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HomeMy WebLinkAboutR-2009-032 La Belle Janitorial Services Bid Award RESOLUTION NO. 2009-032 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID FOR JANITORIAL SERVICES FOR THE CITY OF DANIA BEACH TO LA BELLE CLEANING CO. AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that contracts for the purchase of supplies, services, equipment and materials for the City government in excess of twenty-five thousand dollars ($25,000.00) shall not be entered into or let except by authorization and approval of the City Commission, after advertisement for bids in a newspaper published in Broward County, Florida, with such publication to be published weekly for two (2) consecutive weeks with the first publication to be not less than fifteen(15) days prior to the reception of bids; and WHEREAS, the Acting City Manager has determined that there is a need to contract for janitorial services for the City of Dania Beach Administrative Center and the Public Services Administrative building; and WHEREAS, bids and specifications for Janitorial Services were advertised and responses were received on January 9, 2009; and WHEREAS, the Acting City Manager has determined, after review of the bids received, that such services can be provided at the least cost to the City by awarding the bid to La Belle Cleaning, Co.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That subject to the provisions of Section 2, below, the offer received from La Belle Cleaning Co. for janitorial services for the City facilities known as the Administrative Center (exclusive of those spaces occupied by the Broward Sheriffs Office), and the Public Services Administrative Building, is accepted, and the appropriate City officials are authorized to execute an agreement with the company for such services in the amount of$14,640.00 annually for the first two years and two additional one year renewals with mutal consent of both parties under the same terms and conditions. Section 2. That the Acting City Manager and City Attorney are authorized to make minor revisions to such agreement as are deemed necessary and proper for the best interests of the City. Such agreement and award of the bid shall not be deemed finally accepted by the City unless and until the City has completed its execution of the agreement. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on February 24, 2009. / ALBERT C. JONE ATTE�S7T,:., aQnIs F1�P MAYOR-COMMI ONER LOUISE STILSON, CMC CITY CLERK xreo APPROVED AS FO r` AND CORRECTNESS: THOMAS A A 'B CITY ATTORNEY 2 RESOLUTION #2009-032 EXHIBIT "A" SERVICE FOR ADMINISTRATION CENTER (CITY HALL) 100 West Dania Beach Blvd., Dania Beach, FL Work to be done Monday through Friday after 5 p.m. Three times per week: • Dust and clean all fixtures (including restrooms), counter tops, doors, door frames, kick plates, tables, chairs and window ledges and baseboards • Empty waste receptacles and wash as necessary • Empty and damp clean all outside ash trays • Clean, sanitize and polish drinking fountains • Sweep, dust mop, vacuum and damp mop all floors • Disinfect all tables, sinks and kitchen counters • Spot clean glass doors, glass windows and mirrors • Spot clean carpets as needed • Refill all paper and soap dispensers, replace urinal disinfectant blocks as needed • Spot clean restroom partitions and walls • Disinfect exterior of all appliances and cabinet doors • Clean and sanitize all telephones • Lock entrance doors and turn lights off after completion of daily work Once Per Month • Polish all office furniture, desks, credenzas, shelves, etc. • Vacuum fabric type furniture and wipe clean plastic and leather furniture • Dust light fixtures and ceiling vents Additional services upon request: • Strip and refinish floors • Carpet cleaning by hot water extraction • Outside window washing 3 RESOLUTION #2009-032 SERVICE FOR PUBLIC SERVICES DEPARTMENT OFFICES 1201 Stirling Road, Dania Beach, Florida Cleaning to be done after 5 pm Three times per week: • Dust and clean all fixtures (including restrooms), office furniture, file cabinets, desks, credenzas, counter tops, display units and window ledges • Spot clean doors,doorframes, light switches and walls • Empty and wash all ashtrays, clean all sand urns • Empty all waste receptacles and take out to designated area • Clean all internal glass partitions and entrance glass • Clean and sanitize drinking fountains and water coolers • Vacuum and spot clean all carpeted areas • Dust and damp mop all ceramic and resilient floor areas • Sweep all concrete floor areas • Disinfect all tables, sinks and kitchen counters, disinfect exterior of all appliances • Refill all paper and soap dispensers • Clean and polish all restroom fixtures and dispensers • Clean and disinfect wash basins, toilet bowls, urinals • Clean and disinfect restroom walls and partitions • Clean and sanitize all telephones • Mop all restroom floors with germicidal solution • Polish all metal and mirrors in restrooms • Clean janitors closet • Turn off designated lights and lock doors and windows Once a month • Damp wipe all high and low shelves, surfaces and corners beyond the reach of normal dusting, dust all picture frames • Polish all office furniture, desks, credenzas, shelves, etc. • Vacuum fabric type furniture and wipe clean plastic and leather furniture • Clean and polish all chrome chairs and table legs • Dust all Venetian blinds • Dust light fixtures and ceiling vents 4 RESOLUTION#2009-032 AGREEMENT THIS IS AN AGREEMENT ("Agreement"), dated , 2009 between: THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business location at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and LA BELLE CLEANING COMPANY LLC ("Contractor"), a Florida limited liability company with its principal place of business located at 25 West Pine Tree Avenue, Lake Worth, Florida 33467. In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, for the consideration fully set out below, shall furnish all the materials, equipment and labor to perform all work requested by the City, all in full and complete accordance with the City's Invitation to Bid and Contractor's response to it, which document is attached and a made part of this Agreement. 