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HomeMy WebLinkAboutReso 2019-2997 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO BID ("BID") NO. 19-08-02 TO, AND APPROVING AN AGREEMENT WITH, CLEAN SPACE, INC. FOR JANITORIAL MAINTENANCE SERVICES, IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY-TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND THIRTY-SIX CENTS ($352,715.36), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide janitorial services ("Services") to the City; and WHEREAS, the City issued and advertised Bid No. 19-08-02 for Janitorial Maintenance Services and received five (5) responses, and it was determined that Clean Space, Inc. was the lowest responsible, responsive bidder; and WHEREAS, Clean Space, Inc. is qualified, willing, and able to provide the Services as more particularly described in the terms and conditions of the Agreement; and WHEREAS, the City wishes to award Bid No. 19-08-02 to, and enter into a two (2) year Agreement with, Clean Space, Inc. to provide janitorial maintenance services to the City, in a total amount not to exceed Three Hundred Fifty-Two Thousand Seven Hundred Fifty Dollars and Thirty-Six Cents ($352,715.36), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of Bid No. 19-08-02 and Approval of Agreement. The City Commission hereby awards Invitation to Bid No. 19-08-02 to, and approves a two (2) year Agreement with, Clean Space, Inc. to provide janitorial maintenance services to the City, in a total amount not to exceed Three Hundred Fifty-Two Thousand Seven Hundred Fifty Dollars and Thirty-Six Cents ($352,715.36), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. R2019 Awd Bid 19-08-02 and Enter into Agmt w Clean Space for Janitorial Svcs Page 1 of 2 PASSED AND ADOPTED this 2nd day of P tobe 2019. George Scholl, Mayor ATC, rev r : •�..„ r r� t ' Ma (lc o tancur)GMC, City Clerk AkPPROVEI S TO FORM AND LEGAL SUFFICIENCY: 44)1(.44 Edward A. Dion, City Attorney Moved by: CowlSston(eGotzm J Seconded by: Chian isst 1- nh Vote: Mayor Scholl J (Yes) (No) Vice Mayor Svechin ✓ (Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Lama 1(Yes) (No) Commissioner Viscarra I (Yes) (No) R2019 Awd Bid 19-08-02 and Enter into Agmt w Clean Space for Janitorial Svcs Page 2 of 2 NT I,�. AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CLEAN SPACE, INC. CONTRACT NO. C2019-7260 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 1st day of November, 2019,. by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and CLEAN SPACE, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor")whose Federal I.D.#is 32-0338631. RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to provide janitorial services at the Government Center, Pelican Park and the Public Works Modular ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City issued Invitation to Bid No. 19-08-02, titled "Janitorial Maintenance Services" on or about August 15, 2019 and Contractor was the lowest responsive and responsible bidder for those Services; and WHEREAS, the City desires to enter into an agreement with Contractor to provide the Services described in Attachment"A", attached hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed Three Hundred -Ninety-Three Thousand One Hundred Fifty-Seven Dollars and Thirty-Six ($393,157.36) for the term of the Agreement. NOW THEREFORE, in consideration of the promises and the mutual covenants herein the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the City's Invitation to Bid No.19-08-02 contract, which are specifically incorporated herein and made a part hereof as Attachment "B" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the City's Invitation to Bid No. 19-08-02 contract, as more particularly described in Attachment "A" (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Clean Space C2019-7260 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon full execution of this agreement and shall be for a term of two (2) years. The City shall have the option to renew this Agreement for three additional one-year periods on a year to year basis. Payment will be made only for work completed to the satisfaction of the City. