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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-164Temp. Reso. # 11036 September 13, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE TERMINATION OF THE AGREEMENT WITH CLEANING SYSTEMS, INC; AUTHORIZING THE APPROPRIATE CITY OFFICALS TO EXECUTE AN AGREEMENT WITH TRIANGLE SERVICES, INC FOR CITYWIDE JANITORIAL SERVICES PER BID NO. 06-0813; AUTHORIZING AN ANNUAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $246,648; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission deems it to be in the best interest of the citizens, residents, and staff of the City of Tamarac to maintain City facilities through proper janitorial service provided in a cost-effective and efficient manner; and WHEREAS, the City of Tamarac publicly advertised Bid No. 06-08B for janitorial services; and WHEREAS, the current Contractor, Cleaning Systems, Inc., awarded an Agreement under Resolution R-2006-63 approved by the City Commission on April 26, 2006, is unable to meet all requirements for the City's needs, a copy of said Resolution and Agreement are hereto attached as Exhibit 1; and WHEREAS, in order to provide proper janitorial services in a cost-effective and efficient manner, it is necessary to enter into a replacement Agreement with the second lowest responsive and responsible bidder; and WHEREAS, Triangle Services, Inc., submitted the second lowest responsive and responsible bid proposal for providing janitorial services to certain City owned facilities in Temp. Reso. # 11036 September 13, 2006 Page 2 the amount of $246,648, hereto attached as Exhibit 2; and WHEREAS, the Technical Specifications of Bid #06-08B allows the City, at its own discretion, to provide contracted janitorial services to any City owned facility, any combination of City owned facilities, or all City owned facilities; and WHEREAS, Triangle Services, Inc., agreed to provide janitorial services, pursuant to the Terms & Conditions, Special Conditions, and Technical Specifications of Bid #06-08B to City Hall, Transportation Division (Broward Sheriff's Office Building), Recreational Center, Multipurpose Center, Caporella Aquatic Center, Public Works Building, Utilities Building, Water Treatment Plant, Satellite City Hall, Community Center, and Fire Station #15 for an amount not to exceed $246,648; and WHEREAS, Triangle Services, Inc. agreed to provide janitorial services to additional City facilities upon thirty (30) days written notice from the City and pursuant to the Terms and Conditions, Special Conditions, Technical Specifications of Bid #06-08B; and WHEREAS, the Public Works Director, and Purchasing and Contracts Manager recommend rescinding the Agreement with Cleaning Systems, Inc.; and WHEREAS, the Public Works Director, and Purchasing and Contracts Manager recommend that the appropriate City Officials enter into an Agreement to utilize Triangle Services, Inc., for contract janitorial services, a copy of said Agreement is included herein as Exhibit 3; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to rescind the Agreement with Cleaning Systems, Inc. and award an Agreement with Triangle Services, Inc. to provide janitorial services. 1 Temp. Reso. # 11036 September 13, 2006 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution upon adoption hereof. . SECTION 2: The rescinding of the Agreement dated April 26, 2006 with Cleaning Systems, Inc. is HEREBY approved. SECTION 3: That the appropriate City Officials are HEREBY authorized to rescind the Agreement with Cleaning Systems, Inc. SECTION 4: The award of Bid #06-08B to Triangle Services, Inc., is HEREBY approved for an amount not to exceed $246,648 annually for the term of the Agreement. SECTION 5: That the appropriate City Officials are HEREBY authorized to execute an agreement with Triangle Services, Inc., a copy of said Agreement being hereto attached as Exhibit "3". SECTION 6: . That funding in an amount not to exceed $246,648 is hereby approved. SECTION 7: All budget amendments for proper accounting purposes are hereby authorized. SECTION 8: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to.the extent of such conflict. SECTION 9: If any provision of this Resolution or the application thereof to Temp. Reso. # 11036 September 13, 2006 Page 4 any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 10: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13-4) ATTEST: MARION SW NSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. yloqkk' 0 -2/O6 SA EL N CITY ATTO Y day of 2006. BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF P DIST 4: COMM. DRESSLER 'Nie- l -F 1 1 1 Temporary Reso. No. 11036 -- Exhibit 1 Temp. Reso. #10940 April 26, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-L _� A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF BID NO.06-08B TO CLEANING SYSTEMS, INC., FOR CITYWIDE JANITORIAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CLEANING SYSTEMS, INC.; AUTHORIZING AN ANNUAL EXPENDITURE IN AN AMOUNT NOT TO EXCEED $211,800; APPROVING A BUDGET TRANSFER OF $13,000 WITHIN THE GENERAL FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission deems it to be In the best interest of the citizens, residents, and staff of the City of Tamarac to maintain City facilities through proper janitorial service provided in a cost-effective and efficient manner; and WHEREAS, the City of Tamarac publicly advertised Bid No. 06-08B for janitorial services; and WHEREAS, the Invitation for Bid No. 06-08B is attached hereto as Exhibit N1"; and WHEREAS, on March 23, 2006, three (3) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Triangle Services offered a bid price of $246,648 and FBG Service Corporation offered a bid price of $255,864 for providing janitorial services to certain City facilities; and WHEREAS, Cleaning Systems, Inc., submitted the lowest responsive and responsible bid proposal for providing janitorial services to certain City owned facilities in the amount of $211,800; and Temporary Reso. No. 11036 — Exhibit 1 Temp. Reso. #10940 April 26, 2006 Page 2 WHEREAS, a copy of the bid tabulation showing all bids for all facilities is included herein as Exhibit "2 and WHEREAS, the Technical Specifications of Bid #06-08B allows the City, at its own discretion, to provide contracted janitorial services to any City owned facility, any combination of City owned facilities, or all City owned facilities; and WHEREAS, the lowest responsive bidder, Cleaning Systems, Inc., has agreed to provide janitorial services, pursuant to the Terms & Conditions, Special Conditions, and Technical Specifications of Bid #06-08B to City Hall, Transportation Division (Broward Sheriffs Office Building), Recreational Center, Multipurpose Center, Caporella Aquatic Center, Public Works Building, Utilities Building, Water Treatment Plant, Satellite City Hall, Community Center, and Fire Station #15 for an amount not to exceed $211,800; and WHEREAS, the lowest responsive bidder, Cleaning Systems, Inc. has agreed to provide janitorial services to additional City facilities upon thirty (30) days written notice from the City and pursuant to the Terms and Conditions, Special Conditions, Technical Specifications of Bid #06-08B; and WHEREAS, the Public Works Director, Public Works Operations Manager, and Purchasing and Contracts Manager recommend that the appropriate City Officials enter into an Agreement to utilize Cleaning Systems, Inc., for contract janitorial services, a copy of said Agreement is included herein as Exhibit "3"; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac that janitorial services be provided contractually by Cleaning Systems, Inc. Temporary Reso. No. 11036 —Exhibit 1 n 1 Temp. Reso. #10940 April 26, 2006 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid #06-08B to Cleaning Systems, Inc., is HEREBY approved for an amount not to exceed $211,800 annually for the term of the Agreement. SECTION 3: That the appropriate City Officials are HEREBY authorized to execute an agreement with Cleaning Systems, Inc., a copy of said Agreement being hereto attached as Exhibit "3". SECTION 4: That funding in an amount not to exceed $211,800 is hereby approved. SECTION 5: The resolution authorizes necessary budget transfers to accommodate this action. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Temporary Reso. No. 11036 —Exhibit 1 SECTION 8 passage and adoption. Temp. Reso. #10940 April 26, 2006 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 1_41 ATTEST: MARION SWENSO , CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GORE CITY ATTORNEY day of� 200 ot u: •: RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM, DRESSLER 1 of Tamarac Temporary Reso. No. 11036 —Exhibit 1 and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CLEANING SYSTEMS, INC. April , ;.066, THIS AGREEMENT is made and entered into this ,2k day of by and between the City of Tamarac, a municipal corporation with principal offices located at 7625 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY') and Cleaning Systems, Inc., a Florida corporation with principal offices located at 10330 NW 55 Street, Sunrise, FL 33351 (the "Contractor") to provide for City-wide Janitorial Services. Now therefore; in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Invitation for Bid No. 06-08R, "City-wide Janitorial Services", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Invitation for Bid 06-08R, "City-wide Janitorial Services" as issued by the City, and the Contractor's Bid, Invitation for Bid 06-08R as issued by the City shall take precedence over the Contractor's Bid. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary as indicated in the bid package Bid NO. 06-08B Citywide Janitorial Services. 2.1.2 Contractor shall furnish all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, Glean and orderly manner as per the specifications listed within the bid document. 2.1.3 Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 2.1.E Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Temporary Reso. No. 11036 — Exhibit 1 City of Tamarac Purchasing and Contracts Division y. 2.1.5 Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.6 All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. 2.1.7 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by Inclement weather. 21.8 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's. Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Term 4.1 Commencement: The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Purchase Order, 4.2 Contract Period: The contract period shall be for two (2) years based upon successful performance by the Contractor. The Contractor, however, shall initially contract exclusively with the City for a guaranteed period of six (6) of Tamarac Temporary Reso. No. 11036 --- Exhibit 1 and Contracts Division months. The Contractor shall be evaluated by City personnel during this time period. During the initial six (6) month period, the contactor shall enjoy an exclusive contract relationship with the City. 4.3 Contractor's Right to Contract Exclusivity: Upon completion of the initial six (6) month period, however, unsatisfactory performance by the Contractor shall result in the loss of exclusivity. Satisfactory performance will result in the Contractor maintaining its exclusive right to perform the requirements of this Agreement for additional six (6) month terms until the completion of the full two (2) year term. 4.4 Agreement Renewals: Upon completion of the first full two (2) year period, the City reserves the right to renew the Contract for two (2) additional two (2) year periods based on the successful Bidder agreeing to the same terms and conditions and by giving written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the Contract amount. Contract renewal will be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City, The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 4.5 Performance Evaluation: The City shall utilize a performance questionnaire, which shall be mutually developed and agreed upon by the City and Contractor, based on the Sample shown as An12endix A herein. Upon completion of and mutual agreement regarding the contents of the performance questionnaire by the City and Contractor, the final document shall replace and supersede Appendix A, as a part of this Agreement. The City and Contractor, from time to time, may make additions, deletions or changes to Appendix A under the terms of this Agreement. 5) Contract Sum The Contract Sum for the above work is not to exceed Two Hundred Eleven Thousand, Eight Hundred Dollars and no cents $211,800,00 annually for the eleven (11) city facilities listed within the bid form. 6) Payments 6.1 The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise, Upon receipt of a properly executed invoice'from the Contractor, the City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 6.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218, of Tamarac Temporary Reso. No. 11036 — Exhibit 1 and Contracts Division i) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty In the event that Contractor causes damages during the period, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas of city facilities. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 9) Indemnification 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss 'of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the tern of this Agreement, even though the claim may be made after the termination hereof. 9.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. I. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing Indemnification including, but not limited to, reasonable attorneys fees (including appellate attorneys fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 9.3 Nothing contained herein Is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender; national origin, sex, age, marital status, political affiliation, familial status, sexual of Tamarac Temporary Reso. No. 11036 -- Exhibit 1 and Contracts division orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Pair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that It has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: Temporary Reso. No. 11036 —Exhibit 1 of Tamarac and Contracts Division CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 QQNTRACTOR Cleaning Sy, tems Inc. 10330 NW 55 Street Sunrise, FL 33351 James Fischer. President 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination, 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed In Broward County, Florida. 