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HomeMy WebLinkAboutR-2025-184 Kleen Tech Services Award for Janitorial Services Ocean Park (ITB 25-020)RESOLUTION NO. 2025-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 25-020 “OCEAN PARK JANITORIAL SERVICE” AND TO ENTER INTO AN AGREEMENT WITH KLEEN-TECH SERVICES, LLC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ocean Park is a major component of Dania Beach’s popular beachfront and pier attractions; and WHEREAS, the public restrooms are a key amenity provided at Ocean Park for the many visitors to the City’s beach, pier and restaurant establishments; and WHEREAS, high quality and reliable janitorial services are required to properly maintain the cleanliness and appearance of the restroom facilities; and WHEREAS, to solicit the required service, the City advertised Invitation to Bid No. 25-020 “Ocean Park Janitorial Services” on OpenGov and received the good responses: • Kleen-Tech Services $18.25 an hour • Clean Space LLC $19.00 an hour • Jani-King of Miami Inc $19.00 an hour • Diamond Shine Group $19.75 an hour; and WHEREAS, The Bid Committee, comprised of the Public Services Deputy Director/City Engineer, the Public Services Superintendent and two Procurement Specialists, conducted a thorough review of all submissions, and WHEREAS, based on the Committee’s review and input, Kleen-Tech Services was selected; and WHEREAS, the Bid Committee determined that Kleen-Tech Services, LLC was the lowest bidder for this service; and WHEREAS, the City Administration recommends that the City Commission award Ocean Park Janitorial Services NO. 25-020 to Kleen-Tech Services. in the amount of $18.25 an hour. 2 RESOLUTION #2025-184 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an agreement with Kleen-Tech Services, LLC for the Ocean Park Janitorial Services, in accordance with the itemized schedule of costs, a copy of which is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this reference. Section 3. That funding for this restoration is appropriate and available within the Ocean Park “Repair & Maint. Services Buildings” Account No 415-45-02-545-46-40. Section 4. That the total available budget for this service is $125,000.00 for the contract term of one year. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective ten (10) days after passage and adoption. PASSED AND ADOPTED on November 18, 2025. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2025-184 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND KLEEN-TECH SERVICES, LLC FOR OCEAN PARK JANITORIAL SERVICES (ITB NO. 25- 020) THIS AGREEMENT (the “Agreement”) is entered into on _____________, 2025, by and between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”), located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Kleen-Tech Services, LLC (the “Contractor”), a Delaware limited liability company registered to conduct business in Florida, with its principal address at 7100 Broadway, Suite 6L, Denver, Colorado 80221. ARTICLE 1. PREAMBLE 1.1 On July 21, 2025, the City advertised its notice to bidders of the City’s desire to engage a Contractor to provide janitorial services at Ocean Park, as more particularly described in Exhibit A attached hereto and incorporated herein by reference, for ITB No. 25-020 entitled Ocean Park Janitorial Services. 1.2 On August 21, 2025, bids were opened at Dania Beach City Hall, 100 West Dania Beach Boulevard. 1.3 On November 18, 2025, the City Commission awarded the bid to Contractor and approved this Agreement consistent with the terms and conditions set forth herein. ARTICLE 2. SERVICES AND RESPONSIBILITIES 2.1 Contractor agrees to provide all janitorial services as described in Exhibit A (Scope of Work – ITB No. 25-020) and Exhibit B (Contractor’s Response) attached hereto and incorporated herein. In the event of a conflict, this Agreement shall control, followed by Exhibit A, then Exhibit B. 2.2 Contractor shall furnish all labor, supervision, necessary for the proper performance of this Agreement in a professional and workmanlike manner. 2.3 Contractor represents that it possesses the necessary expertise, experience, and qualified personnel to perform the services required under this Agreement. 2.4 Contractor shall be fully responsible for the technical accuracy, timely completion, and quality of all services performed under this Agreement. 2.5 No subcontractor shall be engaged without the prior written approval of the City. 2.6 Contractor shall maintain appropriate on-site supervision and ensure that all employees perform their duties courteously, safely, and professionally. All supervisory personnel changes must be approved in advance by the City. 2 ARTICLE 3. TERM AND TERMINATION 3.1 The term of this Agreement shall be for one (1) year, with the option to renew for up to two (2) additional one-year terms upon mutual written consent of the parties. 