HomeMy WebLinkAboutReso 2021-3258RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH
CLEAN SPACE, INC. FOR JANITORIAL MAINTENANCE SERVICES, IN A TOTAL
AMOUNT NOT TO EXCEED TWO HUNDRED TWO THOUSAND FOUR HUNDRED
SEVENTY-SIX DOLLARS AND FOUR CENTS ($202,476.04), 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 ("City") issued and advertised Invitation to Bid
No. 19-08-02 ("Bid") for Janitorial Maintenance Services ("Services") and received five (5)
responses, and it was determined that Clean Space, Inc. was the lowest responsible, responsive
bidder; and
WHEREAS, on October 2, 2019, via Resolution No. 2019-2997, the City Commission
awarded the Bid to the Clean Space, Inc., and approved a two (2) year Agreement for the
Services in an amount not to exceed $352,715.36; and
WHEREAS, on February 22, 2021, the City Manager executed a First Amendment to the
Agreement, authorizing Clean Space, Inc., to perform Additional Services, which was paid for
utilizing the contingency funds approved by the Commission via Resolution No. 2019-2997; and
WHEREAS, the City wishes to exercise its first renewal option for a period of one (1)
year, thereby leaving two (2) additional one (1) year renewal options; and
WHEREAS, the City Commission now wishes to approve a Second Amendment to the
Agreement with Clean Space, Inc. to provide janitorial maintenance services to the City, in a
total amount not to exceed Two Hundred Two Thousand Four Hundred Seventy -Six Dollars and
Four Cents ($202,476.04), 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. Approval of Second Amendment. The City Commission hereby approves a
Second Amendment to the Agreement with Clean Space, Inc. to provide janitorial maintenance
services to the City, in a total amount not to exceed Two Hundred Two Thousand Four Hundred
Seventy -Six Dollars and Four Cents ($202,476.04), 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.
R2021_Second_Amend_w_CIean_Space_for_Janitoria l—Svcs Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 2151 day of October 2021.
Larisa Svechin, Mayor
ATTPEAPPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Maur, CMC, City Clerk Edward A. Dion, City Attorney
Moved by: (.A�-////f//i;�� 60t-/-V/Rfseconded by:/�i�Ss/�/��
Vote:
Mayor Svechin '—�y� (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner LamaYes) (No)
Commissioner Viscarra (,� (Yes) (No)
R2021_Second_Amend_w_CIean_Space_for_JanIto rial—Svcs Page 2 of 2
°x SECOND AMENDMENT TO THE AGREEMENT BETWEEN
yF� THE CITY OF SUNNY ISLES BEACH AND CLEAN SPACE, INC.
o; SON'°oCONTRACT NO. C2019-7260
This Second Amendment to the Agreement between the CIT QF SUNNY IW B ACH
("City") and CLEAN SPACE, INC. ("Contractor"), executed this' day of ' J'� ,
2021, is made a part of the original Agreement ("Agreement") dated November 1, 2019, between the
City and Contractor, a copy of which is attached hereto as Attachment "A", whose Federal
Identification # is 32-0338631. The City and Contractor hereby agree as follows:
1. FIRST OPTION TO RENEW. The City hereby elects to exercise its first option to renew
the Agreement for one (1) year as set forth in Section 4 of the Agreement. The effective date of
this first renewal term shall commence on November 1, 2021, and shall terminate no later than October
31, 2022.
2. ADDITIONAL COMPENSATION. Section 7 of the original Agreement between the
parties is hereby amended to include additional compensation for this one (1) year renewal term
in an amount not to exceed One Hundred Thirty -Five Thousand Five Hundred Twenty -Six Dollars
and Four Cents ($135,526.04) for routine janitorial services, and up to Sixty -Six Thousand Nine
Hundred Fifty Dollars ($66,950.00) for additional services upon satisfactory completion of work
requested by the City. This amount will bring the total compensation for the first renewal term in
an amount not to exceed Two Hundred Two Thousand Four Hundred Seventy -Six Dollars and
Four Cents ($202,476.04).
3. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment `B".
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated November 1, 2019, shall
remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terns, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A", and "B".
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of
the date mentioned above.
WITNESS:
2�� 1 �Za�
Signatu e
jessica Giunco
Print Name
ATT
Page 2
CLEAN SPACE, INC..
BY:
Signature
Matt Giunco
Print Name, As its Operations Manager
CITY O SU NY ISLES BEACH
BY:
Larisa Svechin, Mayor
AP PR VED S -T FORM AND
LEGAL ICIE C
BY: c L
Edward A. Dion; City Attorney
\J--"
Attachment "A"
Original Agreement
Page 2
oftipuwrrssrs+
=. o ` = AGREEMENT BETWEEN'THE CITY OF SUNT
W.
AND CLEAN SPACE, INC.
CONTRACT NO. C2019-7260
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 1stday 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 (hei�ei.nafter 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) foe 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.