17) Signatory Authority of Tamarac Temporary Reso. No. 11036 --- Exhibit 1 and Contracts Division The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in' any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning Its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 21) Uncontrollable Circumstances a. Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results In the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. b. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable of Tamarac Temporary Reso. No. 11036 — Exhibit 1 and Contracts Division force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. c. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 21.a of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. Remainder of Page Intentionally Blank Temporary Reso. No. 11036 -- Exhibit 1 of Tamarac and Conbaats Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and. Cleaning Systems, Inc., signing by and through its President , duly authorized to execute same. ATTEST: , Marion Swenson, CMC City Clerk CITY OF TAMARAC. Beth Flansbaum-Ta abisco, MaydC- 411:1101(a to Jeff re . Miller, City Manager PaFta����� i-1 0 AZ'4�� s f an legal sufficiency: Ciyey ATTEST: Signature of Corporate Secretary Tatiana Fischer Type/Print Name of Corporate Secy. (CORPORATE SEAL) Date CLEANING SYSTEMS(NCN Company Name -' Signatur$ of President/Owner James Fischer Type/Print Name of President A Date ,` Temporary Reso, No. 11036 —Exhibit 1 of Tamarac *__.�amhav�ngd Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared James Fischer, President of Cleaning Systems, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing Instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal thisl.rday of l F _ 20 06 Signaj<ir of Notary Public eW rama c rCwIMticowskr State of Florida at Large ,�� • W c«nm.ron oo1reeae a Emm Jw wy 24. 2W Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ,Ej DID take an oath, or ❑ DID NOT take an oath. 10 Temporary Reso. No. 11036 - Exhibit 2 of Tamarac 0 Purchasing and Contracts Division COMPANY NAME: (Please Print): T.rianale Services, Inc. - Phone: 954-929-0509 Fax: 954-929--0509 --NOTICE--- BEFORE SUBMITTING YOUR BID MAKE SURE YOU... Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [D,Z' Carefully read the Detailed Specifications, and then rp operlx fill out the BID FORMS (Attachment "A"). PLEASE p= TD ADD&'NIDUM 2 LJ 3 Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B") and have it properly notarized. Sign the CERTIFICATION page (Attachment "C"). Failure to do so will result in your Bid being deemed non -responsive. [] 5 Fill out the BIDDERS QUALIFICATION STATEMENT (Attachment "D"). Fill out the REFERENCES pag�tac�iment "E P" 2 Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "F"). Fill out the'LIST OF SUBCONTRACTORS (Attachment "G"). 9. Include a 5% BID BOND. (Attachment "H"). Failure to provide a bond will result in automatic rejection of your bid. 10. Include proof of insurance. [a`11. Carefully read the CHANGE ORDER (Attachment "I"), and the STANDARD FORM OF AGREEMENT. - 12. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. ['T Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 28 Purchasing and Contracts Division Temporary Reso. No. 11036 — Exhibit 2 City of Tamarac "Committed to Excellence... Always" ADDENDUM NO. 1 INVITATION FOR BID # 06-08B CITY-WIDE JANITORIAL SERVICES DATE OF ADDENDUM: March 9, 2006 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for IFB No. 06-08B, City-wide Janitorial Services. 1. Square Footage of City Facilities: See the attached document titled "City of Tamarac City Buildings. Please note the Square Footage for the Transportation Division in the Broward Sheriff's Office is 2500 sq. ft., all carpeted. 2. Configuration of City Buildings: Configurations of City Buildings are included in the attached document. 3. Site Tours: Additional site tours may be arranged directly by contacting Public Works Superintendent John Engwiller at (954) 597-3716. All other questions pertaining to the bid shall be routed, in writing', to the Purchasing & Contracts Manager, Keith Glatz, CPPO, % City of Tamarac7525 NW 881h Ave., Tamarac, FL. 33321. Fax: (954) 597-3565. E-mail address: keithq@tamarac.org. Questions should be submitted no later than 5:00 p.m. on March 17, 2006. 4. Daily Facility Population: (See following pages) 5. Eligible Vendors: The following vendors were in attendance at the Mandatory Pre -Bid Conference and Site Inspection held on March 8, 2006. Therefore, only the following vendors are eligible to submit a response to this solicitation: Cleaning Systems, Inc. FBG Service Corporation Ninety Five South, Inc. RCS Cleaning Service Triangle Services 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equal Opportunity Employer Temporary Reso. No. 11036 -- Exhibit 2 of Tamarac Purchasing & Contracts Division There are no further changes to this bid. This addendum should be returned with your bid submittal. Please acknowledge the addendum in the area indicated below, and return a copy of the addendum along with your response. Acknowledged and Accepted: NAME OF BIDDER: DATE: �i Keith K. Glatz, CPPO Purchasing & Contracts Manager Attachments 06-089 Addendum No. 1031406 Temporary Reso. No. 11036 —Exhibit 2 Q w a U U_ U_ I-- W W Q ONO©0CD M�Otf).O rr U) W Q Z w Q E LO 11 F^ 5 m a C r N Q O Q� M M N N r ao O LV cq (O r co . 4 coUl UV O z w O�rc7'rioor�ru oC)o CDONr-OG~DrrOCO uj r r M r Q T d W O 06 J C V Q LL M m�U O a CD c :2 u-) m rn E E m c # 0 cu 0 aa))U o -r�U o v UQ �,r'-MEca5 Tca C]ci�?1�OC�a u]i� � 1 emporary Keso. No. 11036 — Exhibit 2 CITY OF TAMARAC CITY BUILDINGS FACILITY City Hall Public Works Utilities Water Treatment Plant Tamarac Community Center Recreation Building Multi -Purpose Center P.W. Mezzanine A/C Area Satellite City Hall Fire Station #15 SQUARE FOOTAGE 47,924 18,000 11,235 4,760 30,000 5,871 16,794 1,152 4,000 13,000 (Approximately) Note: 2nd Floor & 1't Floor Lobby Temporary Reso. No. 11036 —Exhibit 2 I emporary Reso. No. 11036 — Exhibit 2 �T Y � Z Q W CL U z C7 H Q W Q� U W CY 0 Fu Temporary Reso. No. 11036 -- Exhibit 2 PUBLIC WORKS -- FIRST FLOOR PLAN 6011 NOB HILL ROAD 0 10 1.5 25 50 N El A emporary &eso. 1'No. 11036 — j�xniolt 2 rimy I A nie Temporary Reso. No. 11036 — Exhibit 2 6001 NOB HILL ROAD ENGINEERING UTILITIES / ENGINEERING BUILDING FLOOR PLAN (a CITY OF TAMARAC UTILITIES / ENGINEERING DIVISION DATE: 1 18 95 FILE: UEFLPL SCALE: N.T.S. DWG. NO.: DWN: KRS SHEET -j_ OF'-1 y Keso. No. 11036 — Exhibit 2 y Reso. No. 11036 — Exhibit 2 1 emporary Keso. No 11036 — Exhibit 2 n; No. 11036 — Exhibit 2 10=01 Temporary Reso. No. 11036 — Exhibit 2 [A Purchasing and Contracts Division Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac "Committed to Excellence... Always" ADDENDUM NO.2 INVITATION FOR BID # 06-08B CITY-WIDE JANITORIAL SERVICES DATE OF ADDENDUM: March 17, 2006 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for IFB No. 06-08B, City-wide Janitorial Services. The Bid Form, Attachment "A" and the. Offer's Qualification Statement Form, Attachment "D" of the original bid document are now being offered in WORD format (attached) for direct input of required information, if your firm so chooses. Manual input and return of information on these forms however is still acceptable with your bid response. Eligible Vendors: The following vendors were in attendance at the Mandatory Pre -Bid Conference and Site Inspection held on March 8, 2006. Therefore, only the following vendors are eligible to submit a response to this solicitation: Cleaning Systems, Inc. FBG Service Corporation Ninety Five South, Inc. RCS Cleaning Service Triangle Services There are no further changes to this bid. This addendum should be returned with your bid submittal. Please acknowledge the addendum in the area indicated below, and return a copy of the addendum along with your response. Acknowledged and Accepted: NAME OF BIDDER: Triangle Services, inc. __DATE: 3-22-06 Attachments 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tomarac.org Equal Opportunity Employer Temporary Reso. No. 11036 -Exhibit 2 City of Tamarac Purchasing and Contracts Division � P 1 ATTACHMENT "A" BID FORM 7LILOJK 9 100 M Submitted by: Triangle Services inc. (Bidder) 3 / 22106 Date) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. of Tamarac Temporary Reso. No. 11036 —Exhibit Z Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, to furnishing all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner. We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. City Facility Name and Location Total $ /Month City Hall, 7525 NW 88th Avenue, Tamarac $�5,613.00 Transportation Division in the Broward Sheriffs Office Buildin 7515 NW 88th Avenue, Tamarac $ 624.QA Recreational Center, 7501 North University Drive, Tamarac $ 2,245.00 Multi Purpose Center, 7531 North University Drive, Tamarac $ 1,267.00 Caporella Aquatic Center, 9300 NW 58 Street, Tamarac $ 1,045.00 Public Works Department, 6011 Nob Hill Road, Tamarac First Floor — Building Department $_1,752.00 Second Floor-- Public Works De artment Utilities Building, 6001 Nob Hill Road, Tamarac $ 1,583.00 Water Treatment Plant, 7803 NW 61st Street, Tamarac $ 510.00 Satellite City Hall, 4267 W Commercial Blvd., Tamarac $ 422.00 Community Center, 8601 W. Commercial Blvd., Tamarac $ 4,362.00 Fire Station #15, 6000 Hiatus Road, Tamarac $ 1,131.00 TOTAL ANNUAL COST FOR ALL ABOVE LISTED FACILITIES [PLEASE NOTE PAYMENTS WILL BE MADE BY FACILITY $r246,648.00 ON A MONTHLY BASIS Triangle Services, Inc. Company Name r thonzed ignature 2 Temporary Reso. No. 11036 Exhibit 2 A City of Tamarac < F Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) We propose to furnish the following Special Events in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. The City shall occasionally, for whatever reason, have special events that will require janitorial attention unique to the regularly scheduled services. The Contractor will include square foot for the following services. Contractor's prices for these services will remain fixed and firm for the entire term of the Contract. Additionally, Contractor agrees to provide any or all of these services upon no less than twenty-four (24) hours' notice from the City. Special Events $/ S uare Foot Spray buff of resilient floors $ .06 Floor stripping, waxing and sealing $ .025 Carpet shampooing bonnet method $ .07 Carpet shampooing extraction method $ .010 Furniture polishing $ .010 Upholstery shampooing $ .010 Glass cleaning $ .085 Pressure cleaning $ .010 Triangle Services, Inc_ . Company Name A prized Signature Temporary Reso. No. 11036 — Exhibit 2 A City of Tamarac^_ _ __� Purchasing anct Contracts Division R ATTACHMENT "A" BID FORM (continued) M. • 1• 1:: The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. Triangle Services, Inc. Company Name uthorized ignature 2700 N 291h Ave. Ste 207 Address Holl ood, FL 33020 City, State, ZIP 325-0015309 Contractor's License Number Fred Pourbaix Typed/Printed Name 954-929-0509 954-929-0590 Telephone & Fax, Number 86-072-6387 Federal Tax ID# City of Tamarac Temporary Reso. No. 11036 --- Exhibit 2 Purchasing and Contracts Division ATTACHMENT "A" l uur it lucid Bidders Name: Triangle Services Inc. TERMS: 0 % DAYS: Delivery/completion: 30 calendar days after receipt of Purchase Order To be considered eligible for award, one (1) original and two (2) copies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 5 Temporary Reso. No. 11036 — Exhibit 2 of Tamarac Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) Bidder's Name: Triangle Services,lnc. Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section 26 Variance « City reserves the right to select its own legal counsel.... » Our insurance company will not allow us to agree to this portion of the indemnification. Section 13.1 pq 7 Variance Section Variance Section Variance Attach additional sheets if necessary. If minimum wage changes in 2007-08 city of Tanarac will pay for such changes a per covering Florida law. City of Tamarac P Temporary Reso, No. 11036 — Exhibit 2 Purchasing and Contracts Division ATTACHMENT "D" OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager ADDRESS: 7525 NW Tamarac, Florida 33321 Triangle Services, Inc. Submitted By: Name: Fred Pourbiax Address: 2700 N. 29 Ave. Ste 207 Principal Office: Same as above Telephone No. 954-929-0509 Fax No. 954-929-0590 :: Check One ® Corporation ❑ Partnership ❑ Individual ❑ Other Avenue 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Triangle Services, Inc. The address of the principal place of business is: 2700 N. 29"' Avenue Ste 207 Hollywood, FL 33020 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: 12/01/75 b) State of Incorporation: Florida c) President's name: Lonnie Fine d) Vice President's name: N/A e) Secretary's name: Perry Fine f) Treasurer's name: Perry Fine N City of Ternarac Temporary Rep. No.,1103d6 Fx box 2 . Purchasing an Con rac s tv�s�nn g) Name and address of Resident Agent: Fred Pourbaix 2700 N. 29" Ave. Ste 207 Holl ood FL 33020 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: a Temporary Reso. No. 11036 — Exhibit 2. City of Tamarac _ _ _ Purchasing and Cantracts Division b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the .organization and give the name and address of principals: N/A 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? 42 a) Under what other former names has your organization operated? Triangle Maintenance 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. Broward County — 325-0015309 8. Have you personally inspected the site of the proposed work? ® YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ® YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? EYES ❑ NO 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No. 0 City of Tamarac Temporary Reso. No. 11036 -- Exhibit 2 Purchasing and Contacts Division t P 12. State the names, telephone numbers and last known addresses of three (3) .owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone Please refer to reference list 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Please refer to resume 14. State the name of the individual who will have personal supervision of the work: Jorge Mailbe 15. State the name and address of attorney, if any, for the business of the Offeror: N/A 16. State the names and addresses of all businesses and/or individuals who own an interest 'of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: N/A 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: N/A W] Temporary Reso. No.11036 — Flxhjb 2. of Tamarac Purchasing an Con rac s ivision 18. State the name of Surety Company which will be providing the bond, and name and address of agent: Aon Surety Debbie Doyle 200 E. Randolph St. Chicago, IL 60601 19. Bank References: Bank Address Telephone North Fork Bank 275 Broadhollow Rd. 631-531-2365 Melville. NY 11747 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: SEE ATTACHMENT "COMBINED BALANCE SHEET" a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: Rosen Seymour Shanpss Marting & Company, LLP. 22. Is this financial statement for the identical organization named on page one? ❑ YES ® NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). It is the combined financial statement of several affiliated entities not just Triangle Services of Florida, Inc. . 