3.2 Termination for Convenience. Either party may terminate this Agreement, in whole or in part, for any reason or no reason at all upon ninety (90) days’ written notice to Contractor. Contractor shall be paid for services satisfactorily performed through the effective termination date. 3.3 Termination for Cause. The City may terminate this Agreement for cause if Contractor fails to comply with any material term. The City shall provide five (5) days’ written notice to cure. If Contractor fails to cure within that period, the City may terminate and withhold payment for unperformed or deficient services. 3.4 Non-Appropriation of Funds. The City’s obligations under this Agreement are contingent upon annual budget appropriation. If funds are not appropriated, the City may terminate this Agreement without penalty upon written notice. 3.5 City’s Remedies upon Default. Upon default, the City may procure substitute services and deduct any excess cost from sums due to Contractor or recover such costs as damages. ARTICLE 4. COMPENSATION, BILLING, AND METHOD OF PAYMENT 4.1 The City shall pay Contractor an amount not to exceed One Hundred Twenty Five Thousand Dollars ($125,000.00) per year. No travel or meal expenses shall be reimbursed. 4.2 Contractor shall submit invoices monthly for services rendered. Each invoice shall include supporting documentation required by the City. The City shall pay approved invoices within thirty (30) days of receipt. 4.3 Billing Procedure. The preferred method for invoice submission is by email to ap@daniabeachfl.gov. A copy may also be mailed to: City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez, Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 4.4 Any additional services beyond the approved scope shall require prior written authorization by amendment or work order executed by both parties. 3 4.5 The City may withhold payment for any unsatisfactory or incomplete work until such deficiencies are corrected to the City’s satisfaction. ARTICLE 5. PERFORMANCE AND OVERSIGHT 5.1 The City reserves the right to inspect any facility at any time for compliance with this Agreement. If deficiencies are found, the City may issue a written notice to cure within five (5) days. Repeated deficiencies may constitute grounds for termination for cause. 5.2 Contractor shall perform services in accordance with standards of cleanliness and safety acceptable to the City. Persistent failure to meet performance standards may result in liquidated damages of $250 per day until deficiencies are corrected. 5.3 All Contractor personnel working at City facilities shall undergo background checks at Contractor’s expense prior to assignment. The City reserves the right to reject any personnel failing to meet background standards. ARTICLE 6. LICENSES, PERMITS, AND FEES In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement. Contractor shall obtain and maintain, at its own expense, all permits and licenses required by applicable law, and shall pay all associated fees unless otherwise expressly waived by the City. ARTICLE 7. SAFETY 7.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Project Work. 7.2 The Contractor shall comply with all safety laws, ordinances, rules, and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56), and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA) and its amendments. ARTICLE 8. INDEMNIFICATION Contractor shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City, its officials, employees, and agents from and against all claims, damages, losses, and expenses (including attorney’s fees) arising out of or resulting from the negligent acts, errors, or omissions of the Contractor or anyone directly or indirectly employed by the Contractor in the performance of this Agreement. The parties acknowledge the consideration of Ten Dollars ($10.00) and other valuable consideration for this indemnification, the sufficiency of which is hereby acknowledged. 