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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. 15 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 27 28 29 30 31 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 TI 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 30 31 f� 32 33 Jan �a, MMC, 34 < 35 36 37 or Seal) � 6 S:\ Reso - Bid Award - Custodial Services - First Genesis.doc I 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 � ), z' 4 - -, � 7 Pity Clerk - 6 eP Approved as to F Office of the (Corporate Seal) Attest/Authenticated: Jcl � r�1. CCU °��d► 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 S: \COWP AFTER CO MMIS S I WDepartrn ental Tran smittal s\2 0 j i \ rn Ho vv ard R 1 1-064 Agreement for Custodial S ervices of Ciy Facilities Executed.doc America 's Gateway to the Gidfsti�eain