11 Temporary Reso. No. 11036 -- Exhibit 2 City of Tamarac Purchasing and Cor7tracts Division THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. w Al P, W—AUZONEW," ACKNOWLEDGEMENT State of Florida County of—Broward On this the _22_ day of March , 2006, before me, the undersigned Notary Public of the State of Florida, personally appeared Fred Pourbaix (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. j WITNESS my hand and official seal. �,►*1• Maria Patricia Rojas NOTARY PUBLIC STATE OF FLORIDA NOTARY PUBLIC; �'` My Commission DD1 65734 c, na' Expires February 07 2007 u SEAL OF OFFICE: �u 7X4 r (Name of Notary -Public: Print, Stamp, or Type as Commissioned) ga- Personally known to me, or O Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ® DID NOT take an oath 12 Temporary Reso. No. 11036 —Exhibit 2 TRIANOLE SERVICES, INC. AND AFFILIATES (S Corporations and Limited Liability Companies) December 31, 2004 Assets Current assets: Cash and cash equivalents Marketable securities Accounts receivable, less allowance for doubtful accounts of $617,026 Escrow account Deferral income tax Prepaid expenses and other current assets Total current assets Equipment and improvements, net Goodwill, net Deferred costs, net Total assets Liabilities and Owners' Equity Current liabilities: Revolving credit facility Current portion of long-term debt Accounts payable and accrued expenses Total current liabilities Long-term debt, less current portion Deferred income tax Total liabilities Commitments and contingencies Owners' equity . Total Iiabilities and owners' equity $ 1,553,615 4,045,398 16,813,727 60,396 39,000 403,277 22,915,413 867,447 750,497 257,742 $ 2417910099 $ 2,708,456 487,659 8,083,833 11,279,948 5,258,982 4,000 16,542,930 8,248,169 $ 24,791,099 RosEN sEymouR sHAPss MARTIN & COMPANY u-P ceni6ed Nblk Aewunmw ni nri� nei OUT 'sa31n1;Q ;IPUPIJI iwnG;� QnA7 'AI WtN Temporary Reso. No. 11036 — Exhibit 2 TRIANGLE SERVICES, INC. AND AFFILIATES (S Corporations and Limited Liability Companies) Jill I Year Ended December 31, 2004 Revenue $ 68,767,991 Direct costs 61,572,180 Gross profit 7,195,811 Branch operating expenses 3,708'214 Branch operating profit 31497,597 Home office expenses 2,658,055 Income from operations 829,542 Other income (expense): Interest other income, net Total other income, net Income before income taxes Income taxes (311,991) 743,234 431,243 1,260,785 108,000 Net income $ 1,152,785 ROSEN SEYMorrn SHAPss MART1U4 & COMPANY LLP Certified Public Accountants ii a nit •Mi DUI 'S;01A)aS a12ueial NOS :E 9001'9l'M Temporary Reso. No. 11036 -Exhibit 2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88r" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 06-08B BID TITLE: CITYWIDE JANITORIAL SERVICES BID OPENING DATE/TIME: March 23, 2006, 2:00 P.M. EST BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: March 8, 2006 @ 10:00 A.M. Tamarac City Hall, City Commission Chambers, 7525 NW Wh Ave. Tamarac, Florida 33321 BONDING: 5% Bid Bond, 100% Payment/Performance Bond GENERAL CONDITIONS/INSTRUCTIONS TO BIDDERS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC, THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FORA�PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID-. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDORS STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDORS DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: Triangle Services, Inc. COMPANY ADDRESS: 2700 N. 29th Ave. Ste 207 Hollywood, FL 33020 COMPANY PHONE: 954-929-0509 NAME OF AUTHORIZED AGENT: Fred Pourbaix TITLE OF AUTHORIZED AGENT: General Manacmr_ AUTHORIZED AGENT EMAIL ADDRESS: _f.Uni]rbai-x@tl:i a� seryi cns _ cm BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: uti_n-7)_F1g' SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTC-1 Temporary Reso. No. 11036 —Exhibit 2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining sealed proposals from qualified Contractors to provide Citywide Janitorial Services for several City facilities within the City of Tamarac, FL. The work consists of furnishing all labor, supplies, materials, equipment, tools, service and supervision necessary to property perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within this bid. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bid's and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside .of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidders responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation.. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. 'BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. S.. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, G TC-2 Temporary Reso. No. 11036 —Exhibit 2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 mar not be awarded or perform _work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal: The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be TC-3 governed by the Local Government Prompt Payment Act, --- -- ..... -- F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B- destination to a specific City address. All delivery costs and charges must be included in the bid price, The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog. numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent: products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves.the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered . within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. Temporary Reso. No. 11036 —Exhibit 2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product., 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice, The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20. ASSIGNMENT The' Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or G TC-4 Temporary Reso. No. 11036 — Exhibit 2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. . 4� IFAN *� The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein, Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation Statutory & Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-Vll per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance, with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 31lI;1�1�1,:till�L+L•Y>iLa1i i, The Bidder shall indemnify and hold .harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including atkN%' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or G "rC 5 Temporary Reso. No. 11036 --- Exhibit 2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570, property damage solely attributable to the gross negligence. or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed .Specifications shall prevail. The Bidder shall examine all bid documents and shall' judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. BID TABULATION Bidders may download the bid tabulation directly from the Internet at httv//www tamarac.ora/Deot/fin/purch/resuIts,htm1. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. G TC 6 Temporary Reso. No. 11036 -- Exhibit 2 City of Tan7arac Purchasing and Contracts Division Illr14_11; &Ix0I0rlfiNi11IK BID NO.06-08B Citywide Janitorial Services INVITATIONTO BID.....................................................................................................................................3 SPECIALCONDITIONS................................................................................ ...................... .................4 CITYWIDE JANITORIAL SERVICES .......................................................................................................4 1. PERFORMANCE BASED CONTRACTING.................................................................................4 2. ASSIGNMENT OF CONTRACT...................................................................................................4 3. CONTRACTOR'S RESPONSIBILITY........................................................................................... 5 . 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY.............................................................. 5 5. PERMITS AND LICENSES.......................................................................................................... 5 6. SITE INSPECTION - CONTRACTOR...................................................................... ..... 6 7, SITE INSPECTION - CITY...........................................................................................................6 8. SUBMITTALS...............................................................................................................................6 9. WAIVER OF LIENS....................................................................................... ...6 10. PAYMENT.....................................................................................................................................6 11. CONTRACT DOCUMENTS..................................................................:........................................6 12. CHANGE ORDERS......................................................................................................................7 13. CONTRACT PRICE......................................................................................................................7 14, CITY'S OPTION............................................................................................................................ 7 15. LIQUIDATED DAMAGES .............................. ............. ............. '...................................................... 8 16, BONDS...................................................................................................................................:..... 8 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS ........................ 18, UNCONTROLLABLE CIRCUMSTANCES ..................................... TECHNICAL SPECIFICATIONS................................................................................................................10 I. SCOPE OF SERVICES............................................................................. 10 11. GENERAL PROVISIONS.........................................................................:.................................10 III. SECURITY REQUIREMENTS AND LIQUIDATED DAMAGES..................................................13 IV. ADDITIONAL PROVISIONS.......................................................................................................15 V. FREQUENCY OF DUTIES.........................................................................................................16 VI. SPECIAL EVENTS.....................................................................................................................26 VII. CITY FACILITIES........................................................................................................................26 ATTACHMENT "A" BID FORM........................................................................................................29 ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT.................................................................................36 ATTACHMENT "C„ CERTIFICATION.......................................................................................................37 of i arnarac Temporary Reso. No. 11036 — Exhibit 2 Purchasing and Contracts Division ATTACHMENT "D" OFFEROR'S QUALIFICATION STATEMENT.........................................................38 ATTACHMENT"E" REFERENCES..........................................................................................................43 ATTACHMENT "F" VENDOR DRUG -FREE WORKPLACE.....................................................................44 ATTACHMENT "G" LIST OF SUBCONTRACTORS................................................................................45 ATTACHMENT"H„ BID BOND.................................................................................................................46 ATTACHMENT"I„ CHANGE ORDER.......................................................................................................48 ATTACHMENT "J" FINAL RELEASE OF LIEN BY CONTRACTOR.......................................................49 FINALRELEASE OF LIEN..................................................................I.................................................50 SAMPLEAGREEMENT.............................................................................................................................51 SAMPLE PERFORMANCE REPORT CARD...........................................................................................60 2 Temporary Reso. No. 11036 —Exhibit 2 Purchasing and COntr?cts Division City o! Tamarac _ - INVITATION TO BID Bid No. 06-08B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Thursday, March 23, 2006 at 2:00 p.m., at which time bids will be publicly opened and announced for: CITYWIDE JANITORIAL SERVICES All bids received after the date and time stated above will be returned unopened to the bidder. All bidders are invited to attend the opening. One (1) original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 06.08B, CITYWIDE JANITORIAL SERVICES opening Thursday, March 23, 2006 at 2:00 p.m." On the outside of the envelope. A MANDATORY Pre -Bid Conference will be held on Wednesday, March 8, 2006, at 10:00 A.M., at the city of Tamarac, City Hall, Conference Room 105, 7525 NW 88th Avenue, Tamarac, Florida. All parties interested in bidding on this project must attend this meeting. Bid security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A 100 % Performance and Payment bond will be required prior to commencement of work. The work to be performed consists of the Contractor furnishing all labor, supplies, materials, tools, and equipment necessary to provide janitorial services for City facilities as per the specifications contained within this bid package. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 597-3570; and for technical issues. contact Trov Gies at (954) 597-3710. 4i f Keith K. Glatz, CPPO Purchasing & Contracts Manager Publish Sun Sentinel: Sunday, 2/26/2006 and 3/5/2006 Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac T�� �TT-- J _ __ _{• Purchasing and Contracts Givi:_Tor SPECIAL CONDITIONS CITYWIDE JANITORIAL SERVICES BID NO. 06-08B 1. PERFORMANCE BASED CONTRACTING 1.1 Satisfactory Service Required The City of Tamarac) has embraced the concept of Performance Based Contracting. Under this model of Performance Based Contracting, satisfactory performance will result in the City's exclusive use of the contractor for all contractual purchases for the full period specified as the contract term. Unsatisfactory performance by the contractor shall result in the contractor's loss of exclusivity. If, in the sole judgment of the City, the contractor is not providing satisfactory service, the exclusive contractual relationship between the City and the contractor may be terminated, without penalty, by the City at any time after it has purchased the guaranteed volume of goods or services as specified in the Specifications/Statement of Work herein. The principle of Performance Based Contracting, however, does not negate the right of the City to terminate the contract under the standard terms and conditions covering "contract termination" herein. 1.2 Use of Supplemental Agreements The City reserves the right to award additional agreements, for City wide Janitorial Services upon attainment of the minimum contractual guarantee. Awards may be made under this solicitation for a period of one -hundred eighty (180) days following the opening of bids, subject to mutual agreement between the City and the applicable contractor. The City shall attempt to award supplemental agreements to bidders in a sequential fashion, beginning with the lowest priced responsive and responsible bid. If supplemental bidder(s) is unwilling or unable to maintain pricing during the one - hundred eighty day period, then the City may award to the next higher responsive supplemental bidder. The award of subsequent additional agreements under this solicitation could be required based on changes to the City's requirements, or if the original contractor fails to perform within the expectations of the City. Please note that additional awards shall not be made until the minimum contractual guarantee has been met, unless the original contractor is defaulted for non-performance during that period. 2. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and. despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the Temporary Reso, No. 11036 —Exhibit 2 A of Tarnarac ^ mm R —�:n --- -_ Purchasing and Contracts Division requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed prior to 6:00 PM and all work shall be completed by 7:00 AM, with the following exceptions: Water Treatment Plant all work can only be performed between 5:00 PM and 9:00 PM; Recreation Center, Multi Purpose Building and Community Center where all work is to be performed between 9:30 PM and 6:00 AM ONLY. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified supervisor present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the sites are not secure, and as such are subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the sites at all times during and after cleaning to protect the general public from harm,. and remove from the sites and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. Any questions that arise during the term of the agreement shall be directed to 1) Building Maintenance Supervisor or designee, and 2) Public Works Superintendent or designee. 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone (954) 597-3700 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Building permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits Temporary Reso. No. 11.036 -- Exhibit 2 City of Tamarac_ _ Purchasing and Contracts Division from other agencies as identified in the Technical Specifications. Cost of permits will be paid for from the bidding and permits allowance included in the bid schedule, if applicable. 6. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed sites as shown within the Technical Specifications prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized himself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. i. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the Director of Public Works nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. 8. SUBMITTALS Contractor shall submit all. required forms and documents as required by. this contract including but not limited to bonds, and insurance certificates within 15 days from the Award. 9. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 10. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the City's purchase order number(s). Payments shall be made pursuant to .the requirements of the Local Government Prompt Payment Act, F.S. Chapter 218. 11. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Bid Proposal executed and submitted by the Contractor, specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 6 Temporary Reso. No. 11036 --- Exhibit 2 City of Tamarac mm Purchasino and Cortrects Division 12. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order.is so approved, the Contractor shall promptly proceed with the,work. 13. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Contract Price or Time except as approved in writing by the Budget and Contracts Manager. 13.1 Change Order The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled. as a result of the occurrence of said event.. No claim for an adjustment in -the Contract Price will be valid if not submitted in accordance with this Paragraph. 13.2 Allowable conditions for Price Adjustment Price adjustments may only be requested due to a change of project scope mutually agreed upon between the City and Contractor, or due to a change in the State of Florida Minimum Wage approved by the as provided under Article X, "Miscellaneous", Section 24 "Florida Minimum Wage" of the State of Florida Constitution. All such increases shall only reflect a change to the actual costs of the Contractor, and shall not include any additional profit. 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac Purchasing and Contracts Division �mm Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 15. LIQUIDATED DAMAGES Failure to respond to requests by the City within four (4) hours regarding inadequate performance of duties designated as Nightly Duties in the Technical Specifications of this bid document; or within twenty-four (24) hours regarding all other duties will result in a $100.00 a day deduction from the following payment application. The parties agree that damages consequent to a breach of this section are not readily ascertainable at the time of executing this Contract, and agree that $100.00 per day is an amount proportionate to the cost incurred by the City as a result of such breach. The parties agree that this amount is not intended as punitive damages. In the event the Contractor fails to respond to requests by the City within twenty-four (24) hours regarding inadequate performance of duties designated as Nightly Duties in the Technical Specifications of this bid document; or within three (3) days regarding all other duties the City reserves the right to, at the Contractor's risk and cost, take corrective actions. In the event of such breach the City will deduct the actual cost incurred by the City from the following payment application. The parties agree that this amount is not intended as punitive damages, and that the Contractor must receive written or verbal notification prior to the City taking corrective actions. 16. BONDS The Contractor shall furnish a 5% bid bond in the amount of the total bid amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. The Contractor shall furnish a separate Performance Bond in the amount of 100% of the total bid award amount as security for the faithful performance of all of the contractor's obligations under the contract documents, per City Code Section 10-156. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE PAYMENT AND WARRANTY BONDS All bid bonds must be written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No, 570. The Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract. They shall indemnify and save Temporary Reso. No. 11036 — Exhibit 2 City of Tamarac � M � � Furchasirig and Cprrtracts Division harmless the City to the extent of any and all payments in connection with the carrying out of said contract which the City may required to make under the law. The City reserves the right to select its own defense counsel. 18. UNCONTROLLABLE CIRCUMSTANCES 18.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 18.2 Neither party shall, however, be excused from performance . if' nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 18.3 In the event that any City facility is closed due to uncontrollable forces as indicated in Section 18.1 of these Special Conditions, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at that facility in an effort to restore the facility to operational status. Temporary Reso. No. 11036 -- Exhibit 2 City of.TaMafac _ _..__. . _..__ T�Purrhasing and Cor;tr�ict5 Civi.;ion TECHNICAL SPECIFICATIONS JANITORIAL SERVICES BID NUMBER RFP NO. 06-08R I. Scope of Services The City of Tamarac is interested in obtaining proposals from qualified Contractors, to provide Janitorial Services as described herein for several City facilities. The work consists of furnishing all labor, supplies, equipment, tools, service and supervision necessary to perform and maintainthe work conducive with a neat, clean and orderly condition. II. General Provisions 1. Performance Based Contractin 1.1 The City of Tamarac desires to enter into a partnering agreement with the successful contractor, which will provide mutual benefits for both the City and the Contractor. Under a Performance Based Contract, the Contractor's satisfactory. performance will result in the City's exclusive use of the Contractor for the full term of the Agreement, while unsatisfactory performance may result in the loss of the Contractor's rights to exclusivity upon passage of the guaranteed period of contract exclusivity. 1.2The City of Tamarac guarantees that as long as the Contractor has not breached this Agreement, the Contractor shall be guaranteed an exclusive business relationship with the City for a minimum period of six (6) months. 1.3 Upon passage of the guaranteed contract period, this Agreement shall continue to remain in force, however. future exclusivity under the Agreement shall be contingent on the successful performance of the Contractor in accordance with the specifications contained herein. The City shall continue to utilize the Contractor exclusively, for the needs enumerated herein, if it is determined that the Contractor is providing satisfactory performance under the Agreement. Satisfactory performance shall be defined as follows: 1.3.1 Successful adherence to the requirements of this Agreement and successful completion of all tasks required under the specifications in a manner which is acceptable to the City. 1.3.2 The Contractor shall provide a level of service which shall lead to optimal agency satisfaction. Complaints, including but not limited to poor service, unacceptable follow-up, disputes relating to invoice processing, etc. shall constitute unsatisfactory performance. More than three (3) complaints per month will prompt a review of the 1u 1 ernporary Reso. No. 11036 —Exhibit 2 City of Tamarac Fu'"chasinc and Contracts Division Contractor's performance, and may result in cancellation of the exclusivity provision contained herein. 1.3.3 Contract Report Card: The City shall formally evaluate Contractor on an ongoing basis during the term of the Agreement. The City shall request City employees to serve on an evaluation panel during the contract term. Each employee will evaluate the Contractor using a "Contract Report Card" evaluation document, which will survey the Contractor's level of service. Evaluation criteria for the "Contract Report Card will be developed by the City. with input from the Contractor. The City will periodically meet with the Contractor to discuss the results of the "Contract Report Card" evaluation for that period" A sample Contract Report Card is included as part of this bid document. 2. Contract Period: The contract period shall be for two (2) years based upon successful performance by the Contractor. The Contractor, however, shall initially contract exclusively with the City for a guaranteed period of six (6) months. The Contractor shall be evaluated by City personnel during this time period. During the initial six (6) month period, the contactor shall enjoy an exclusive contract relationship with the City. Upon completion of the initial six (6) month period, however, unsatisfactory performance by the Contractor shall result in the loss of exclusivity. Satisfactory performance will result in the Contractor maintaining its exclusive right to perform the requirements of this Agreement for additional six (6) month terms until the completion of the full two (2) year term. Upon completion of the first full two (2) year period, the City reserves the right to renew the Contract for two (2) additional two (2) year periods based on the successful Bidder agreeing to the same terms and conditions and by giving written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the Contract amount. Contract renewal will be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 2. Performance: City is sole judge of non-performance. Failure of Contractor to comply with conditions, terms, specifications, and requirement of bid is just cause for termination of the Contract as enumerated in the Technical Specifications, Section II, "General Conditions", paragraph 2 "Contract Period" contained herein. The City, in cooperation with the successful Contractor, shall develop a "Contract Report Card", which will be utilized by agency personnel in the evaluation of the Contractor's performance. In the event that the Contractor does not receive a passing evaluation, the Contractor will be provided with an opportunity to correct any deficiencies within two (2) weeks after being notified of such deficiencies: Failure to correct such deficiencies may result in the Contractor's loss of its exclusive right to do business with the City. Temporary Reso. No. 11036 —Exhibit 2 of Tamarac. Purchasing and Contracts Division 3. Damages/Loss: The successful bidder shall at all times guard against damages or loss to the property of City of Tamarac or of other vendors or contractors and shall be held responsible, at the City's discretion, to replace, repair, rebuild, or restore any such damage or loss. 4. Health & Safes: Contractor certifies that all material, equipment, etc. contained in their bid meets all O.S.H.A. requirements. In compliance with Chapter 422, Florida Statutes, Material Safety Data Sheets (MSDS) must accompany any items included in the latest edition of "Florida Substance List" which are used as a result of this bid. The MSDS sheets must be maintained by the user agency and must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substance, including: The potential for fire, explosion, corrosiveness, and reactivity. • The known acute and chronic health effects of ,risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance. • The primary routes of entry and symptoms of overexposure. C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal, and first aid. E. A description in lay terms of the known specific potential health risks posed by the toxic substances intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. G. All substances shall remain in manufacturer's container with manufacturer's labeling. 