R06-150
1 RESOLUTION NO. R 06- 150
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF BID NO. 042-2511-
6 06/JA), TWO YEAR CONTRACT FOR CUSTODIAL
7 SERVICES FOR CITY FACILITIES" FOR AREAS
8 "B" THROUGH "H" TO FIRST GENESIS LAWN
9 SERVICES, INC., FOR AN ESTIMATED ANNUAL
10 EXPENDITURE OF $191,724.00; AUTHORIZING
11 THE MAYOR TO EXECUTE SAID CONTRACT;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on June 14,2006, Procurement Services received and tabulated five (5)
15 proposals, and it was determined that areas "B" through "H" be awarded for a two year
16 period to First Genesis Lawn Services, Inc., for an estimated annual expenditure of
17 $191,724.00.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
19 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
24 approves the award, for a two year period, of areas "B" through "H" to, First Genesis Lawn
25 Services, Inc., for an estimated annual expenditure of$191,724.00, and authorizes the Mayor
26 0 execute the Agreement between the parties, a copy of which is attached hereto.
27
Section 3.
That this Resolution shall become effective immediately.
28
:\CA\RESO\Agreements\Bid Awards\Bid Award -Custodial Services - First Genisis.doc
II
PASSED AND ADOPTED THIS ~ day of September, 2006.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
.../... ~"
~:~~~ )
-~~-7
( --
'---_0",
~1n. ~
Ity lerk
S:\CA\RESO\Agreements\Bid Awards\Bid Award -Custodial Services - First Genisis.doc
Rob-ISO
AGREEMENT FOR Revised 08/14/2006
TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES
FOR CITY FACILITIES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and FIRST GENESIS LAWN SERVICES. INC. hereinafter referred to as "the
Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. 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 #042-2511-06/JA
2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the
giving of written notice by the City to the Contractor to proceed. Contractor shall perform all
services and provide all work required pursuant to this agreement by SEPTEMBER 30. 2008,
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
services rendered under this agreement as follows:
a. Payment for the work provided by contactor shall be made as provided on exhibit "A"
attached hereto, provided that the total amount of payment to Contractor shall not exceed
$ 13.487.00 per month, for Areas 'B' through 'H' only, without express written modification
of the agreement signed by the City.
Final payment of any balance due the Contractor of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this agreement and its acceptance by the City.
Payment as provided in this section shall be full compensation for work performed, services
rendered and for all materials, supplies, equipment and incidentals necessary to complete the
work as provided on Exhibit "A".
The Contractor'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 three (3) years after final
payments. Copies shall be made upon request.
5. COMPLIANCE WITH LAWS. Contractor shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all federal, state and
local laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
6. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
CA-l
portion thereof, including attorneys fees and costs, anslllg from injury or death to persons,
including injuries, sickness, disease or death to Contractor's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Contractor.
7. INSURANCE. The Contractor shall secure and maintain in force throughout the duration
of this contract comprehensive general liability insurance with 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, and professional liability insurance in the amount of
$1,000,000 (see Attachment 'A").
8. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor
is an independent contractor with respect to the services 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 Contractor nor any employee of Contractor 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 Contractor, or any employee of
Contractor.
9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract 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.
10. DISCRIMINATION PROHffiITED. The Contractor, 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, sex, or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
12. 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.
13. TERMINATION. The City reserves the right to terminate this contract without cause
effective thirty days from the date of the written notice.
Liability of the bidder for any and all such violation(s) shall not be affected by any such
termination and his surety as required by the bidding documents, shall be enforced for any
additional cost incurred to complete the annual contract.
CA-2
In the event of the death of a member, partner or officer of the Contractor, or any of its
supervisory personnel assigned to this agreement, the surviving members of the Contractor
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 Contractor and the City, if the city so chooses.
14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida
Law.
15. NOTICES. Notices 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
Attention: Paula Leblanc, Facilities Management Supervisor
Notices to Contractor shall be sent to the following address:
16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. This agreement
may be amended only by written instrument signed by both city and Contractor.
DATED this ~ day of .Ei:?.frembeR-
200 G:,.
FIRST GENESIS LAWN SERVICES. INC.
~/~~
" ,
Contractor
KURT BRESSNER
CITY M~NA.GER
BOYNiON BEACH. Fl
~AtC0"/o6I//
Title
Attest/Authenticated:
Yn.~
(Corporate Seal)
CA-3
Approved as to Form:
-\<=-/~s
Office of the City Attorney
CA4
Attest! Authenticated:
Secretary
The City of
Boynton Beach
'G'. .'
,. ."" ,
(7'
'! ~ '
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6310
FAX: (561) 742-6316
September 11, 2006
FIRST GENESIS LAWN SERVICES, INC.
P.O. BOX 244061
BOYNTON BEACH, FL 33461
ATTN: MACK MCCLENDON
RE: "TWO-YEAR CONTRACT FOR CUSTODIAL SERVICES FOR FACILITIES"
BID #042-2511-06/JA
Dear Mr. McClendon,
At the City Commission meeting of September 06, 2006, the Bid for the "TWO-YEAR
CONTRACT FOR CUSTODIAL SERVICES FOR FACILITIES" was awarded to your
company.
Enclosed is a contract signed by the City. Please execute the contract on behalf of your company
and return it to me at your earliest convenience.
As stipulated within the Bid specifications, your original Certificate of Insurance has been
received by our Risk Management Department, naming the City as additionally insured.
A Purchase Order will be issued.
Thank you for responding to this project, if you should have any questions regarding this Bid,
please feel free to contact my office at (561) 742-6322.
Bobby Jenk s,
Assistant to the Director of Financial Services
/ja
Enclosure:
Original Contract signed on behalf of the City
C
Paula LeBlanc - Facilities Management Supervisor
Central File
File
Americas Gateway to the Gulfstream