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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-136 Temp. Reso. 13376 December 11, 2019 Page 1 of 4 CITY OF TAMARAC, FLORIDAi /RESOLUTION NO. R-2019 3 C A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 19- 30R TO AND APPROVING AN AGREEMENT WITH SUNSHINE CLEANING SYSTEMS, INC. FOR CITYWIDE JANITORIAL SERVICES; AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE CONTRACT RENEWALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 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 services provided in a cost-effective and efficient manner; and WHEREAS, on September 10, 2019, the City published RFP No. 19-30R for Citywide Janitorial Services, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on September 17, 2019, the City of Tamarac held a Pre-Proposal Meeting; and WHEREAS, on October 15, 2019, the City received and opened six (6) submittals, and determined the submittal from one (1) firm, Medders, Inc. to be non- responsive and was not considered further in the evaluation process; and WHEREAS, an Evaluation Committee, facilitated by the City's Buyer and comprised of the Public Services Superintendent, Public Services Facilities Supervisor, and Public Services Budget and Contracts Manager, reviewed and evaluated the submittals; and Temp. Reso. 13376 December 11, 2019 Page 2 of 4 WHEREAS, the Evaluation Committee evaluated the submittals per RFP 19-30R and determined Encompass-CSI, Inc. to be the highest scoring proposal and invited that firm to make an oral presentation, which was presented November 13, 2019; and WHEREAS, on November 16, 2019, City Staff received a call from Encompass- CSI, Inc. stating they had made an error in their pricing; and on November 20, 2019, City Staff received a formal request from Encompass-CSI to withdraw their proposal; and WHEREAS, of the remaining four (4) proposers, the following firms were invited to make presentations on November 26, 2019: High Sources, Inc., Sunshine Cleaning Systems, Inc., and United States Service Industries, Inc.; and WHEREAS, based upon the totality of the material and information provided by the vendors, the Evaluation Committee unanimously determined Sunshine Cleaning Systems, Inc. to be the most responsive and responsible proposer, a copy of the Evaluation Summary is attached hereto as "Exhibit 1"; and WHEREAS, the Director of Public Services, Director of Financial Services, and the Purchasing and Contracts Manager recommend the City of Tamarac execute an Agreement with Sunshine Cleaning Systems, Inc.; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an Agreement with Sunshine Cleaning Services, Inc. for Citywide Janitorial Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Temp. Reso. 13376 December 11, 2019 Page 3 of 4 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, and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission HEREBY awards RFP No. 19-30R to Sunshine Cleaning Systems, Inc., and approves an Agreement between the City of Tamarac and Sunshine Cleaning System, Inc. ("The Agreement") and the appropriate City officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide Citywide Janitorial Services. SECTION 3: The appropriate City Officials are HEREBY authorized to extend or renew the Agreement with Sunshine Cleaning Systems, Inc. for Citywide Janitorial Services. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any count of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally" Temp. Reso. 13376 December 11, 2019 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /1 day of 2019. CCU 4-162.hL, MICHELLO MAYOR ATTEST: LILLIAN PABON, CMC ACTING CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: BOLTON DIST 2: GELIN DIST 3: FISHMAN DIST 4: PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM MUEL S. GOREN CITY ATTORNEY TAMARAC The City For Your Life City of Tar Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND SUNSHINE CLEANING SYSTEMS, INC. THIS AGREEMENT is made and entered into this ` "i, day of IQ by and between the City of Tamarac, a municipal corporation with principal office located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Sunshine Cleaning Systems, Inc. a Florida corporation with principal offices located at 3449-3445 N.E. 12th Y P P P Terrace, Oakland Park, Florida 33334 (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 Request for Proposal (RFP) Document No. 19-30R, "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 RFP # 19-30R, "City-wide Janitorial Services" as issued by the City, and the Contractor's Proposal, Invitation for RFP 19-30R 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 RFP NO. 19-30R, 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 TAMARAC The City For Your Life City of Tamara manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. 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. 2.1.9 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. 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 existing city facilities within thirty (30) days of notification from the City. 3. Insurance 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. 3.1. 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 TAMARAC The City For Your Life City .. . ..., ,. 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. Term 4.1 Performance Probation Period: The Contractor shall enter into a Ninety (90) day probationary period beginning on the date of the execution of this Agreement. During this time City staff will closely scrutinize the Contractor's performance. If the performance is acceptable, the Contractor will be notified and the Agreement will extend through the expiration date this Agreement. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. 4.2 Term: The contract term shall be for a three (3) year term effective February 17, 2020 subject to a provision with regard to Performance Base Contracting. All prices shall remain fixed and firm for the initial contract term. 4.3 Renewal: City reserves the right to recommend renewal of the Agreement(s) for up to two (2) additional two (2) year periods, providing satisfactory Contractor(s) performance, providing for Contractor(s) and City's mutual acceptance to renew and as may be in the best interest of the City. 4.4 Extension Option: City shall have the option to extend the term of the Agreement on a month-to-month basis upon thirty (30) days written notice to the Contractor at the same terms and conditions in the event that the City is unable to complete the renewal or rebid of this Agreement(s) prior to the scheduled expiration. 