6. Environmental: Energy conservation and recycling are issues of great concern to the City of Tamarac. To this end, Contractor agrees to: 12 CitV of Tamarac 1 emporary Keso. No. 11036 — Exhibit 2 PurchaSing and Contracts Division A. Leave only designated night -lights burning upon departure from any City facility. B. Use only sufficient lighting to accomplish cleaning. C. Use only vacuums with high efficiency particulate filter bags with filters retaining particle sizes below one (1) micron. D. Not change any thermostat settings at any time. E. Maintain the separation of trash/solid waste and designated recyclables, and deposit each in the appropriate containers/receptacles and/or dumpsters at the site where the work is to be performed: • Cleaning staff will not be expected to sort through garbage and/or recycling receptacles to extract recycling. • Contractor shall report to City areas where participation is low and provide assistance as needed. • Recycled items include: newspapers, office paper and aluminum cans. Items can be removed or added at any given time. III. Security Re uirements & Li uidated Damages A - Liquidated damages: City, security measures shall be strictly enforced. The parties agree that damages consequent to a breach of this article are not readily ascertainable at the time of execution of the Agreement, and agree that $1 pQ per incident is an amount proportionate to the cost incurred by the City as a result of that breach. B - Security Requirements: 1. All contractor employees shall be neatly attired in a company uniform, which clearly displays the Company logo. Additionally, all contractor employees shall clearly display an identification badge at all times while present in City facilities. The identification badge shall at a minimum include a photograph of employee, the employee's full name, and the name of firm. 2. Contractor shall provide the City a listing of all contractor employees to be assigned to work in City facilities. This listing shall include the employee's first and last name, date of birth and social security number. This listing shall be maintained and updated by the contractor. In the event of any changes to assigned contractor ;:3 Temporary Reso. No. 11036 —Exhibit 2 City of Tarntrrac v Purchasing and Contracts Division personnel, the Contractor shall remit to the City a revised listing at least 48 hours prior to initiating any changes. 3. All Contractor personnel assigned to City facilities shall be subject to a criminal background check, which may be conducted at the City's expense. The result of this background investigation shall be provided to the City's Budget and Contracts Manager. The City shall be sole judge regarding the acceptability of individuals assigned to workin City facilities. 4. The Contractor shall procure and maintain, for the life of the Contract, a Fidelity Bond with limits of $25,000 covering all employees that will be working within any City facility. 5. The City reserves the right to deny entry or to permanently bar access to individual contract employees. 6. Facility keys shall not be identified by either City name or address. Keys shall be tagged with a numerical code known only to the Janitorial Operations Management Staff. Under no circumstances will Contractor be allowed to make a copy of any key. 7. All windows and doors shall be positively locked during the cleaning operations and when leaving following completion of the cleaning activities. 8. Unauthorized personnel shall not be permitted to enter any City facility. 9. Contractor shall not begin work prior to 6:00 pm and shall have all work completed by 7:00 am, except where otherwise noted. The Contractor's employees shall conduct themselves in a courteous manner and make every effort to avoid any disruption to City employees or patrons. 10. Work shall be supervised and a working supervisor shall be on premises at all times. 11. The Contractor's employees are not to' use City equipment (i.e., coffee makers, typewriters, adding machines, copiers, radios, telephones, machinery, etc.) for any reason unless approved in writing by the Public Works Director or designee. 12. Only discarded items either for garbage or recycling shall be removed by cleaning staff. Cleaning staff shall not make assumptions as to the status of unattended items. 13. A lost and found policy shall be implemented by Contractor and communicated to the Public Works Director or designee. ;a Temporary Reso. No. 11036 -- Exhibit 2 City of Tamarac -. _�_ purchasing and Contracts Division 14. Contractor shall immediately report suspicious activity, unusually occurrences, damage, and/or vandalism to the City's Building Maintenance Supervisor or designee. IV. Additional Provisions 1. Supplies: Contractor will be responsible for providing all supplies including, but . not limited to, paper towels, seat covers, toilet tissue, trash liners, cleaning supplies, sanitary supplies, soap, etc. as necessary to meet conditions, terms, specifications, and requirement of bid. The Contractor must furnish and maintain, in good repair, all equipment including, but not limited to mops, brooms, floor machines, etc, and any other equipment necessary to perform assigned duties. All cleaning products shall be reviewed and approved by City prior to usage. • No acid based cleaning products shall be used. • Only manufacturer recommended cleaning products shall be utilized on rubber flooring. 2. Dispenser refillin : Overlooked items shall be handled promptly. Upon. notification of oversight from City, Contractor will be expected to provide corrective actions within four(4).hours. 3. Meetings: The Contractor or a designated representative, at the discretion of the Public Works Director or designee, shall be made available for periodic meetings with City personnel. 4. Schedule: Within thirty (30) days of Contract commencement the Contractor shall provide the Building Maintenance Supervisor or designee with a schedule identifying which days of the week, month, and quarter, periodic tasks will be performed for the entire term of the Contract. 5. HoligW: Contractor's services will not be required on City observed Holidays. In the event the Contractor chooses to work on a City observed holiday, 48 hour advance notice is required. Such work performed on City observed Holidays, as agreed to by the City, and which is within the scope of the contract, will be for the convenience of the Contractor and will not result in additional charges to the City. City observed holidays include the following: 1. New Years Day 2. Martin Luther King's Birthday 3. President's Day 4. Memorial Day 5. July 41" 6. Labor Day 7. Veteran's Day 8. Thanksgiving day (Thursday) 9. Day after Thanksgiving (Friday) 75 Temporary Reso. No. 11036 —Exhibit 2 Purd7asing and Contracts Division of , amara 10. Christmas Eve 11. Christmas Day 6. Storage closet areas: Dirty mops and soiled water left in bucket will not be acceptable. Such areas shall be well kept as to avoid fouled odors. 7. Communication log book: This book shall be kept at City Hall in the lower storage closet. Entries shall be made as needed and only Contractor's supervisor and City shall be allowed to make entries. This book will serve as a communication tool between the City Public Works designee and Contractor's supervisor. 8. Dispute resolution: All disputes pertaining to this Bid between the City and the Contractor shall be settled internally with the appropriate City staff making the final determination and through the following chain of command: 1) Public Works Superintendent, 2) Budget and Contracts Manager, 3) Public Works Operations Manager, 4) Assistant Director of Public. Works, and 5) Director of Public Works. The Purchasing and Contracts Manager shall be present and included in all dispute resolution meetings pertaining to this Bid. in the event a dispute cannot be settled through the chain of command set forth in this section, the dispute shall be brought forward in a court of competent jurisdiction. The laws of Florida shall be controlling. Venue shall be in Broward County, Florida. V. Fre ue cy of Duties 1. General Duties Duties to be performed for all City Facilities as identified in Technical Specifications Section VII: City Facilities in addition to specific duties and responsibilities as identified in this document. Except where otherwise specified or agreed to by both parties, the Contractor's services will not be required on weekends. In the event the Contractor chooses to work on a Saturday or Sunday, 48 hour advance notice is required. Such work performed on weekends, as agreed to by the City, and which is within the scope of the contract, will be for the convenience of the Contractor.and will not result in additional charges to the City. 16 of Tamarac Temporary Reso. No. 11036 --Exhibit 2 Purchasinr, and Contracts Division • Empty trash and recycling receptacles. Replace liners. Liners must be heavy duty, 2 mils minimum. • Clean windowsills and door 'ams located throw hout entire building._ • Removespots from interior walls. • Dust furniture surfaces. • Clean and sanitize drinkinq fountains and sinks. • Remove cobwebs throughout entire buildin . • Polish conference tables. • Polish reception counters. Restrooms, Lunch Rooms and Kitchen Areas Fill all toilet paper and paper towel holders. • Fill all soap dispensers and air freshener dispensers • Clean and sanitize all shower stalls, toilets, faucets, urinals, sinks, counter tops, and stoves. • Clean all mirrors and glass. • Damp ma , .clean, and sanitize entire floor area. • Clean and sanitize all partitions, tile walls, and hand dryers. • Dust and clean exterior of ve iding machines. WEEKLY DUTIES General Areas • Dust A/C rills and returns in all rooms, offices, restrooms, and hal • Clean baseboards in all rooms and offices. • Remove fingerprints and marks from all light switches and doors. • Dust horizontal surfaces, blinds, and verticals. • Damp mop and wet ma stairwa sand all hallwa s. • Dust picture frames and office furniture. • Spray buff all resilient floors. • Machine scrub floors. • Clean and refill floor drains. SEMI-ANNUAL DUTIES General Areas • Strip, seal, and wax all resilient floors. • Carpet sham oo Bonnet method. • Pressure wash entrances tile or pavers. • Clean and shampoo upholstered furniture in labb and administrative offices. 17 of Tamarac Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division 2. Additional Duties Duties and responsibilities to be performed at the specified locations in addition to General Duties described above in Section V (1). Caporella Aquatic Center 9300 NW 58t6 Street NIGHTLY DUTIES: Seven 7 Days a week General Areas • Vacuum all carpeted areas in the Aquatic Manager, Site Manager, and Cashier's Offices. • Remove carpet stains in the Aquatic Manager, Site Manager, and Cashier's Offices. • Dust mop non -carpeted areas in the Lifeguard Office and hallways. Remove all scuff marks. • Vacuum all entrance mats located throughout the center. • Clean inside and outside glass doors located at the entrances to the buildin . • Damp mop, clean, and sanitize Fitness Room floor. Clean underneath machines and a ui ment. • Empty trash and recycling receptacles. Replace liners. Liners must be heavy duty, 2 mils minimum. • Clean window sills and door jams located throughout the entire building. This includes doors and sills in the Aquatic Manager, Site Supervisor, and Cashier's Office, Fitness Room, and Lifeguard Office. • Removespots from interior walls. • Dust building and furniture surfaces. • Clean and sanitize drinking fountains and sink in Lifeguard Office. Remove cobwebs throughout entire building. • Clean, sanitize, and polish Cashier's Counter. Restrooms • Fill all toilet paper and a er towel holders • Fill all soap dispensers • Clean and sanitize all shower stalls, toilets, faucets, urinals, sinks, and countertops. Clean all mirrors. • Damp ma , clean, and sanitize entire floor area. • Clean and sanitize all partitions, tile walls, and hand dryers. Concession Stand • Damp mop, clean, and sanitize entire floor area. Remove scuff marks. • Fill soap and antibacterial hand cleaner dispensers. • Fill paper towel holders. • Clean and sanitize sink, faucet, and counter top. Z City of Tamarac Temporary Reso. No. 11036 — Exhibit 2 and ContraCtS Division QUARTERLY DUTIES General Areas • Strip, seal, and wax Lifeguard Office and all hallway floors. Concession Stand • Strip, seal, and wax entire floor area. SEMI-ANNUAL DUTIES General Areas • Clean and shampoo upholstered furniture in offices. • Carpet shampoo Bonnet method all carpeted areas in the Aquatic Manager, Site Manager and Cashier's Office. _ 19 Temporary Reso. No. 11036 -- Exhibit 2 of Tamarac and Contracts Division Tamarac Community Center 8601 W. Commercial Boulevard NIGHTLY DUTIES: Seven 7 Da s a week General Areas • Vacuum all carpeted areas in the Administrative Offices, Fitness Room Office, Live Oak Room and Ballroom. • Remove carpet stains in the Administrative Offices, Fitness Room Office, Live Oak Room and Ballroom. • Dust mop non -carpeted areas in the Ballroom (including stage), Aerobics Room, Basketball Gym, Coconut Palm Room, Hibiscus Room and all tile hallwa s. Remove all scuff marks, spills, ands ots. • Vacuum all entrance mats located throughout the center. • Clean inside and outside qlass doors located at the entrances to the buildin . • Damp mop, clean, and sanitize Fitness Room floor. Clean underneath machines and equipment. • Clean behind and beneath bleachers located in Basketball G m. • Empty trash and recycling receptacles. Replace liners. Liners must be heavy duty, 2 mils minimum. • Clean window sills and door jams located throughout the entire building. This includes doors and sills in the Administrative Offices and all rooms. • Removes ots from interior walls. • Dust buildin and furniture surfaces. • Clean and sanitize drinkinq fountains and sink in Hibiscus Room. • Remove cobwebs through )ut entire buildin . • Clean, sanitize, and polish front reception counter, including both counter levels. Restrooms Fill all toilet paper and paper towel holders • Fill all soap dispensers • Clean and sanitize all shower stalls, toilets, faucets, urinals, sinks, and countertops. • Clean all mirrors. • Dam mo ,clean, and sanitize entire floor area. • Clean and sanitize all artitions, the walls, and hand dryers. Ballroom Kitchen • Damp mop, clean, and sanitize entire floor area. Remove scuff marks. • Clean and sanitize all sinks, faucets, s lash boards, and counter tops • Empty garbage cans. Replace liners. Liners must be heavy duty, 2 mils minimum. • Fill paper towel holders and sea dis ensers. 