I THE CONTRACT DOCUMENTS. The Contract Documents consist. of this
Agreement, as well as the terms and conditions of the City's Invitation toBid N0.19 -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 fotth 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 work,man.like and professional manner to perform Services.
Clean Space C2019-7260
City ofSunny lsles 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 beirig 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 MJ[NIMUM REOUIREMENTSMENALTIES. 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. Pa ment 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.
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
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. DWEPENDENT 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. WSURANCE. 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:
❑ 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.
❑ Worker's Compensation, as required by state law.
❑ 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.
❑ 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, lnc. 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. TERMINATION 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 l0A(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 Sunny1sles 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
WAIVE 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 recognized 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
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 11.9, Florida Statutes, or as otherwise
provided by law.
Clean Space, Inc. C20194260
City of Sunday [Wes Reach 18070 Coliins Avenue, Sunny [sles Beach, Florida 3316+
(305) 947-0606 phone (.105) 949-3113 Fax
(iii.) Contractor shall ensure that }public records that are exempt or confidential and
exempt from public records disclosure requirements are riot disclosed except as authorized by
law for the duration of the contract I(= and following completion of the contract if the
Contractor does not transfer the recor4- 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 con1r1ct, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure roquirements, ff the
Contractor keeps and rnainiairns public recur& upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All retards stored
electronically musi be provided by Contractor to the City, upon request from the City, in a
fornnat.that is compatible with the information technology systems ofthcCity.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUMIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITE'°S CUSTODIAN OF
PUBLIC RECORDS AT (305) 7924703, CityC9erk sibfl.net, 18070 Collins
Avenue, 41° Floor, Sunny Isles Beach, Florida 33150.
14, AUDIT. The Conttuctor shall make available to the City or its representative all requirad
financial records associated with the Agmement for a period of three (3) years.
15. NON-DISCRIMINATION. The Qwtn4l for agrees to comply with all local and state
civil rights ordinances and with Title' STI of the Civil (fights Aot of 1984 as amended, Tito VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
DovclQpmeat: Act of 1974 as amrnded, 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 F-xecutive Order 11248 as arncnded by Executive Orders 11375 and 12086. The
Contractor will not discriminate against any employee or applicant for employment because of
race, colo, creed, mligiott, ancestry, national origin, see, disability or other handicap, age,
Writallfamilial 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 cniployirkent practices iicludc but arc not limited to the following:
Miring; upgrading, dernotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or r thea. forms of compensation, and selection. for tm-ning, including apptenticesh;p,
The Contractor agrees to post in co>aspicuous places, available to employees and applicants fur
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to eon)ply with any Tcdcral regulations issued
pursuant to compliance with Section SO4 of the Rehabilitation Act. of 1473 (29 U.S.C. 708).
which prohibits discrimination against the handicapped in any FederalIy assisted program.
16. CO ICT OF INTEREST. The CoWraclor agrees to adhere to and lie governed by
the Mami-Dade County Conflict of Iuterest Ordinmce Scctiou 2-11.1, as arnendedv and by the
City of Sunny Isles Beach Ordinance No, 99-82. which are iucorparated by reference herein as if
Clean spnc. Inc. c2W9-luo 7
CllyqfSunny Isles Beach 18070 Collins Avenue, Sunny lsles 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 covenatlts 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. IiVT► MNI---- - -ON AN AIVER CIF LUBI _ ITS`. To the fullest extent
permitted by law, the CVIV
Contractor agrees to in€letnnify 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 aoy and all causes of action, demands,
claims, losses, liabilities and expenditures of any bind, 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 brou$ht 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 car proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination
of this Agreements 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 partiess agree that One Bundred Dollars ($100.011)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
18, iOBITION A—GAINST C_PN lRACT_UJG VJTH SCI UTII'VI D
CQMPANI} % Pursuant to Florida Statutes Section ,215.47 5, 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 paiticipating in a boycott of
Israel. Any contract for goods or services of One lvlillion Dollars (.51,000,000) or more shall be
terminated at the City's option if it is discoverer) that the entity submitted fa;ls-e 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 Judy 1, 2018 shall be ten-ni.nated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
Clean Spare. C20190260
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 Contracior 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") and. shall 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
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
Signature
Print Name
ATI
CMC City Clerk
CLEAN SPACE, INC.
7A#---7
Matt , Operatio s Manager
CITY OF SUNNY ISLES BEACH
BY: 1° '4 '4 - e'O."V
Christop er J usso, City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY: L✓ BY:
Department Head Edward A. Dion, City Attorney
Clean Space, The. C2019-7260 to
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 I I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 9470606 phone (305) 949-3113 Fax
Attachment "B"
City of Sunny Isles Beach Invitation to Bid
No. 1.9-08-20
"JANITORIAL MAINTENANCE SERVICES"
Clean Space, Inc. C2019-7260 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment IT"
Scrutinized Contractors Certificate
Clean Space, Inc. C2019-7260
i
Attachment C
SCHEOULE.OF
FACILITIES
VALUES
MONTHLY COST
ANNUAL COST
1. Government Center
$ 5,508.75:- X 12 =
S
66,105.00
(Approx. 54,000 Sq. Ft.)