5. Contract Pricing The Contract Pricing for the above work for each facility and special event service shall be in accordance with the pricing contained in Attachment A, "Contract Schedule of Prices" herein. 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 TAMARAC The City For Your Life 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. Allowable Contract Adjustments 7.1 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. 7.2 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 one of the following instances: 7.2.1 Biennial CPI Increase: After the satisfactory completion of the initial term of two (2) years or twenty-four (24) months and upon each subsequent contract renewal, the contract price shall be eligible for an increase equal to the percentage change to the Miami Urban CPI Index for the twenty-four (24) month period ending June 30 of the current contract year. In no case shall the adjustment exceed 4% for any 12 month period (8% for a twenty- four month period) at any one time. In the event a bi-annual CPI increase is justified, it will take effect on October 1 of the same calendar year. The CPI Index to be used shall be for all Urban Consumers in the Miami, Fort Lauderdale, West Palm Beach Metropolitan Area, average all items, not seasonally adjusted, as published by the Bureau of Labor Statistics. 7.2.2 Cost Reduction Measures: In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in frequency. In such an event, the monthly cost for the affected service shall be used to calculate the cost for the reduced service and the contract cost shall be reduced by that amount. The Contractor shall also be provided with a minimum 30- day notice prior to any such reduction in services. TAMARAC The City For Your Life City of Tamara Purchasing any 7.2.3 Change in Minimum Wage Law: The contract cost may be adjusted due to a change in the State of Florida Minimum Wage 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. The contract cost adjustment shall not be applicable to wage increases not mandated by a change in law (e.g. salary increase to attract or retain employees, to reward performance, etc.) It is the Contractors responsible to provide documentation verifying eligible changes due to changes in minimum wage law; such documentation includes, but is not limited to, certified payroll reports. Example scenario for change of Contract Cost / due to Minimum Wage law change: * Current Minimum Wage is $8.00 Current actual rate of compensation $8.10 New Minimum Wage increased to $8.25 Actual wage paid increased to $8.50 Wage change eligible for Contract Cost Change $0.15 ($8.25— 8.10 = $0.15) *Figures used in above example are for illustrative purposes only, and do not necessarily reflect actual minimum wage rates. 8. Performance Based Contracting Evaluation and Monitoring — Performance Based Contracting 8.1 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 City and Contractor may be terminated, without penalty, by 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. 8.2 Use of Supplemental Agreements TAMARAC The City For Your Life City of Tamara Contra:,:., The City reserves the right to award additional agreements for Citywide Landscape Maintenance Services after attainment of the minimum contractual guarantee due to unsatisfactory performance by Contractor. Awards may be made under this solicitation for a period of Ninety (90) calendar days from contract award for landscape services, subject to mutual agreement between the City and the applicable Contractor. City shall attempt to award supplemental agreements to Bidders in sequential fashion, beginning with the lowest priced responsive and responsible bid. If supplemental Bidder is unwilling or unable to maintain pricing during the (90) calendar day period, then 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, (90 calendar days), unless the original Contractor is defaulted for non- performance during that period. 8.1 Right to Exclusivity 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: 8.1.1 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. 8.1.2 The Contractor shall provide a level of service which shall lead to optimal 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 Contractor's performance, and may result in cancellation of the exclusivity provision contained herein. 8.2 Contract Report Card: The City shall formally evaluate Contractor on an ongoing basis during the term of the Agreement. The Project Manager shall evaluate the Contractor using a "Contract Report Card" evaluation document, which will evaluate 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 TAMARAC The City For Your Life City of Tamara "Contract Report Card" evaluation for that period. The Project Manager may appoint a separate committee of contact stakeholders to individually submit "Contract Report Cards" for evaluations. The Contractor shall maintain an average score of 70% or above. In the event that the score falls below 70% for two successive quarters, the Contractor shall lose their rights to exclusivity under the Agreement. 8.3 Performance The 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 agreement. 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. 9. 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 $100 per incident is an amount proportionate to the cost incurred by the City as a result of that breach. 10.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. 11.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. 12.Indemnification 12.1 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 TAMARAC The City For Your Life 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. 12.2 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 indemnifications 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. 12.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 12.4 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. 12.5 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. 13.Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity TAMARAC The City For Your Life or expression, or disability if qualified. 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 and its subcontractors shall agree to post in conspicuous places, available to its 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 all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14.