1.2 The City advertised its notice to bidders of the City's desire to have the Project completed, pursuant to the bid entitled: CITY OF DANIA BEACH JANITORIAL SERVICES Bid No.: 09-002 1.3 On 2009, the City awarded the bid to Contractor and authorized the proper City officials to enter into this Agreement with Contractor. Service shall begin on , 2009, for a one year period. The services shall be those as listed in Exhibit"A", a copy of which is attached and incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 Contractor agrees to do everything required by this Agreement and to comply with any and all other provisions in the documents and items incorporated by reference into this Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off-site disposal, which is or may be necessitated by its work. 5 RESOLUTION #2009-032 2.2 Contractor agrees that all work performed under this Agreement shall be done in a professional manner and that Contractor's efforts will produce a quality result. 2.3 Contractor represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and work force sufficient to time) perform the services to be provided b P P YP P Y Contractor pursuant to the terms of this Agreement. 2.4 Contractor represents to City that Contractor is properly licensed by all applicable federal, state and local agencies to provide the services specified under this Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any reason by any governmental agency, Contractor shall notify the City immediately. 2.5 Contractor agrees to conduct all work and services under this Agreement in accordance with all applicable federal, state and local laws and regulations. Contractor will identify all governmental authorities and agencies having jurisdiction to approve work and Contractor agrees to obtain all permits and approvals from any and all such governmental authorities which have jurisdiction. If permitted by the permitting agency, and if City can realize a cost savings by such action, City may authorize the Contractor to seek required permits on behalf of and in the name of City as its Contractor; provided, however, that Contractor agrees to fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and all such permits and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same, the amounts of all permit fees incurred by Contractor in connection with the applications, processing and securing of approvals or permits which are required to be obtained from all governmental authorities which have jurisdiction over any and all aspects of this work, except City permits and fees which shall be waived and except for so much of any fees as to which the City is required to remit to other governmental agencies. 2.6 City's Purchasing and Contracts Coordinator (the "Coordinator"), or her designated representative, will be the person through whom Contractor must communicate all information pertaining to the Agreement. 2.7 Contractor shall guarantee all work against poor workmanship for a period of one year and shall immediately correct any defects which may appear upon written notification by the City's Coordinator or her designated representative. Defective materials shall be warranted to the extent of the manufacturer's applicable warranty. ARTICLE 3 TERMS AND CONDITIONS 3.1 Contractor shall begin to perform the work as and when so directed by the Coordinator. 6 RESOLUTION#2009-032 3.2 The term of this Agreement is one year, subject to the renewal provisions identified in the Invitation to Bid. 3.3 This Agreement may be terminated by City if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice of any deficiency to Contractor and Contractor does not cure such deficiency within five (5) days from the date of such notice. In such event, the Contractor shall be paid compensation for completed work accepted by the Coordinator, if such work meets City's sole and reasonable approval, which approval will not be unreasonably withheld. In the event that the Contractor abandons work specified in this Agreement or causes it to be terminated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to be paid under this Agreement. All finished or unfinished materials, documents and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment, if any, is made to Contractor by City. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 Contractor shall be compensated as specified in the Invitation to Bid, for three (3) days per week of services. 4.2 Payment will be made to Contractor at: La Belle Cleaning Company LLC 25 West Pine Tree Avenue Lake Worth, Florida 33467 4.3 The acceptance of work shall constitute a waiver of all claims by the City except for any or all claims arising from the guarantee in this Agreement and the Invitation to Bid, unsettled liens, lawsuits, deficiencies or faulty work appearing within one (1) year after final payment for such work. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Contractor shall, before any final payment is made by City, provide City copies of releases of all liens from any and all subcontractors, materials' providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Work. Contractor shall then furnish the City a "No Lien Affidavit". Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the work, have been paid in full, and after all guarantees and specifications for products, materials or both incorporated into the Work that appear in this Agreement and as otherwise set forth in the Invitation to Bid have been furnished to and found acceptable by the City. 7 RESOLUTION#2009-032 ARTICLE 5 CHANGES IN SCOPE OF WORK 5.1 City or Contractor may request changes that increase, decrease or otherwise modify the work, as described in this Agreement. These changes may affect the compensation specified above and, if so, they must be described in a written amendment, executed by the authorized agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from the work described in this Agreement without City's advance written consent. ARTICLE 6 PROTECTION OF CITY'S PROPERTY 6.1 At all times during the performance of this Agreement, the Contractor shall protect the City's property and the property of others from all damage whatsoever on account of Contractor's performance of work. ARTICLE 7 INDEMNIFICATION 7.1 Contractor shall indemnify and hold harmless City and the City's officers, employees and agents as specified in the Invitation to Bid. 