R02-157
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RESOLUTION NO. R 02- 157
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD AREAS "B" THROUGH "J" OF BID NO.
072-2511-02/KR), TWO YEAR CONTRACT FOR
CUSTODIAL SERVICES FOR CITY FACILITIES" TO
CLEANING SYSTEMS, INC., FOR AN ESTIMATED
ANNUAL EXPENDITURE OF $183,362.00 AND
AWARDING AREA "A" TO CITY CUSTODIAL STAFF;
AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on August 20, 2002, Procurement Services received and tabulated
eleven (11) proposals, and it was determined that areas "B" through "J" be awarded to
Cleaning Systems, Inc., for an estimated annual expenditure of $183,362, and Area "A"
to City custodial staff;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of areas "B" through "J" to, Cleaning Systems, Inc., for an
estimated annual expenditure of $183,362, and Area "A" to City custodial staff, and
authorizes the Mayor to execute a Contract between the parties, a copy of which is
attached hereto.
Section 2.
That this Resolution shall become effective immediately.
S:\CA\RESO\Agreements\Bid Awards\Bid Award -Cleaning Systems.doc
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PASSED AND ADOPTED THIS .rL... day of September, 2002.
ATTEST:
ACH, FLORIDA
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SERVICE AGREEl\IENT FOR
T\VO- YEAR CONTRACT FOR CUSTODIAL SERVICES
FOR CITY FACILITIES
THIS AGREEME1\T'f is entered into bet\l,;een the City 0: Boynton Beach. heremafter referred to
as "the City", and ~LEANI~G S,\:'STiMS. INC., hereinafter referred to as "the Contractor", In
consideration of the mutllal benefits, tenns. and r;,onditions heTe~11after specified,
1. PROJECT DESIGNATIOX The Contractor is retained by the City to perform custodial
services in connection with the bid designated TWO.YEAR CONTRACT fOR
CUSTODIAL SERVICES FOR CITY FACILITIES, Bid #072-25}O-02/KR.
2, SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision or all labor, materials, equip:nent and supplies.
3, TIME FOR PERFOR.'\1A1'CE. Work 'Jl1der this contract shall commence upon tbe giving of
written notice by the City to the Con::::actor to proceed. Contractor shall perform all services
and provide an work product required pursuant to this agreement by September 30. 2004
trom the date written notice 1S given to proceed, unless an extension of such time is granted
in writing by the City.
4. PAYMENT. The Contractor shall be paid by the City for completed work and for servic.es
rendered under ~his agreement as follows:
ii. Payment for the work provided by Cor.tractor shall be made as provided on Exhibit uB"
attached hereto: provided that the total amount of payment to Contractor shall not exceed
. ~.. ~15.280.13 per mouth. for Areas CD' throu'ih CJ' only. without express ,^'litten
'7f' modification of the agreement signed by the City.
b. The Contractor may submit vouc:ers to the City Ol'lCe per mond1 during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Contractor
in the amount approved,
c. Final payment of any balance due the Contractor of the total contract price earned will be
made promptly upon its ascenain:nent and verification by the City after the completion of
the work under this agreement and its a.cceptance by the City.
d. Pa}ment as provided in this section shall be full compensation for work perfonned,.
services rendered and for all materials, supplies, equiprner;t and incidentals necessary tOI
complete the work as provided on Exhibit "B".
e. The Contractor's records and accounts pertaining to this agreement are to be kepi;
available for inspection by representatives of the City and State for a period of three (3}
years after final pa)oments. Copies shan be mad: available upon request.
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5. COMPLIANCE WITH LAWS. Contractor sball, in performing the ser\'jces contemplated by
this service agreement, faithfully observe atld c.omply ',vith all federal, state and local1aws,
ordinances a.nd regulations that are applica::le to the services t~ be rendered under this
agreement.
6, INDEMNIFICATION. Co~tractor shall indemnify, defend and hold harmless the City, its
of'fices, agents and employees, from and against any and all claims, losses or liabllity, or at.y
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to CO:l.tractor's owr. employees, or damage to
property occasioned by a negligem act, omission Qr failure of the CC:'Intracto!'
'7. fNS'L'RANCE. The Contractcr shall secure and maintain in force tl".roughout :he duration of
this contract comprehensive general liability insurance with a minL."I1um coverage of
$1,000,000 per occurrence and $1,000,000 aggregate faT personal injury; and 51,000,000 per
oc~urrenc~/aggregate for property damage, a...id professional liability insurance in the amount
0[$1,000,000 (see Attachment 'A').
Said general liability policy shall name the City of Boynton Beach as an additional named,
insured and shall include a ?Tovision prohibiting cancellation of said policy except uponl
thirty (30) days prior ""Titten notice to the City. Certificates of covera.ge as required by thia
section shall be delivered to the City within fifteen (15) days of execution afthis agreement.
8, :r.mE?E~'DENT CONTRACTOR The Contractor and the City agree that the Contractor i~
an independent contractor with respect to tJ.e services provided pursuant to this agreement)
Nothing in this agreement shan be considered to create tho relationship' of employer an~
employee between the parties hereto. Neifr',er Contractor nor any employee of Contractor
shall be entitled to any benefits accorded City employees by virtue of the services provide.,!
under this agreement. The City shall not be responsible for withholding or otherwis~
deducting federal income tax or social security or for contributing to the state industriit1
insurance program, otherwise assuming the duties of an employer with respect to Contractor,
or any employee of Contractor.