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 15 and 17 titled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. PERFORMANCE MINIMUM REQUIREMENTS/PENALTIES. During the term of this Agreement and any renewals thereof, The intent of this contract is for the City to be provided clean, well-maintained buildings at all times. Failure to meet the cleaning specifications, as set forth in this contract, will result in deductions in payment and possible termination of the contract. Performance and quality of work shall be first-class in hygiene, cleanliness and appearance. In order to maintain the facilities in this condition, Contractor will immediately remove any visible soil found as a result of inspection. The assessment of the performance of the Contractor will be based upon visible results, and not upon the frequency or method of cleaning. Punitive actions for poor performance that may be taken by the City may include any one or more of the following actions: a. Issue an order to stop payment for work accomplished under this contract until corrective action(s)have been taken. b. If the Contractor completely misses a facility and/or location, a monetary deduction of $200.00 will be assessed. A monetary deduction of $50.00 per any specific task as specified within the daily, weekly, monthly requirements shall be assessed by the City for non- performance or deficiencies in work performed. These deductions shall be based on a single task per location. When a task is reported as unsatisfactory (deficiency), the designated City representative will notify the Contractor by telephone, and follow up by a written report. The Contractor shall have a crew dispatched to correct the deficiency no later than the following work day. This remedy does not negate the City's right to the monetary deduction. The Contractor shall bear all costs associated with the required correction as described herein. Clean Space,Inc.C2019-7260 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax c. Obtain required services from any other source and deduct full cost to City from amount due Contractor. d. Initiate termination actions. 6. PERFORMANCE BOND. The Contractor shall furnish the City with a Performance Bond in the amount of Three Hundred Ninety-Three Thousand One Hundred Fifty-Seven Dollars and Thirty-Six ($393,157.36) with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after the effective date of this Agreement. The Performance Bond shall continue in effect through the term of the Agreement. The bonds shall be with a surety company authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five(5) years. 7 COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in an amount not to exceed One Hundred Thirty-One Thousand Five Hundred Seventy-Eight Dollars and Sixty-Eight ($131,578.68) per year for routine janitorial services and up to Sixty-Five Thousand Dollars ($65,000) for additional services upon satisfactory completion of work requested by the City.. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Attachment "A", under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payments shall be made only after completion of the project. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. c. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the Clean Space,Inc.C2019-7260 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 9. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence. o Worker's Compensation, as required by state law. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. o Professional Liability Insurance, with a minimum limit of not less than One Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or omissions of Contractor in the performance of this Agreement Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Clean Space,Inc.C2019-7260 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 10. TERNIINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph l0A(i) and 10A(ii)above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. Clean Space,Inc.C2019-7260 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax 11. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS' AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognised courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Edward A. Dion City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)792-1776 Sunny Isles Beach,Florida 33160 Tel: (305) 792-1766 If to the Matt Giunco, Operations Manager Contractor: Clean Space, Inc. 3764 NW 124th Avenue Coral Springs, FL 33065 Tel. (305) 262-4920 mg@cleanspaceonline.com cleanspaceonline.com 13. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. Clean Space,Inc.C2019-7260 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305)947-0606 phone(305) 949-3113 Fax (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed exceptas 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. (iv.)Contractor shall, 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 by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 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 CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach,.Florida 33160. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3)years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act. of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST, The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2:11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if • Clean Space,Inc.C2Q19=7260 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold-harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered;necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 18. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractor must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the Clean Space,Inc.C2019-7260 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the 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 Florida Statute Section 215.4725. 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") andshall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A", "B"and"C". 21. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. SIGNATURE PAGES BEGIN ON NEXT PAGE Clean Space,Inc.C2019-7260 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax WITNESS: CLEAN SPACE, INC. Signature Matt I ,Operatio s Manager Print Name ATTES : CITY OF SUNNY ISLES BEACH (J1 BY: : BY: Mau cis Bet;ncur, Christop er J "'usso, City Manager CMC City Clerk 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: I BY: &4'iLLI, ( e O 1. Department Head / Edward A. Dion, City Attorney Clean Space,Inc.C2019-7260 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Quote and Services to be Provided CLEAN SPACE, INC. Clean Space,Inc.C2019-7260 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax Attachment "B" City of Sunny Isles Beach Invitation to Bid No. 19-08-20 "JANITORIAL MAINTENANCE SERVICES" Clean Space,Inc.C2019-7260 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax Attachment "C" Scrutinized Contractors Certificate Clean Space,Inc.C2019-7260 13 • • V$"‘''--1?,-4,,,\.,��. Attachment C o.:u•,. SCHEDULE OF VALUES • FACILITIES MONTHLY COST ANNUAL COST 105.00 1.Government Center - $ 5,508.75 X 12= S - (Approx.54,000 Sq.Ft.) $ X 12=3,767.40 $ 45, 208.80 • - 2.Pelican Community Park - Community Center and Gymnasium . - (Approx.25,600 S .Ft.) 376.74 4,520.88 - 3.Public Works Modular $ X 12:-• $ (Approx.1,000 Sq.Ft.) A Total of Items I.through 3:$ 9,854.56 $ 115,834.68 Annual Cost SUPPUES PROPOSED SOLUTION MONTHLY COST 4.Paper Towels Refills for Bathroom 14 CASES OF HARD ROLLS 6 Fl CASE $ 938.00 5.Toilet Paper Refills for Bathrooms 6 CASES OF 2 PLY:PAPER 96 P/CASE $ 252.00 6.Toilet Paper Refills for 4th Floor 1 CASE OF 2 PLY PAPER 96 P/CASE $ 42.00 7.Trash Bag Refills for Bathroom 4 CASES OF 15 GAL 0.45MIL 500 P/CASE $ 80.00 C 1 Total of Supplies Items 4 through 7:$ 1,312.00 $ 1,312.00 x u = $ 15,744.00 $ 115.834.68 + $ 15,744.00 =$ 131,578.68 Annual Cost Total Cost per Year A+D • E Total Cost of Contract(2)Two Years(E X 2)$ 263,157.36 (` As such the Contractor shall furnish all labor,materials,equipment,tools,superintendence and services necessary to provide complete Custodial Services PROPOSED CHEMICALS PROPOSED.SOLUTION Cost per Unit 8 Carpet Stain Removal Kit SPOT SHOT INSTANT STAIN REMOVE 20 OZ CAN $ 6.21 Floor Finish Stripper RENOWN STRIPPER GALLON $ 10.89 Concentrated Synthetic Neutral Detergent RENOWN NEUTRAL CLEANER GALLON $ 6.05 Quaternary Ammonium Germicidal Detergent MEDICLEAN MICROBAN GALLON $ 46.93 i Stainless Steel Cleaner RENOWN OIL BASED $ 5.62 E - Lotion-type Cleanser SCOTT FLORAL LOTION SKIN CLEANSER PER UNIT $ 5.25 Glass Cleaner RENOWN GLASS CLEANER GALLON $ S.77 f. Bowl Cleaner RENOWN BOWL CLEANER QUART $ 255 Water-Emulsion Type Concrete and Terrazzo Sealer TILELAB CONCRETE AND TERRAZO SEALER GALLON$ 48.71 ` Graffiti Remover RENOWN VANDAL MARK REMOVER AEROSOL CAN$ 5.18 j Carpet Shampoo Concentrate RENOWN CARPET EXTRACTOR CLEANER GALLON $ 12.19 Metal-Link Polymer Floor Finish BETCO HARD AS NAILS PER GALLON $ 2733 8 OPTIONAL SERVICES • • Shampooing: $ 0.10 per Sq.Ft. Strip/Wax/BuffTile Flooring: $ 020 per Sq.Ft. Porter or Janitor,Regular Rate $ 15.00 per Hour • • Nights/Holidays Rate $ 18.00 per Hour Eaterior Window Cleaning:Government Center $ 4.500.00 - per cleaning Notes:The Bidder,by signing this Bid Form and Contract,fully acknowledges that he/she will receive no additional compensation(no overhead,no anticipated profits,etc.)other than the bid unit price of the items times the number of Items authorized,ordered,placed,and accepted by the City.The funding for this and all projects is based on the availablty of funds at the time of awarding the contract. C i • 1 • '• `"MMT IJP f r f w • • • atel111 ' _ CONTRACTOR ANTI-BOYCOTT CERTIFICATION . . • '°'' "' [PURSUANT TO FLORIDA STATUTE§215.4725] Matthew junco Clean Space, Inc. I, 9 , on behalf of . Print Name Company Name Clean Space, Inc. certifies that does not: Company Name • 1. Participate in a boycott of Israel; and F _ 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. -411(111111, Signature Operations manager Title • - 1.1 /08/2019 - Date