materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute
the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. If there is no Owner default under the Contract, the Surety's obligation to the Owner under this bond
shall arise after the Owner has notified Principal and Surety of claims, demands, liens, or suits against
the Owner or Owner's property by any person seeking payment for labor, materials, or equipment
furnished for use in the performance of the Contract and tendered defense of such claims, demands,
liens, or suits to the Principal and Surety.
4. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall have given written
notice to any two of the following: the Principal, the Owner, or the Surety above named, within
ninety (90)days after such claimant did or performed the last of the work or labor, or furnished the
last of the materials for which such claimant is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for when the work or
labor was done or performed. Such notice shall be served by mailing the same by registered mail
or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at
any place where an office is regularly maintained for the transaction of business, or served in any
manner in which legal process may be served in the State in which the aforesaid project is located,
save that such service need not be made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work on such
Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by
any law controlling the construction hereof such limitation shall be deemed to be amended so as
to be equal to the minimum period of limitation permitted by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other political
subdivision of the State in which the Project, or any part thereof, is situated, or in the United States
District Court for the district in which the Project, or any part thereof,is situated,and not elsewhere.
5. When a claimant has satisfied the conditions of section 4, Surety shall promptly and at the Surety's
expense take the following actions:
a. Send an answer to claimant with a copy to the Owner, within sixty (60) days after receipt of the
claim, stating the amounts that are undisputed and the basis for challenging any amounts that are
disputed; and
b. Pay or arrange for payment of any undisputed amounts.
c. The Surety's failure to discharge its obligations under section (a) or (b) shall not be deemed to
constitute a waiver of defenses the Surety or Principal may have or acquire as to a claim, except
as to undisputed amounts for which the Surety and claimant have reached agreement. If,
however, the Surety fails to discharge its obligations under section (a) or (b), the Surety shall
indemnify the claimant for the reasonable attorney's fees the claimant incurs thereafter to recover
any sums found to be due and owing to the claimant.
6. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good
faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record
against such improvements, whether or not claim for the amount of such lien be presented under and
against this bond.
CW24-054 Janitorial Services for City Municipal Buildngs,Facilities,and Utili@es Buildings PYB-17
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
7. The Surety shall not be liable to the Owner, claimants or others for obligations of the Principal that are
unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any
claimant under this bond, and shall have under this bond no obligation to make payments to, or give
notice on behalf of, claimants or otherwise have any obligations to claimants wider this bond.
8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related
subcontracts. purchase orders, and other obligations.
9, This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended, and the
provisions and limitations of Section 255.05, Florida Statutes. including, but not limited to the notice
and time limitations in Sections 255.05(2) and 255.05(10) are incorporated into this bond by
reference. A claimant, except a laborer, who is not in privity with the Principal and who has not
received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish
labor, materials, or supplies for the prosecution of the work. furnish the Principal with a notice that he
intends to look to the bond for protection. A claimant who is not in privity with the Principal and who
has not received payment for its labor, materials, or supplies shall, within 90 days after performance of
the labor or after complete delivery of the materials or supplies, deliver to the Principal and to the
Surety written notice of the performance of the labor or delivery of the materials or supplies and the
nonpayment. No action for the labor, materials, or supplies may be instituted against the Principal or
the Surety unless both notices have been given. No action shall be instituted against the Principal or
the Surety on the bond after one (1) year from the performance of the labor or completion of delivery
of the materials or supplies.
10. When this bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be performed, any provision in this bond conflicting with said statutory or
legal requirement shall be deemed deleted here from and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this
bond shall be construed as a statutory bond and not as a common law bond.
11. Upon request by any person or entity appearing to be a potential beneficiary of this bond, the Principal
and Owner shall promptly furnish a copy of this bond or shall permit a copy to be made
12. The Principal and Surety, jointly and severally. bind themselves, their heirs, executors, administrators,
successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the
performance of the Contract, which is incorporated herein by reference, subject to the terms set forth
above.
Signed and sealed this day of , 2024.
�/C\C‘/‘0\ Principal (Seal)
Witness
Surety
I Hess
Attorney-in-Fact
END OF PAYMENT BOND
CW24-064 Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings PYB.18
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance
companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The
following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE:
This list is not all Inclusive, and the City reserves the right to require additional types of insurance, or to raise or
lower the stated limits,based upon identified risk.)
TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $ 50,000.00
Broad Form Vendors Med.Expense(any one person) $ 5,000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
Professional Liability Aggregate-$1,000,000.00
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease, Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
Property:
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
Other-As Risk Identified to be determined
INSURANCE ADVISORY FORM Revised 04/2021
Insurance Advisory
EXHIBIT "A "
SCHEDULE OF PRICES
G61 Y O4
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Or- \ t
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CW24-064-Janitorial Services for City Municipal Buildings,Facilities,and Utilities Buildings-Overview of Specifications and Schedule of Prices
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