4 ARTICLE 9. INSURANCE Contractor shall procure and maintain insurance coverage as required by Section 2.23 of the ITB, including but not limited to: • Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate. • Automobile Liability: $1,000,000 combined single limit. • Workers’ Compensation: statutory limits; Employers’ Liability $100,000/$500,000/$100,000. • The City of Dania Beach shall be named as Additional Insured on all applicable policies. Certificates of insurance shall be provided and approved by the City prior to the commencement of any work. Failure to maintain required insurance shall be grounds for immediate suspension or termination of this Agreement. ARTICLE 10. INDEPENDENT CONTRACTOR Contractor is an independent contractor and not an employee or agent of the City. Contractor shall be solely responsible for all wages, benefits, and taxes arising from its employment of persons in connection with this Agreement. ARTICLE 11. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising under this Agreement shall lie exclusively in Broward County, Florida. The parties waive any right to jury trial. ARTICLE 12. PUBLIC RECORDS AND AUDIT RIGHTS Contractor shall comply with Chapter 119, Florida Statutes, and all applicable laws relating to public records. Upon request, Contractor shall provide access to public records related to this Agreement within a reasonable time. The City reserves the right to audit all books, documents, papers, and records related to performance under this Agreement for a period of three (3) years after termination. Custodian of Records: Elora Riera, City Clerk 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Email: eriera@daniabeachfl.gov ARTICLE 13. COMPLIANCE, ETHICS, AND SAFETY 13.1 Contractor certifies compliance with all applicable federal, state, and local laws, including Sections 287.135 and 448.095, Florida Statutes (Scrutinized Companies and E-Verify). 5 13.2 Contractor and its officers affirm that no City employee or official has any financial interest in this Agreement, and Contractor has not engaged in any act prohibited by Section 112.313, Florida Statutes (conflicts of interest). 13.3 Contractor shall use environmentally safe cleaning products whenever practicable and comply with all applicable environmental, health, and safety standards. ARTICLE 14. SCOPE OF WORK The City of Dania Beach, Florida (“City” or “Owner”), is actively seeking bids from qualified Contractors (“Contractor”) for a project known as Ocean Park Janitorial Services. Contractor shall determine the number of attendants/workers necessary to adequately perform the required services. The total level of service shall equal 62 hours per week in aggregate, not per individual attendant/worker. Service Schedule: • Thursday through Monday: 8:00 a.m. – 6:00 p.m. (10 hours per day) • Tuesday and Wednesday: 10:00 a.m. – 4:00 p.m. (6 hours per day) Location: Ocean Park, 100 N Beach Road, Dania Beach, FL 33004 Service Areas: Common Area, Beach Area, Restrooms, and Parking Lot Duties include, but are not limited to: • Restroom cleaning and disinfection of all surfaces, including restocking of towels, tissue, and soap (supplied by City). • Emptying and disinfecting all trash and sanitary receptacles. • Polishing mirrors and fixtures. • Cleaning and sanitizing toilets, urinals, and basins. • Wiping down dispensers and fixtures. • Dusting and removing marks from walls and partitions. • Mopping and disinfecting floors and door handles. • Emptying approximately 70–80 blue trash receptacles and replacing liners as needed (liners provided by City). • Cleaning and polishing drinking fountains or water coolers. • Removing trash and debris from receptacles and surrounding areas. • Maintaining cleanliness of exterior swales and landscaped areas. • Policing the property for litter on roadways, sidewalks, and public surfaces, and reporting any concerns to management. 6 ARTICLE 15. NOTICES City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney Contractor: Kleen-Tech Services, LLC 7100 Broadway, Suite 6L Denver, Colorado 80221 ARTICLE 16. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon full execution and approval by both City Commissions and shall remain in effect for ten (10) years, unless terminated earlier under Article 3. The Agreement may be renewed for successive ten-year terms upon mutual consent by both Parties. SIGNATURES ON THE FOLLOWING PAGES 7 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR CANDIDO SOSA-CRUZ, ICMA-CM ACTING CITY MANAGER Dated: _____________, 2025 APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 8 CONTRACTOR: Kleen-Tech Services LLC a foreign limited liability company WITNESSES: SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF COUNTY OF ____________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on ______ , 20__, by ________________________, as __________________________ of ______________________, a Delaware limited liability company, registered to conduct business in Florida. He/She is personally known to me or has produced ____________ as identification. NOTARY PUBLIC My Commission Expires: State of