20 City of Temporary Reso. No. 11036 — Exhibit 2 Purchasing and Contracts Division MONTHLY DUTIES General Areas • Wash A/C rills and returns throughout entire building • Steam clean carpet in Ball Room and Live Oak Room. • Dust li ht fixtures. Clean all interior and exterior windows throughout buildi • Machine scrub hallways and lobb area. • S ra buff all resilient floors. Kitchen • Machine scrub tile floor ERLY DUTIES General Areas • Strip, seal, and wax Hibiscus Room, Coconut Palm Room, copy room, and cashier area floors. SEMI-ANNUAL DUTIES General Areas Clean and shampoo upholstered furniture in Lob and Administrative Offices. 27 Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Divisicn Of TJ17),11'0C Recreation Center 7501 North University Drive MONTHLY DUTIES General Areas • Wash A/C orills and returns throu hout entire building. • Dust li ht fixtures. • Clean all interior and exterior windows throu bout buildi • Sorav buff all resilient floors. QUARTERLY DUTIES General Areas • Strip, seal, and wax activit area, office, and kitchen floors. 2 Citv of Tamarac. Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division Multipurpose Center 7531 North University Drive, Tamarac NIGHTLY DUTIES: Monday through Friday General Areas • Clean inside and outside glass doors located at the entrances to the building. • Empty trash and recycling receptacles. Replace liners. Liners must be heavy du! , 2 mils minimum. • Clean window sills and door jams located throughout the entire building. This includes doors and sills in the Administrative Office. • Removespots from interior walls. • Dust building and furniture surfaces. • Clean and sanitize drinking fountains and sink in Art Room. • Remove cobwebs throughout entire building. • Dust mop non -carpeted floors. This includes basketball gym, office, dance room, hallway, classrooms, and teen room. Remove all scuff marks, spills, and spots. (Classrooms may be used by the school; while in use by the school the are responsible for the cleanliness of the rooms. • Vacuum all entrance mats. • Clean behind and beneath bleachers located in the basketball gym. Restrooms • Fill all toilet paper and paper towel holders • Fill all soa dispensers • Clean and sanitize all shower stalls, toilets, faucets, urinals, sinks, and countertops. • Clean all mirrors. • Damp mop, clean, and sanitize entire floor area. • Clean and sanitize all artitions, the walls, and hand d ens. WEEKLY DUTIES General Areas • Dust A/C grills and returns in all rooms, hallways, and offices. • Clean baseboards in all rooms and offices. • Remove fingerprints and marks from li ht switches and doors. • Dust horizontal surfaces throughout building including basketball gym, blinds, and verticals. • Damp mop office, classroom, teen room, and hallwa floors. • Dust picture frames and office furniture. • Clean exterior of all vending machines. MONTHLY DUTIES General Areas • Wash A/C grills and returns throughout. entire building. • Dust light fixtures. Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac Purchasing and Contracts Division • Clean all interior and exterior windows throu hout building' • Sgrav buff all resilient floors. QUARTERLY DUTIES General Areas • Strip, seal, and. wax classrooms, office, and teen room floors. These activities will be scheduled and communicated to City as per Article IV -"Additional Provisions -Schedule." Changes to set dates will be given to City at least two (2) weeks prior to due date. . 24 City of Tamarac ..______-_________ Temporary Reso. No. 11036 —Exhibit 2 Purchasing. and Contracts Division VI. Special Events The City shall occasionally, for whatever reason, have special events that will require janitorial attention unique to the regularly scheduled services. To this end, the Contractor will include a separate cost listing (per square foot) for the following services: Spray buff of resilient floors Floor stri in , waxina and sealing Carpet sham ooin bonnet method Car et sham ooin extraction metho Furniture Palishin Upholstery sham ooin Glass cleaning Pressure cleaning Contractors' prices for the above -mentioned services will remain fixed and firm for the entire term of the Contract. Additionally, Contractor agrees to provide any or all of the above -mentioned services upon no less than twenty-four (24) hours' notice from the City. 25 City of Ternarac Temporary Reso. No. 11036 --- Exhibit 2 Purchasing and Contracts Division VII. City Facilities The City, at its own discretion, may choose to expand or reduce contracted janitorial services to City facilities in the future under the same General Terms and Conditions, Special Conditions, and Technical Specifications described herein. Therefore, Contractor shall supply a separate cost (cost per facility) listing for providing janitorial services to the.following facilities: CITY FACILITY NAME AND ADDRESS HOURS WHEN CLEANING CAN BE DONE City Hall, 7525 NW 88th Avenue, Tamarac 6:00 PM to 7:00 AM Transportation Division in the Broward Sheriff's Office Buildin 6:00 PM to 7:00 AM 7515 NW 88th Avenue, Tamarac Recreational Center, 7501 North University Drive, Tamarac 9:30 PM to 6:00 AM Multi Purpose Center, 7531 North University Drive, Tamarac 9:30 PM to 6:00 AM Caporella Aquatic Center, 9300 NW 58 1h Street, Tamarac 9:30 PM to 6:00 AM Public Works Building, 6011 Nob Hill Road, Tamarac 6:00 PM to 7:00 AM First Floor — Building Department Second Floor — Public Works Department Utilities Building, 6001 Nob Hill Road, Tamarac 6:00 PM to 7:00 AM Water Treatment Plant, 7803 NW 61st Street, Tamarac 5:00 PM to 9:00 PM Satellite City Hall, 4267 W Commercial Blvd., Tamarac 6:00 PM to 7:00 AM Community Center, 8601 W. Commercial Blvd., Tamarac 9:30 PM to 6:00 AM Fire Station #15, 6000 Hiatus Road, Tamarac 6:00 PM to 6:00 AM Future City Facilities Facilities acquired, constructed, and/or expanded by the City may, at the City's own discretion, utilize contracted janitorial services under the same General Terms and Conditions, Special Conditions, and Technical Specifications described herein. At such time, and as requested in writing by the City, the Contractor shall supply a separate cost (cost per facility) listing for providing janitorial services to said City facilities. The following list of planned City facilities and estimated completion dates is included for instructive purposes only; and future City facilities may include, bui are not limited to the following: 26 Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac Purchasing and Contracts Division PLANNED FACILITY ESTIMATED SIZE ESTIMATED COMPLETION Utilities Buildinq 15,000 sq ft 2007 Recreation Center 11,000 sq ft 12007 Community Center Expan 1 D,D 10 sq ft 12008 Contractor's prices for the above -mentioned facilities will remain fixed and firm for the entire term of the Contract. Additionally, Contractor agrees to begin providing regularly scheduled services to any or all of the above facilities within thirty (30) days of notification from the City. 27 Temporary Reso. No. 11036 —Exhibit 2 of Tamarac ATTACHMENT "A" BID FORM Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 and Contracts Division (Bidder) (Date) 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award.. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 29 Temporary Reso. No. 11036 —Exhibit 2 of Tamarac __0 Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) The City of. Tamarac is hereby requesting Bids, from qualified vendors, to furnishing all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner. We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. City Facility Name and Location I Total $ /Month City Hall, 7525 NW 88th Avenue, Tamarac I $_ Transportation Division in the Broward Sheriff's Office Buiidin 7515 NW 88th Avenue, Tamarac Recreational Center, 7501 North University Drive, Tamarac Multi Purpose Center, 7531 North University Drive, Tamarac $ Caporella Aquatic Center, 9300 NW 58 Street, Tamarac Public Works Department, 6011 Nob Hill Road, Tamarac First Floor -- Building Department $ Second Floor— Public Works Department Utilities Building, 6001 Nob Hill Road, Tamarac Water Treatment Plant, 7803 NW 61 st Street, Tamarac Satellite City Hall, 4267 W Commercial Blvd., Tamarac Community Center, 8601 W. Commercial Blvd., Tamarac Fire Station #15, 6000 Hiatus Road, Tamarac $ TOTAL ANNUAL COST FOR ALL ABOVE LISTED FACILITIES [PLEASE NOTE PAYMENTS WILL BE MADE BY FACILITY $ ON A MONTHLY BASIS Company Name Authorized Signature 30 Temporary Reso. No. 11036 — Exhibit 2 Citv of Tamarac ATTACHMENT "A" BID FORM (continued) and Contracts Division We propose to furnish the following Special Events in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. The City shall occasionally, for whatever reason, have special events that will require janitorial attention unique to the regularly scheduled services. The Contractor will include square foot for the following services. Contractor's prices for these services will remain fixed and firm for the entire term of the Contract. Additionally, Contractor agrees to provide any or all of these services upon no less than twenty-four (24) hours' notice from the City. Special Events $/ Square Foot S ra buff of resilient floors $ Floor stripping, waxing and sealing__ $ Carpet shampooing bonnet method $ Carpet shampooing extraction method $ Furniture olishin $ Upholstery shampooing $ Glass cleaning$ Pressure cleaning $ Company Name Authorized Signature 31 Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac . —0 ATTACHMENT "A" BID FORM (continued) Purchasing and Contracts Division The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this. bid, and further, that they have examined the Invitation to Bid, the instructions.to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet . bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to. be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. Company Name Authorized Signature Address City, State, ZIP Typed/Printed Name Telephone & Fax Number Contractor's License Number Federal Tax ID# 32 Temporary Reso. No. 11036 -- Exhibit 2 City of Tamarac Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) Bidders Name: TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order To be considered eligible for award, one (1) original and two (2) copies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 33 Temporary Reso, No. 11036 —Exhibit 2 of Tamarac Purchasing and Contracts Division ATTACHMENT "A" BID FORM (continued) I"011re ai 04RTIi3 Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary. 34 Temporary Reso. No. 11036 — Exhibit 2 City of Tamarac 0 Purchasing and Contracts Division ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT State of Florida ) )ss. County of Broward ) Fred Pourba.i.x being first duly sworn, deposes and says that: 1. He/she is the agent (Owner, Partner, Officer, Representative or Agent) of Tri.arigle cervices, Inc. the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror, or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Printed Name rk--nerA] Manager Title 35 City of Tamarac Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT (continued) ACKNOWLEDGMENT State of Florida County of ,BrQKaxd On this the 23rd day of March , 2006, before me, the undersigned Notary Public of the State of Florida, personally appeared Fred Pourbaix and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. �,. rs, Maria Patricia Rajas NOT RY 'UBLIC, ATE OF FLORIDA NOTARY PUBLIC My Commission p0165734 i SEAL OF OFFICE: iww ExpiresFobrUaryV 2W7 �A404 PgR4u 4 41 4J (Name of Notary Public: Print, Stamp, or Type as Commissioned) 12'personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or M DID NOT take an oath 36 Temporary Reso. No. 11036 - Exhibit 2 City of Tamarac 0 Purchasing and Contracts Division ATTACHMENT "C" CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ® OTHER ❑ If "Other", Explain: 1 A thorized Signature General Manager - Title Triangle Services, Inc. Company Name Hollywood, FL 33020 City/State/Zip 954-929-0590 Fax Number Fred Pourbaix Name (Printed Or Typed) 86-072-6387 Federal Employer I.D./Social Security No. Address 2700 N. 29th Ave. Ste 207 954-929-0509 Telephone Fred Pourbai.X Contact Person 37 City of Tamarac Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division ATTACHMENT "D" OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager ADDRESS: 7525 NW 88th Avenue Tamarac, Florida 33321 Submitted By: Name: Address: Principal Office: Telephone No. Fax No. Check One ❑ Corporation ❑ Partnership ❑ Individual ❑ Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: K