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. 15.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. 16.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 TAMARAC The City For Your Life Purchasing and Contracts Division 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 Sunshine Cleaning Systems, Inc. 3449-3445 N.E. 12th Terrace Oakland Park, Florida 33334 ATTN: Laura Coenen, President Phone: (954) 772-0884 17.Termination 17.1 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. 17.2 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. 18.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. 19.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. 20.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. TAMARAC The City For Your Life Purchasing and Contracts Division 21.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. 22.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. 23.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. 24.Uncontrollable Circumstances 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. 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. 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. TAMARAC The City For Your Life Purchasing and Contracts Division 25.Scrutinized Companies - 287.135 AND 215.473 25.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 25.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 26.Public Records 26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 26.1.1 Keep and maintain public records required by the City in order to perform the service; 26.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 26.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. TAMARAC The City For Your Life City of Tamara tracts 26.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 26.2 During the term of the contract, the Contractor shall maintain 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. 27.Custodian of Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@ TAMARAC.ORG Remainder of Page Intentionally Blank TAMARAC The City For Your Life City of Tamarac Purchasing asing 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. Contractor, signing by and through its President/Owner duly authorized to execute same. �.: •.��� CITY OF TAMARAC co : 196:3 ESTABLISHED': 4 „ �°a _13 �, : , Mich Ile J. Gomez, Mayor" SEAL i ri01111PWW--- ATTEST: ichael C. Cernech, City Manager [ 6--Cq Lillian Pabon, CMC Date Acting City Clerk , Approved as to form and legal sufficiency: Date e K IA^i S 1zak City Attorney 12. ( 2. Za g i Date ATTEST: SUNSHINE CLEANING SYSTEMS, INC. • Company Name Signa r of Co porate Secretary Signa ur of Presid Owner n L CP.ltx-CeAt Laura Coenen Type/Print Name of Corporate Secy. Type/Print Name of President/Owner td,--41/q (CORPORATE SEAL) Date TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF itte -- :SS COUNTY 04(6ZL1 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 Laura Coenen, President, of Sunshine 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 this day of bbnixv , 20 (1 . ` '</')/6/t1.611/1 ,sP yPubPc Staeof Signature of Notary Public 2� •°`= NotaryPublic-State of Florida • LI'.II c= Commission kGG069777 State of Florida at Large •'%�F��0Q;° My Comm.Expires Feb 5,2021 r OFP k ris-hAp__ &Muir' Print, Type or Stamp Name of Notary Public rf Personally known to me or Produced Identification Type of I.D. Produced &-y DID take an oath, or DID NOT take an oath. TAMARAC The City For Your Life City of Tamarac rurchasury aria urvision 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 Criteria Rating 5 — Exceptional Performance meets or exceeds requirements with few minor problems for which 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 Performance does not meet some requirements with problems for which 2 — Marginal corrective actions appear only marginally effective or have not been fully implemented 1 — Performance does not meet most contractual requirements with Unsatisfactory problems for which 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 5 4 3 2 1 mats No visible handprints, fingerprints, or smudges on 5 4 3 2 1 windows Performance Area: Clean and Service Restrooms Exceptional 4 Satisfactory 4 Unsatisfactory TAMARAC The City For Your Life Dispensers filled and serviced daily _ 5 4 3 2 1 No visible dirt, spots, or stains on floors, carpets, and 5 4 3 2 1 mats Bathroom and shower fixtures cleaned and sanitized 5 4 3 2 1 daily Performance Area: Trash and Recycling Exceptional 4 Satisfactory - 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 5 4 3 2 1 properly Performance Area: Administrative and Office Areas Exceptional 4 Satisfactory 4 Unsatisfactory No visible dirt, spots, or stains on floors, carpets, and 5 4 3 2 1 mats No visible dust and dirt in stairwells and hallways 5 4 3 2 1 No visible handprints, fingerprints, or smudges on 5 4 3 2 1 windows No visible dust and dirt in lunch rooms, break rooms, 5 4 3 2 1 and other staff areas TAMARAC The City For Your Life City Purchasing and Contracts Division Attachment A— Contract Schedule of Prices Special Events Cleaning Day Porter Services Amount* Per Sq Ft/Per hour Spray buff of resilient floors $0.1550 Per Sq. Ft Floor stripping, waxing and sealing $0.3500 Per Sq. Ft Carpet shampooing (bonnet method) $0.1250 Per Sq. Ft Carpet shampooing (extraction method) $0.1500 Per Sq. Ft Furniture polishing $14.4000 Per Hour Upholstery shampooing $21.6000 Per Hour Glass cleaning $21.6000 Per Hour Pressure cleaning $21.6000 Per Hour Additional Day Porter Service - (Monday — $19.7400 Per Hour Friday) Additional Day Porter Service - (Saturday — $25.6000 Per Hour Sunday) Price Per Facility Name/Address Monthly Cost* City Hall - 7525 NW 88th Avenue, Tamarac $4,027.82 Public Services North Building - 6011 Nob Hill Road, Tamarac $1,403.83 Parks Administration Building 6001 Nob Hill Road, Tamarac $1,046.16 Water Treatment Plant - 7803 NW 61st Street, Tamarac $564.56 Fire Station #15 - 6000 Hiatus Road, Tamarac $984.42 Public Services South / IT Building 10101 State Street, Tamarac $2,043.69 Recreational Center, 7501 North University Drive, Tamarac $2,336.60 Multi Purpose Center 7531 North University Drive, Tamarac $2,336.60 Caporella Aquatic Center, 9300 NW 58th Street, Tamarac $984.42 Community Center, 8601 W. Commercial Blvd., Tamarac $4,408.60 Day Porter Services, Mon - Friday 5 hrs per day $2,350.32 Broward Sherriffs Office, 7515 Pine Island Road Tamarac, FL 33321 $2,091.31