R10-136
II
1 RESOLUTION NO. RIO-I?>"
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF THE "TWO YEAR
6 CONTRACT FOR CUSTODIAL CLEANING
7 SERVICES FOR FACILITIES" BID NO. 063-2511-
8 10/JMA), TO JT BAY, LLC., D/B/A PERFORMANCE
9 CLEANING GROUP OF TAMP A, FLORIDA, IN THE
10 AMOUNT OF $223,533.84 PLUS A 10%
11 CONTINGENCY FOR A TOTAL ANNUAL AWARD
12 OF $245,887.22; AUTHORIZING THE MAYOR TO
13 EXECUTE SAID CONTRACT; AND PROVIDING AN
14 EFFECTIVE DATE.
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16 WHEREAS, on August 17, 2010, Procurement Services received, opened and
17 tabulated thirteen (13) proposals; and
18 WHEREAS, all proposals were reviewed by Procurement, Public Works
19 Department, Facilities Division and references were checked and it was determined that JT
20 Bay, LLC., d/b/a Performance Cleaning Group was the lowest, most responsive responsible
21 bidder who met all specifications; and
22 WHEREAS, the City Commission of the City of Boynton Beach, upon
23 recommendation of staff, deems it to be in the best interests of the residents and citizens of
24 the City of Boynton Beach to approve the award of a Two-year Contract for Custodial
25 Cleaning Services for Facilities" Bid #063-2511-1 O/JMA to JT Bay, LLC., d/b/a Performance
26 Cleaning Group of Tampa, Florida in the amount 01'$223,533.84 plus a 10% contingency for
27 a total annual award amount if$245,887.22 for each year of the two year contract.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Reso - Bid Award -Custodial Services - JT Bay LLC.doc
II
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
5 approves the award of a Two-year Contract for Custodial Cleaning Services for Facilities"
6 Bid #063-2511-10/JMA to JT Bay, LLC., d/b/a Performance Cleaning Group of Tampa,
7 Florida in the amount of $223,533.84 plus a 10% contingency for a total annual award
8 amount if $245,887.22 for each year of the two year contract, and authorizes the Mayor to
9 execute the Agreement between the parties, a copy of which is attached hereto.
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Section 3.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED THIS ~ day of September, 201 O.
CITY OF BOYNTON BEACH, FLORIDA
4
Commissioner -
ATTEST:
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eso - Bid Award -Custodial Services - JT Bay LLC.doc
R 10 - 13Co
AGREEMENT FOR
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 JT Bay, LLC d/b/a Performance Cleaning Group. 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 FACIL.ITIES. Bid #063-2511-10/JMA.
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 PERFOR.MANCE. Work under this contract shall commence upon the
giving of \\oTitten notice by the City to the Contractor to proceed. Contractor shall perform all
services and provide all work required pursuant to this aOIeement until SEPTEl\tffiER 30" 2012.
with two. one (1) year extensions if a2reed upon bv both parties.
4. PA YMENT. 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
$18,627.82 per month, 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. INDEMNIFICA TION. 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
portion thereof, includ.ing attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to ContractDr'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. TIle City shaH 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, DISCRIMINA nON PROHIBITED. 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, shan be enforced for any
additional cost incurred to complete the arumal contract.
In the event of the death of a member, partner or otllcer 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, ifthe city so chooses.
14. DISPUTES. Any dispute arising out of th~ terms or conditions ofthis 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
20~O.
CITY OF BOYNTON BEACH
Title . l \ \)L
e Dam.' 0 R, uj 1( \..t \ \'=>
Nptary ic 0
.. . · . State of Florida L ')(
.... · './ .. My Commissioct ExpireS 09/2412011 oa. \
Commission No.DD 1Ul233
(Corporate Seal)
Attest! Authenticated:
Secretary
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BL VO
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
September 27, 2010
Mr. Daniel Gorritz
Performance Cleaning Group
7402 N. 56th Street
Suite 840
Tampa, FL 33617
Re: Resolution # Rl0-136 Agreement for Two Year Contract for Custodial Services for
City Facilities
Dear Mr. Gorritz:
Attached for your handling is the original agreement and a copy of the Resolution mentioned above.
Once the agreement has been signed, please return the original to the City Clerk's Office for further
processing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
/) Y:'if&:
,;1 .. </,
I" .' .i /' ' t'-7
'J f;vC v 1.,
~ ith A. Pyle, .
tity Clerk L,
Attachments
(agreement & resolution)
tis
s: \ cc \ WP \ AFTER COMMISSION \ Other Transmittal Letters After Commission \20 1 0 \ R 11 0-136 2 Year Contract for Cutodial
Services. doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing
FROM: Janet M. Prainito, MMC
City Clerk
DATE: October 12, 2010
SUBJECT: Rl0-136 Agreement for Two Year Contract for Custodial services
for City Facilities
Attached for your information and file is a copy of the contract mentioned above. Since
the document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
~/Yl. ~
Attachment
(Agreement)
C: Central File
\
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 1 O\Carol Doppler Rl 0-0 136.doc
America's Gateway to the Gulfstream