R08-142
I
1 RESOLUTION NO. R 08- ,10./;)..
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AN ANNUAL CONTRACT FOR
6 JANITORIAL SERVICE FOT THE LINKS AT
7 BOYNTON BEACH GOLF COURSE WITH
8 CLEANING QUALITY SERVICES US CORP., IN
9 THE AMOUNT OF $23,472.00; AUTHORIZING THE
10 MAYOR TO EXECUTE SAID AGREEMENT; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, on October 23, 2008, the Procurement Services received and opened
15 nineteen (19) proposals for bid #003-2910-09/JA, Annual Contract for Janitorial Service for
16 the Links at Boynton Beach Golf Course; and
17 WHEREAS, it is recommended to award this bid to Cleaning Quality Services US
18 Corp., of Hollywood, Florida which was the lowest, most responsive, responsible bidder who
19 meets all specifications.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
26 approves an Annual Contract for Janitorial Service for the Links at Boynton Beach Golf
27 Course Bid #003-291O-09/JA with Cleaning Quality Services US Corp., of Hollywood,
28 Florida with an annual expenditure of $23,472.00 and authorizes the Mayor and City Clerk to
29 execute the Agreement between the parties, a copy of which is attached hereto as Exhibit "A".
:\CA\RESO\Agreements\Janitorial Services - Golf Course (2009).doc
I
1 Section 3. That this Resolution shall become effective immediately.
2 PASSED AND ADOPTED THIS ~ day of December, 2008.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5 t~~
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22 p~
23 .
24
25
26
27
28
:\CA\RESO\Agreements\Janitorial Services - Golf Course (2009).doc
AGREEMENT FOR R08 - ['-' ~
"ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT
BOYNTON BEACH GOLF COURSE"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and CLEANING QUALITY SERVICES US CORP. hereinafter referred to as
"the Bidder", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Bidder is retained by the City to perform custodial
services in connection with the bid designated "ANNUAL CONTRACT FOR JANITORIAL
SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE" . Bid #003-2910-
09/JA
2. SCOPE OF SERVICES. Bidder 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 Bidder to proceed. Bidder shall perform all services
and provide all work required pursuant to this agreement by December 16. 2009. unless an
extension of such time is granted in writing by the City.
4. PAYMENT. The Bidder shall be paid by the Golf Course 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 Bidder shall not exceed
$23.472.00. annuallv, without express written modification of the agreement signed by
the City.
Final payment of any balance due the Bidder 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 Bidder'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. Bidder 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. INDEMNIFICA TION. Bidder 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
portion thereot~ including attorneys fees and costs, arising from injury or death to persons,
CA I
including injuries, sickness, disease or death to Bidder's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Bidder.
7. INSURANCE. The Bidder 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 mJury; 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 BIDDER. The Bidder and the City agree that the Bidder is an
independent Bidder 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 Bidder nor any employee of Bidder 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 Bidder, or any employee of Bidder.
9. COVENANT AGAINST CONTINGENT FEES. The Bidder warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely
for the Bidder, 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 Bidder, 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 PROHIBITED. The Bidder, 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 Bidder 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. TERMINA TION. If the business relationship is deemed to be unsatisfactory by either
the bidder or the Links for any reason, the contract may be ended by either party with 24 hours
written notice with no further labor or financial considerations being considered due.
In the event of the death of a member, partner or officer of the Bidder, or any of its supervisory
personnel assigned to this agreement, the surviving members of the Bidder 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
Bidder and the City, if the city so chooses.
CA2
. 14. DISPUTES. Any dispute arisir!g out of the terms or conditions of this agreement shall be
adjudicated within the courts ofFlonda. 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: Scott Wahlin
Notices to Bidder shall be sent to the following address:
Cleaning Quality Services US Corp.
711 N. 69th Way
Hollywood, Fl 33024
Attn: Glady Castro
16. INTEGRA TED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Bidder and supersedes
all prior negotiations, representations, or agreements written or oral. This agreement m:::)' be
amended only by written instrument signed by both city and Bidder.
DA TED this _..'1/ 2007
--,'/ - --- -
~ITY OF BOYNTON BEACH CLeA~N~ ~)~ 5eR.VlLf? U5 COR P.
ffr
"'-
Bi
--J2.R E~/.t/.B/f
1i1'tle
Attest/ Amhenticated:
'fn.~
Approved as to Form:
~~~
---- -
Uftice of the City Attorney
CA 3
The Citg of Bo'lnton Beach
,i((7' '\,
. "\...' .'\........;
iei
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: December 23, 2008
SUBJECT: R08-142 - Annual Contract For Janitorial Service for the Links at
Boynton Beach Golf Course
Attached for your handling is the partially executed agreement mentioned above and a
copy of the Resolution. Once the document has been fully executed, please return the
original document to the City Clerk's Office for Central File.
Thank you.
(Y.t-, 'tn. p~
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmitlals\2008\Carol Doppler R08-130.doc
America's Gateway to the Gulfstream