9. COVENAKT AGAINST CONTINGENT FEES. The Contractor warrants that he has npt
employed or retained any company or person, other than a bona fide employee workir,g
sole:y for the Contractor, to solicit or secure this contract, and tba.t he has not paid or agret~d
to pay any company or person, other than a bona fide employee werking solely fOT tl~e
Contractor, any fee, commission, percel1tage, brokerage fee, gifts, or any other consideratit,m
contingent upon or resulting from the award or making of this contract. For breach ;;>r
violation of this warranty, the City shall have the right to ann'.:l this contract \vitbo'Jt liabiUt;
0:', ;n its discretion to deduct from the contract price or considera.tion, or othel"\\"ise recov!,:r,
the full amount of suc~ fee, commission, ?ercentaie. brokerage fee, gift, or contingent fee.
10 DISClUMINATION PROHIBiTED, The Contractor, with regard to ':he work performed by
it under this agreement, will not discriminate on th~ grounds of race, color, national ori8;in,
religion, c:-eed, age. sex or the presence of any physical or sensory handicap in the select;on
and retention of employees or procuremen: of matenals or supplies.
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11. ASSIG~1\.1ENT. The Contractor shall not sublet or assign any of the services covered by this
agreement without the express v..'T'itt:m consent of the City,
12. NON~WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided ror in thi5 agreement sha.ll not constitute a waiver of any other prevision.
13. TERMJ}-;ATION.
a. The City reserves the right to terminate this contract without cause effectj'\'e :hirty days
from the date of the written ndtice.
b. In the event that any of the provisions of the Comract are violated by the Comractor, the
City may serve written notice upon Contractor of its' intention to tem1mate the Contract.
c. Liability of the bidder for any and all such violations(s) shall not be affected by any such
termination and his surety as required by the bidding documents, shall be enforced tor
any additional cost ir.curred to complete the anllual contract.
d. In the event of the deat.."t of a member, partner or officer of the Contractor. or any of its
supervisory persoMel assigned to the project, the surviving members of the Contractor
hereby agree to complete the work under the tenns of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
suniving members of the Contractor and the City, if the City so chooses.
14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shali be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
15. NOTICES, ~otices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach~ FL 33425-0310
Attn: Richard Fiege, Facilities Management Supervisor
Notices to Contractor shall be sent to the following address:
Cleaning Systems, Inc,
10330 NW 55th Street
Sunris~, FL 33351
At~n: James Fischer
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16. INTEGRATED AGREEMENT This agreement. tcgether wIth attachments or addenda,
rep:-esents the entire and integrate:i agreement between the City a.'1d t::le Contractor and
supersedes all prior negotiations, repre~entations. or agreements written or oral. This
agreer.:ent ma:" be amended only by written i!1strument signed by both City and Contrac,tor.
DATE;) this J.l.. day of Se.f'rI!!M6~R..
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CITX OF BOYNTO~ BEACH
NAME OF CONTRACTOR
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Mayor
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OCT-10-2003 02:00 AM C~EANING SYSTEMS INC
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The City of
~oynton Beach
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Joo E. Boy'"o" lH_eh BOIIU11"rtl
P.O. BIM J 10
BoyJlU" B,."s., 1101'1" !U42J.OJI0
T.I'pItOR' Nfl: (561) 742-6320
FAX: (J61) 742-63Od
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September 1 B, 2002
CLEANING SYSTEMS, rNC.
10320 NW 55Tfl STREET
SL~SE.FL 33351
ATTN: JAMES FISCHER
lU.: "T\VO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY FACILITIES"
BID #072-2S11.02/KR
Dear Mr. Pischer:
At the City Commiuion meeting of Septe:nber 17, 2002. the bid for the 16TWO.YEAR CONTRACT FOR
CUSTODIAL SERVICES FOR CtTY FACILITIES", was awarded to )'our cotnplUlY.
Enclo,ed is a Tabulation sheet for your review, along with 1I Contract signed by the City, Please exe~),lte the
contrac1: on behr.lf of your comtWlV and return it to me at your earliest convenience,
As stipulated within the Bid specifioations, your company's original Certificate of Insurance is to be provided to our
Riak Management Department at your carhest convenience, naminll the City as a.dditional ill!ured. At this time
your 100% Performance and Payment Bond is regulred,
Your ,O/C Bid Bond will be returned. and a Purchase Order will be issued after aU required docu!nents lire received
and approved,
We thank you for rcspond:n!l to this project. If YOI.l shol.lld have any questions regarding this bid, please feel free to
contact my office at (561) 742-6322
Sincere ly.
.'#"~/~~ '
Bill Atkins
Deputy Director of Financlai Services
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Enele;IIoTCI. 'rabu;atio~ S:,eet. Contract silnld on behAlf of tt'.c Ci:y
~: Jeff Uveraood. Publi; Worlet DireclOr
ehri. Robcrur. AniSian: Publle Works Director
R.lch Ficse, faellilic:s Management Sll1'ervilor
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