R11-0641 RESOLUTION NO. R 11- 06
'r:
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF THE REMAINING
6 PERIOD OF THE "TWO YEAR CONTRACT FOR
7 CUSTODIAL CLEANING SERVICES FOR
8 FACILITIES" BID NO. 063 - 2511- 10 /JMA), TO FIRST
9 GENESIS LAWN SERVICE, INC., OF BOYNTON
10 BEACH, FLORIDA, FOR A TOTAL CONTRACT
11 COST IN THE AMOUNT OF $366,656;
12 AUTHORIZING THE MAYOR TO EXECUTE SAID
13 AGREEMENT; AND PROVIDING AN EFFECTIVE
14 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, due to the cancellation of the current custodial contract it is necessary to
23 award the contract for custodial cleaning services for facilities to the second lowest bidder;
24 and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
26 recommendation of staff, deems it to be in the best interests of the residents and citizens of
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the City of Boynton Beach to approve the award of the remaining of the Two -year Contract
for Custodial Cleaning Services for Facilities" Bid #063 - 2511- 10 /JMA to First Genesis Lawn
Service, Inc., of Boynton Beach, Florida in the total contract amount of $366,656.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S: \CA \RESO\Agreements \Reso - Bid Award - Custodial Services - First Genesis.doc
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1 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.
4 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
5 approves the award of the remaining period June 8, 2011 to September 30, 2012) for the
6 Two -year Contract for Custodial Cleaning Services for Facilities" Bid #063 - 2511- 10 /JMA to
7 First Genesis Lawn Service, Inc., of Boynton Beach, Florida in the total contract amount of
8 $366,656, and authorizes the Mayor to execute the Agreement between the parties, a copy of
9 which is attached hereto.
10 Section 3. That this Resolution shall become effective immediately.
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PASSED AND ADOPTED THIS I " day of June, 2011.
CITY F BOYNTON BEACH, FLORIDA
ma. e oariguez
ice M or — William Orlove
Com Sion'er — Woodrow A. I a
missioner-4,St�n Holzma
� X_
Commissioner — Marlene Ross
29 ATTEST:
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31 f�
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33 Jan �a, MMC,
34 <
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37 or Seal)
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S:\ Reso - Bid Award - Custodial Services - First Genesis.doc
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A/ / - O& q
AGREEMENT THROUGH SEPTEMBER 30, 2012
FOR CUSTODIAL SERVICES OF CITY FACILITIES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City ", and First Genesis Lawn Service, Inc., of Boynton Beach, Florida_ 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 #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 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 until SEPTEMBER 30, 2012, 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
$22,902.00 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. 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 portion
thereof, including attorneys fees and costs, arising 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 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, shall be enforced for any additional cost
incurred to complete the annual contract.
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:
First Genesis Lawn Service, Inc.
P.O. Box 244061
Boynton Beach, FL 33424 -4061
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
t�
CITY OF BOYNTON BEACH s
Mayo
Attest /Authenticated:
2011.
FIRST GENESIS LAWN SERVICE, INC.
Contractor
Title
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Pity Clerk - 6 eP
Approved as to F
Office of the
(Corporate Seal)
Attest/Authenticated:
Jcl
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Secreta ,
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: prainitpj@bbfl.us
www.boynton-beach.org
TO: Tim Howard
Deputy Director of Finance
FROM: Judith A. Pyle
Deputy City Clerk
DATE: August 3, 2011
7
SUBJECT: Rll-064 Agreement through September 30, 2012 for Custodia-
Services of City Facilities
Attached for your information and file is an executed copy of the agreement 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.
A chmen
C: Central File
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Ciy Facilities Executed.doc
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