If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: 38 Temporary Reso. No. 11036 -Exhibit 2 of Tamarac Purchasing and Contracts Division b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this ,Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? ❑ YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? [-]YES ❑ NO 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 39 Temporary Reso, No. 11036 — Exhibit 2 City of Tamarac Purchasing and Contracts Division 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: 40 Temporary Reso. No. 11036 —Exhibit 2 City of Tamarac Purchasing and Contracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address Telephone 20. Attach a financial statement including Proposer's latest balance sheet and income. statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? ❑ YES ❑ NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 41 Citv of Tamarac Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON. BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. (Signature) ACKNOWLEDGEMENT State of Florida County of On this the day of , 2006, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 42 Temporary Reso. No. 11036 - Exhibit 2 City of Tamarac tl Purchasing and Contracts Division ATTACHMENT "E" REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Trigngle Services. Tnc'. ' Address 2700 N. 2S�th Ave. Ste. 207 City State Zip Hollywood., FL 33020 Phone/Fax Agency/Firm Name: tat renal rouncil nn Compensation TnS irance Address 901 Penninsula Corp. Circle Dr City State Zip Baca Raton, FL 33487_ Phone/Fax 561-893-1425 Contact Name Sylvia Deyinneyoh Agency/Firm Name: Beckman Coulter Address City State Zip Phone/Fax -305-380-4433 Contact Name Jack McAllister Agency/Firm Name: Braward Count Address City State Zip Phone/Fax 954-357-6586 Contact Name Agency/Firm Name: Tampa -ihtera-ational Airport - Address City State Zip Phone/Fax 813-870-8749 Contact Name Angel Garcia Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 43 Temporary Reso. No. It 036 —Exhibit 2 of Tamarac Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers. of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Triangle Services Inc. Aut orized Signature Company Name 44 City of Tamarac Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division ATTACHMENT "G" LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as othenxise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or' will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Contractor Percent License of Total Work to be Performed Number Contract 1. N/A 2. 3 4. 5. 0 Subcontractor's Name and Address 45 Temporary Reso. No. 11036 — Exhibit 2 of Tamarac Purchasing and contracts Division ATTACHMENT "H" BID BON STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, Triangle services of Florida, Inc. , as Principal, and Westchester Fire Insurance Company the City of Tamarac, a municipal corporation as Surety, are held and firmly bound unto of the State of Florida in the penal sum of Dollars ($ 5% of Amount Bid ), Five Percent of Amount Bid lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly, and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal al has submitted the accompanying Bid, date March 23 for: Cit wide Janitorial Service Bid No. 06-osB NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by. any extension of time within which said ' CITY may accept such Bid; and said Surety does hereby waive notice of any extension. 46 Citv of Tamarac Temporary Reso. No. 11036 -Exhibit 2 Purchasing and Contracts Division Signed and sealed this 17 th day of March , 20 o6 . IN PRESENCE OF: '2 2C. ` L f4.. Triangle Services of Florida, Inc. (Principal) 71 South Central Avenue (Business Address) Valley Stream, NY 00580 (AFFIX SEAL) (City/State/Zip) 516-561-170 (Business Phone) ATTEST: Westchester F Brian eary Surety" COUNT SIG RE: .f usan Pr -�- t t — oseph Pietrangelo F rida (Title) esident Agent ATTEST: Secretary *Impress Corporate Seal M 47 Attorney -In -Fact* Temporary Reso. No. 11036 —Exhibit 2 NOTARIAL ACKNOWLEDGMENT STATE OF ILLINOIS COUNTY OF COOK On this 17`" day of March , 2006, before me Debra J. Doyle a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Susan J. Preiksa, to me known, who being by me duly sworn according to law, did depose and say that she resides in. Illinois: that she is an Attorney -in -Fact of The Westchester Fire Insurance Com an , the corporation described in and which executed the foregoing instrument: that she knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that she signed this name thereto by like order: that she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 02/21/10 DEBRA I DOYLE NOTARY PUBLIC - STATE OF ILLINOIS 10 MY COMMISSION PIRES FEBRUARV 21.20 EX No Text rnODuCen Ann Risk Services, Inc. Of Illinois 200 East Randolph thicagG IL 60601 USA ,re f66G 2B3-7122 FAX• INSUR'SD Triangle Services Inc Attn: Cathy Corhley 71 south Central Avenue valley stream New York NY 11580-5495 USA 'll SON ONLY TICS cERTyr�ICAxE Is I S n� AND CONFIERS NO RIGHTS UPON THE CERTI ICATE HOLDER.'I MS Cp�RAGE AFFORDED ByIM CATE DOES NOT �POICIE5 BELOW - INSURERS R TSE AFFORDING COVERAGE NAIL # -5390 16535 INsuRA Zurich American zns Co Z3g17 Ii UMD: 111inois National insurance Co (r c C INSURER C INSURER D: gxT nW HAVE BEEN i55lJ�ri TO niB INSURED NpMEO ABOVE FOR THE QUCY P IOD IIdD1.0 MAY D. Big ISS Min MAY THE POLICII S OF AdSURANCE LISTED CONTRACT ANY gEQUM. � T[1, TE oltAFFCO DI IONBy Op ANY D COR BID OTHER iD 15 3 UB]ECT 7q A" THE TERMS, CWSIONS ANpCCONDIiIONS OP � OR MAY PERTAII`I AGGREGATE LJMITS SHOWN MAY HAVL-B£RN REDUCED BY PAID CLANS. F011CY POLIcy SVIRATION LIMm r,vE ar ursu ANr rDLICY NUMaER DATZNMwmYmT) DA7zMA ►V Y1 $1,000, r.3 A (;Log COt&4E t,C1AL 06NER4L LIABILITY CLAIMS MADE ® OCCUR OEML AGGPMATe iVAtT APPLIES PM* POLICY ® PRO• n Loc r>:cT ANY AUTO ALL OWMW AUTOS «SCtWULED WPOS IRRED AUTOS NON OWNED AUTOS Camp Deductible: 51.000 Coll lmduttible: V-000 GE LIA6>LM ANY AUTO OCCUR ❑ CI.ANIS MADR $10,000 A woRKCRS COMPENSATION AND A05 EMPLoylpS'uadITY wCS34404201 02/Ol/06 A ANY pWVRmOR1PA1TNER1AXECUTM MA & WT or1'tcPW��+�•��' U ya, aercrRe umdCr SPSCtAL MOVISRTrrs �bW OTnR ADDPD BY 6NDoxsEME► /SPBM1ALPROV1S101* EACH adGUR S500,000 DAMAGRTORIRM rRR,,eIs>;s � �> (Anr aoe p[xmogl px&SMAL& ADV II-wuaY , ODO, 000 Si00 GBHERAL AGGRecATH $2 , 000.000 PRODUCT'S • emmoP AM S2 , 000 , 000 O A u, comsBlNeDSINGLau�ICT S1,000,000 (6a.melemnr) � BODILY HOURY 4 t � i�� •� SODTLY INJURY PROmMTY DAMAGE (Per r 110 AUTO ONLY • 6A ACCIDENT OTNSRTHAN 1;AACC AUTO ONLY : AGO EACH OCCURRQNM $25,000, 02/01/07 EF-LACH ACCmiT�r Is®As6-sA w"'byi 51,000,000DTSbASE POucr LIMTt S1, 000 , 000 Eno= ANY OP nM ABOVE DLUM MBp POLICIES Ry CANC6 = DEPORE THE F�BtA7lON Triangle Services, 1nr:- DAM "rHMOFTH6 LSSUING 0MZMWUj RIDLAVOIII 1A4, 71 S. Central Ave. Bv�FA1iURr= DDTo pip$yp> DdPOsPN0CMUUGnTIONOPLIABIuITY�>rlt+r valley Stream, NY 11560 USA OF ANYxiNVVpWTlls�uM+•�AGENTsa1<ReP Ate` AVT140R17FYl RFPA£SbNTATNL' �(,aie �'s►� .S�srvrc+as �+►� o, f dais d 08IG 'ON auI 'sa�in�as a��ueial Wd8� 8 900Z •9l 'M of Taafnurac Temporary Reso. No. 11036 —Exhibit 2 Puro,asincq and ContraCtS Ciyision ATTACHMENT "I" CHANGE ORDER DATE OF ISSUANCE: NO. OWNER: CITY OF TAMARAC PROJECT NAME: 7525 NW 88'" Avenue Tamarac, FL 33321-2401 CONTRACTOR: BID NO, IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS, DESCRIPTION: PURPOSE OF CHANGE ORDE CHANGE IN CONTRACT PRICE Original Contract Price CHANGE IN CONTRACT TIME Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time prior to this Change Order Net (Increase) of this Change Order Contract Time with all approved Change Orders RECOMMENDED APPROVED BY BY BY Director City Manager Date Date Date APPROVED Contractor 48 City of Tamarac Temporary Reso. No. 11036 — Exhibit 2 Purchasing and Contracts Division ATTACHMENT " $ FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac,. dated , 20 , in connection with the following public work: PROJECT: N/A CONTRACT NO. does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of ,20_. Signed, Sealed and Delivered in the Presence of: Corporate Secretary Signature Contractor President Signature Type Name Type Name 49 Temporary Reso. Nq. 11036 -- Exhibit 2 City of Tamarac Purchasing and Contracts Division FINAL RELEASE OF LIEN ACKNOWLEDGMENT State of Florida County of On this the day of , 2006, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 50 Citv of Tamarac Temporary Reso. No. 11036 --- Exhibit 2 Purchasing and contracts Division SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC /\ L �7 THIS AGREEMENT is made and entered into this day of by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tam-arac, FL 33321 {the "CITY") and a corporation with principal offices located at (the "Contractor") to provide for City-wide Janitorial Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Request for Proposal Document No. 06-08R, "City-wide Janitorial Services", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Request for Proposal 06-08R, "City-wide Janitorial Services" as issued by the City, and the Contractor's Proposal, Request for Proposal 06-08R as issued by the City shall take precedence over the Contractor's Proposal, Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract . documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary as indicated in the bid package Bid NO, 06-08B Citywide Janitorial Services. 2.1.2 Contractor shall furnish all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within the bid document. 2.1.3 Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 2.1.4 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. 51 Citv of TaMorac Temporary Reso. No. 11036 -- Exhibit 2 Purchasing and Contrects Division 2.1.5 Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.6 All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. 2.1.7 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.8 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Purchase Order. 52 Temporary Reso. No. 11036 —Exhibit 2 of Tar7rarac Purchasing and Contracts Division . r 5) Contract Sum The Contract Sum for the above work is (Amount for which Agreement is made) ($) annually for the eleven (11) city facilities listed within the bid form. 6) Payments 6.1 The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unles's the parties agree otherwise. Upon receipt of a properly executed invoice from the Contractor, the City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 6.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty In the .event that Contractor causes damages during the period, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas of city facilities. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 9) Indemnification 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 53 Temporary Reso. No. 11036 —Exhibit 2 city of Tamaroc _ Purchasing and Contaots Division i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and. fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to; the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating 54 Temporary Reso. No. 11036 — Exhibit 2 City of Tamarac -0 Purchasine and Contracts Division any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to, perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such 55 City of Tainorac Temporary Reso. No. 11036 —Exhibit 2 Purchasing and Contracts Division R neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. IS) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or, unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 56 of Tamarac �A " Temporary Reso. No. 11036 --- Exhibit 2 Purchasing and Contracts Division 21) Uncontrollable Circumstances a. Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. b. Neither party shall, however, be excused. from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. c. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 21.a of this Agreement, .the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. Remainder of Page Intentionally Blank 57 CitV of Tamarac Temporary Reso. No. 11036 — Exhibit 2 Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and. (Name of party with whom Agreement is made), signing by and through its --------- (President, Owner, C.E.O., etc.) duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor Date ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CIVIC Date City Clerk Approved as to form and legal sufficiency: Date City Attorney Date ATTEST: Company Name Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) Signature of President/Owner Type/Print Name of President/Owner Date 58 City of Tamarac Temporary Reso. No. 11036 — Exhibit 2 Purchasing and Contracts Division STATE OF COUNTY OF CORPORATE ACKNOWLEDGEMENT SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this . day of 120 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Wei Citv of Tamarac Temporary Reso. No. 11036 -- Exhibit 2 Purchasing and Contracts Division CITY OF TAMARAC Sample Citywide Janitorial Services Performance Report Card At the start of every business day, designees will observe their respective facilities and work areas noting the overall appearance of the facility interiors. Those observations will be reported in summary fashion on this form and submitted monthly to the Facilities Supervisor or designee. Critical issues requiring immediate attention will be reported to the Facilities Manager or designee upon discovery. Critical issues include, but are not limited to: inadequately filled dispensers, unsanitary drinking fountains, and visible dirt or dust in customer reception areas. Performance ratings are intended to assess the contractor's conformance to contract requirements, specifications, and standards of good workmanship. The rating scale to be used is as follows: Performance Area: Customer Reception Areas Exceptional 4 Satisfactory 4 Unsatisfactory No visible dust and dirt in reception areas 5 4 3 2 1 No visible dirt, s ots, or stains on floors, carpets, and mats 5 4 3 2 1 No visible handprints, fingerprints, or smud es on windows 5 4 3 2 1 Performance Area. Clean and Service Restrooms Exceptional Satisfactory unsatisfactory Dispense s filled and serviced daily5 4 3 2 2 1 1 No visible dirt, s ot$, or stains on floors, car ets, and mats 5 4 3 1 Bathroom and shower fixtures cleaned and sanitized daily5 4 3 2 Performance Area: Trash and Recycling Exceptional � satisfactory 4 unsatisfactory Trash and recycling receptacles emptied dail 5 4 3 3 2 2 1 1 Trash can liners re laced dail 5 5 4 4 3 2 1 Trash and rec clables se Grated and disposed of propeqy Performance Area: Administrative and Office Areas Exceptional 4 Satisfactory 4 unsatisfactory No visible dirt, spots, or stains on floors, carpets, and mats 5 4 3 2 1 No visible dust and dirt in stairwells and hallways 5 4 3 2 1 No visible handprints, fin er rints, or smudges on windows 5 4 3 2 1 No visible dust and dirt in lunch rooms, break rooms, and other 5 4 3 2 1 staff areas .r Temporary Reso. No. 11036 — Exhibit 2 2850 SUNRISE LAKES DR, W Phone (954)444-0385 APT 312 Fax (954)746-8598 SUNRISE, FL 33322 E-mail mprojas66@att.net Maria Patricia Rojas Objective I would like to work for an aggressive and challenging company in an operations/facilities management position, where I may.continue to enhance and develop my skill" 1995 - PresentTriangle Services, Inc. Hollywood, Fl. Work experience Operations Manager for Dade, Broward and Palm Bch Counties • Responsible for the operations in all three counties. Assist and train all site Managers and supervisors assigned to the different accounts. • Conduct weekly inspections with the customer for each location with a minimum of 350,000 sq/ft to ensure customer satisfaction. • Responsible for the operation and control of all building maintenance, its management and personnel including: Labor, Supply and Equipment - constantly seek out ways to reduce costs while maintaining or keeping under budget, as defined by cast analysis, for all jobs performed. • Maintain performance plan for all staff under my management. • Responsible for: Personnel administration, Payroll, Hiring and firing process, Labor Planning, Budget Control. ■ Assure that the branch is in compliance with all federal government regulations. Ensure Customer Service Satisfaction. 