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