3,767.40
45,208.80
2. PelEtan Community Park
% 12 =
$
S
Community Center and GVmnaslum
(Approx. 25,WO Sq. Ft.)
376.74
4,520.88
3. Public Works Modular
$ X12=
S
(Approx-1,000 Sq. Ft.}
A
Total of Items L through 3; S 9,854.56
g
115,834.68
Annual Cast
SUPPLIES
PROPOSED SOLUTION
MONTHLY COST
4. Paper Towels Refills for Bathroom
r4 MV50PILARDROus6 Pr CASE5---9938.00
S. Toilet Raper ReflOstar Bathrooms
AS O 2 PLY PAP % P1 CASE
S
252.00
6.Tollet Paper Refills for 4th Floor
1 CASE OF 2 PLY PAPER 96 P/ CASE
$
-
7. Trash rag Refills for Bathroom
4 CASES OF 15 GAL. 0.45MIL 500 PI CASE
$
80,00
C
Total of Supplies ttems4 through 7:
$
1,312.00
C d
$1,312.00 x 1z = _ _15.744.00
A + 0
g 115.834.68 + $ 15,74400
=g
E
131,578.68_._.
Annual Cost
Total Cost per Year A+ 0
E
Total Cost of Contract 12y Two Years (E X 2) L.263,157.36
CAs
such the Contracwshall turnlsh all tabor, matertats, equipmen% tools, superintendence and services necessary to provide
complete Custodial Services
PROPOSED CHEMICALS
PROPOSED -SOLUTION
Cost per Unit
Carpet Stain RemaralKR
SPOTSHOTINSTANTSTAiNREMOVE2oOZCAN
611
Floor Finish Stepper
RENOWN STRIPPER GALLON
$
10.89
Conewtrated Synthetic Neutral Detergent
RENOWN NEUTRAL CLEANER GALLON
$
6.05
Quaternary Ammonium Germicidal Detergent
MEDiCLEAN MICRO13AN GALLON
$
46.93
Stainless Steel Cleaner
RENOWN OIL BASED
$
5.62
LaNNon-type Cleanser
SCOTT FLORAL LOTION SKIN CLEANSER PER UNIT
$
515
GlassCleaner
RENOWN GLAS.4CLEANER GALLON
$
5.77
Bowl Cleaner
RENOWN BOWL CLEANER QUART
5
245
Water -Emulsion Type Concrete and Terrazzo Sealer
TILELAB CONCRETE AND TERRAZO SEALER GALLON 5
48.71
Grafitti Remover
RENOWN VANDAL MARK REMOVER AEROSOL CAN$
S.ia
Carpet Shamp00%neentrate
RENOWN CARPET EXTRACTOR CLEANER GALLON
$
U1
MetaWrik Polymer Floor Finish
BETCO HARD AS NALLS PER GALLON
$
T133
OPTIONAI SERVICES
Shampooing
$ 0.10 per Sq. Ft.
3triplWaxilluffrile Flooring:
S 010 per Sq. Ft.
Porter or Janiter, Regular Rate
$ 1SA0 per Hour
NigWHolidevs Rate
$ MDO per Hour
Exterior Window Cleaning; Governmscnt Center
S 4-SOO.00 per cleaning
t i
�J ry
V i
1
11 r��•I/OYtO'•
� Y.•tYY �
Notes: The-Bldder, by slgi ft this Bid form and Contract, fully acknowledges that he/she will receive no additional comperuation (no
overhead, no anticipated profits, etc.) other than the bid unit price of the hems Mmes the number of Items authorized, ordered, placed, and
accepted by the City. The funding for this and all projects Is based on the avallabity of funds at the dme of awarding the contract,
�t
_ CONTRACTOR ANTI -BOYCOTT CERTIFICATION
` 4!`�I�. ILO►` ��� ..
[PURSUANT TO FLORIDA STATUTE § 215.47251
Matthew iunco Clean Space, Inc.
_ I, 9 , on behalf of
Print Name Company Name
Space, Clean Sp , Inc.
certifies that does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israci.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.
Signature
Operations manager
Title
1.1 /08/2919
Date
Attachment "B"
E -Verify Affidavit
Page 2
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https:Hwww.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
Company Name
Offeror Signature Date
Print Name Title
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this day of 2021.
By
11
Is personally known to me
❑ Has produced identification (type of identification produced:
Signature of Notary Public
Print or Stamp of Notary Public Expiration Date
c.
CEJ
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33260
(305) 947-0606 City Ball
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Christopher J. Russo, City Manager
Susan Simpson, Assistant City Manager
October 21, 2021
Approval of a Second Amendment with Clean Space, Inc. for Janitoria
Services
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Assistant City Manager will report.
ATTACHMENTS:
Resolution
Second Amendment.
Item Number: 10.1
214