1989 - 1995 IBM, T.J. Watson Research Center Hawthorne, NY rac.Mlties Layout • The establishment, administration, and continuous improvement of a facility layout office fit up process that ensures offices and other areas are safe. ■ Assisted in the process of obtaining outside contractor bids, and also coordinated required site visits (walk4hru's), to report progress to executive management. Education it Administrative Specialist - Graduated • United States Army, Fort Jackson, S.C. 1986 • 4 Semesters of Business Administration • Universidad del Valle, Cali Colombia. 1980 Awards received 0 Team Player Award 1993. • Peer Recognition Award 1994. Special Skills • Work extremely well with people even in the most difficult situations. Languages E Fluent in both English and Spanish References 0 Available upon request. of Tamarac f and Contacts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND TRIANGLE SERVICES, INC. cwemi),c(i a-006 THIS AGREEMENT is made and entered into this 13Nay of by c1nd between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Triangle Services, Inc., a Florida Foreign corporation with offices located at 2700 N. 29t" Avenue, Suite 207 (the "Contractor") to provide for City-wide Janitorial Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Invitation for Bid No. 06-08R, "City-wide Janitorial Services", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Invitation for Bid 06-08R, "City-wide Janitorial Services" as issued by the City, and the Contractor's Bid, Invitation for Bid 06-08R as issued by the City shall take precedence over the Contractor's Bid. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary as indicated in the bid package Bid NO. 06-08B Citywide Janitorial Services. 2.1.2 Contractor shall furnish all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within the bid document. 2.1.3 Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. 2.1.4 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. of Tamarac and Contracts Division 2.1.5 Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.6 All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. 2.1.7 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.8 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Term 4.1 Commencement: The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Purchase Order. 4.2 Contract Period: The contract period shall be for two (2) years based upon successful performance by the Contractor. The Contractor, however, shall initially contract exclusively with the City for a guaranteed period of six (6) of Tamarac and Contracts Division months. The Contractor shall be evaluated by City personnel during this time period. During the initial six (6) month period, the contactor shall enjoy an exclusive contract relationship with the City. 4.3 Contractor's Right to Contract Exclusivity:. Upon completion of the initial six (6) month period, however, unsatisfactory performance by the Contractor shall result in the loss of exclusivity. Satisfactory performance will result in the Contractor maintaining its exclusive right to perform the requirements of this Agreement for additional six (6) month terms until the completion of the full two (2) year term. 4.4 Agreement Renewals: Upon completion of the first full two (2) year period, the City reserves the right to renew the Contract for two (2) additional two (2) year periods based on the successful Bidder agreeing to the same terms and conditions and by giving written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the Contract amount. Contract renewal will be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement. 4.5 Performance Evaluation: The City shall utilize a performance questionnaire, which shall be mutually developed and agreed upon by the City and Contractor, based on the Sample shown as Appendix A herein. Upon completion of and mutual agreement regarding the contents of the performance questionnaire by the City and Contractor, the final document shall replace and supersede Appendix A, as a part of this Agreement. The City and Contractor, from time to time, may make additions, deletions or changes to Appendix A under the terms of this Agreement. 5) Contract Sum The Contract Sum for the above work is not to exceed Two Hundred Forty -Six Thousand, Six Hundred Forty -Eight Dollars and no cents $246,648.00 annually for the eleven (11) city facilities listed within the bid form. 6) Payments 6.1 The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. Upon receipt of a properly executed invoice from the Contractor, the City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 6.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. of Tamarac and Contracts Division 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty In the event that Contractor causes damages during the period, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas of city facilities. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 9) Indemnification 9.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnification including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 9.3 In the event of a claim under this Agreement, any settlements shall be subject to the approval of the respective insurance carriers for the City and the Contractor. 9.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. of Tamarac -0 Purchasing and Contracts Division 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: of Tamarac Purchasing and Contracts Division CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Triangle Services, Inc. 2700 N. 29,nAvenue. Suite 207 T Hollywood, FL 33020 _ Fred Pourbaix, Regional_ Manager 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 14.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Change Orders The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is of Tamarac and Contracts Division begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days on the part of the Contractor) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 17) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 18) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 20) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22) Uncontrollable Circumstances 0 of Tamarac 0 Purchasing and Contracts Division a. Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. b. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. c. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 21.a of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. Remainder of Page Intentionally Blank M. of Tamarac 0 Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and. Triangle Services, Inc., signing by and through its Regional Manager, duly authorized to execute same. ATTEST: Signature of Region I Manager Fred Pourbaix Type/Print Name of Regional Manager (CORPORATE SEAL) CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Da'Z. Jeffre ler, City Manager CkI1'r;- I o62 Date Appro;red as to form and legal sufficiency: Date _TRIANGLE SERVICES, INC. Company Name Signature -of Regio6al Manager Fred Pourbaix Type/Print Name of Regional Date of Tamarac and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF �u%� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Fred Pourbaix, General Manager of Triangle Services, Inc., a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of ()a- 3'i? , "o' 540"440 Stary Public kitatenoht Large E*kn FebMM 07 2007 Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. FBI City of Tamarac 0 Purchasing and Contracts Division CITY OF TAMARAC AGREMEAPPENDIX A Sample Citywide Janitorial Services Performance Report Card At the start of every business day, designees will observe their respective facilities and work areas noting the overall appearance of the facility interiors. Those observations will be reported in summary fashion on this form and submitted monthly to the Facilities Supervisor or designee. Critical issues requiring immediate attention will be reported to the Facilities Manager or designee upon discovery. Critical issues include, but are not limited to: inadequately filled dispensers, unsanitary drinking fountains, and visible dirt or dust in customer reception areas. Performance ratings are intended to assess the contractor's conformance to contract requirements, specifications, and standards of good workmanship. The rating scale to be used is as follows: Performance Criteria Rating Performance meets or exceeds requirements with few minor problems for which 5 — Exceptional corrective actions were highly effective 4 — Very Good Performance meets requirements with some minor problems for which corrective actions were highly effective 3 — Satisfactory Performance meets requirements with some minor problems for which corrective actions were satisfactory 2 — Marginal Performance does not meet some requirements with problems for which corrective actions appear only marginally effective or have not been fully implemented Performance does not meet most contractual requirements with problems for which 1 —Unsatisfactory corrective actions appear ineffective and/or have not been identified or implemented Performance Area: Customer Reception Areas Exceptional 4 Satisfactory 4 Unsatisfactory No visible dust and dirt in reception areas 5 4 3 2 1 No visible dirt, spots, or stains on floors, carpets, and mats 5 4 3 2 1 No visible handprints, fingerprints, or smudges on windows 5 4 3 2 1 Performance Area: Clean and Service Restrooms Exceptional 4 Satisfactory 4 Unsatisfactory Dispensers filled and serviced daily 5 4 3 2 1 No visible dirt, spots, or stains on floors, carpets, and mats 5 4 3 2 1 Bathroom and shower fixtures cleaned and sanitized daily 5 4 3 2 1 Performance Area: Trash and Recycling Exceptional 4 Satisfactory 4 Unsatisfactory Trash and recycling receptacles emptied daily 5 4 3 2 1 Trash can liners replaced daily 5 4 3 2 1 Trash and recyclables separated and disposed of properly 5 4 3 2 1 Performance Area: Administrative and Office Areas Exceptional 4 Satisfactory 4 Unsatisfactory No visible dirt, spots, or stains on floors, carpets, and mats 5 4 3 2 1 No visible dust and dirt in stairwells and hallways 5 4 3 2 1 No visible handprints, fingerprints, or smudges on windows 5 4 3 2 1 No visible dust and dirt in lunch rooms, break rooms, and other staff areas 5 4 3 2 1 11 s,ER�icEs Via Federal Express August 31, 2006 Keith Glatz Director of Purchasing Department City of Tamarac 1525 NW 881h Avenue Tamarac, FL 33321 Reference: Corporate Resolution — CITY OF TAMARAC Citywide Janitorial Services BID # 06-08B Dear Mr. Glatz: On behalf of both Lonnie Fine and Perry Fine and on behalf of the Corporation of Triangle Services, Inc., this letter shall authorize Mr. Fred Pourbaix, Regional Branch Manager, consent to sign the contract between City of Tamarac and Triangle Services Inc. All future correspondence and other communication should be made to our local office to the attention of: Fred Pourbaix Triangle Services, Inc. 2700 North 291h Avenue, Suite 207 Hollywood, FL 33020 Tel: 954 929-0509 Fax: 954 929-0590 Thank you for your cooperation and your support is greatly appreciated. Sincerely, TRIANGLE SERVICES, INC. Lonnie Fine, President / CEO Date L'MVICIATED SERVICE P''KIOFESS%ONALS DEl,.DVERNI", AS i'k0WSE[.:.11' SERL//CES/A/C_ 71 South Central Avenue • Valley Stream, New York 11580 • Phone (516) 561-1700 • Fax (516) 872-1599 CORPORATE RESOLUTION I, Lonnie Fine, being President/CEO of Triangle Services, Inc. do hereby certify that at a meeting of the Board of Directors of said corporation duly held, the following Resolutions were duly adopted, that said Resolutions have not been amended, rescinded or revoked, and are in no way in conflict with any of the provisions of the Charter or By - Laws of said corporation. RESOLVED: That Regional Branch Manager, Fred Pourbaix, of said Corporation, is authorized to sign the City of Tamarac contract on behalf of Lonnie Fine, President /CEO of said Corporation. RESOLVED: All correspondence and communications from the City of Tamarac can be sent through our Regional Branch Office of said Corporation, located at 2700 North 29th Avenue, Suite 207 Hollywood, FL 33020 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of this Corporation this 3 1 day of �2006. Corporate Seal Signature: y' (k.L C- Lonnie Fine, President/CEO On this 31 day of August, 2006 Lonnie Fine, PresidenVCEO personally appeared before me to be the signer of the above instrument, and he acknowledged that he signed it. EtERINE M CORBLEY Notary Public - state of New York NO.01 C06040721 Qualified In Nassau C unty My Commission Expires •I i v Arizona Arkansas California Colorado • Florida G', crria Massachusetts • Minnesota New Jersey Now York • Onicr