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the work. If Contractor exposes City to liability for any reason arising out of the work, Contractor's compensation may be withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related to such matters against Contractor's compensation, if any. City will notify Contractor in writing when it determines Contractor may have exposed City to any liability and City will provide a reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required by the City Risk Manager, as specified in the Invitation to Bid and coverages and insurance have been approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to commence work on any subcontract until the subcontractor, as provided in section 13.3, below, and all coverages required of any subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 8 RESOLUTION 42009-032 8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the coverages. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies for coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 Coverages shall be in force until all work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverages for the balance of the period of the Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT. 8.4 The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete any work. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 This Agreement does not create an employee/employer relationship between the parties. Contractor agrees that it is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act, minimum wages' laws and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and exercise its judgment as to the manner and means of carrying out Contractor's activities and responsibilities toward completion of work. Administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level.of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. 9 RESOLUTION#2009-032 ARTICLE 10 DEFAULT OF AGREEMENT AND REMEDIES 10.1 Remedies in Default. In case of any default by Contractor, the City, through City's Coordinator or her designated representative, shall notify the Contractor, in writing, of such default and direct Contractor to comply with all provisions of the Agreement. If Contractor does not timely cure such default of the date after notice was sent by City, City may declare a default of this Agreement and may notify the Contractor of such declaration of default in writing and terminate the Agreement. ARTICLE 11 BANKRUPTCY 11.1 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed and Contractor will automatically be in default of this Agreement and the provisions of Article 10 will be enforced at City's discretion. ARTICLE 12 DISPUTE RESOLUTION 12.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however; that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party. 12.2 Operations During Dispute. 12.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. 10 RESOLUTION #2009-032 12.2.2 Notwithstanding any other provisions in this Agreement, whenever any service provided by the Contractor fails to meet City's reasonable approval, the City will have the right to terminate the Agreement five (5) days after the date when the written notice was sent by City of the deficiency, if Contractor has not cured such deficiency within that time. ARTICLE 13 MISCELLANEOUS 13.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. Further, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply to this Agreement due to the joint contributions to it of both parties. 13.2 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the work, and any expenses for which Contractor may attempt to claim reimbursement. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 13.3 Assignments, Subcontracts and Amendments. This Agreement, and any interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of City. For purposes of this Agreement, any change of ownership of or controlling interest in Contractor shall constitute an assignment which requires City approval. Violation of the terms of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its discretion, cancel this Agreement and all rights of Contractor under this Agreement will terminate. It is further agreed that no modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed by the authorized agents of the parties. 13.4 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, in its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 11 RESOLUTION #2009-032 13.5 Notice. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended. The places for giving of notice shall remain as set forth below until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the City designate the following as the respective persons and places for giving of notice: City: Nanci Denny, Purchasing and Contracts Coordinator City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copies to: City Manager and Thomas J. Ansbro, Esq., City Attorney 100 West Dania Beach Blvd. Dania Beach, FL 33004 Contractor: LaBelle Cleaning Company LLC 25 West Pine Tree Avenue Lake Worth, Florida 33467 13.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the parry for whom he or she is signing, and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 13.7 Headings. Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 13.8 The Invitation to Bid and its provisions referred to in this Agreement form an essential part of this Agreement, are treated as a part of this Agreement and are incorporated into it by this reference. 13.9 Severability. If any provision of this Agreement or application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 13.10 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 12 RESOLUTION #2009-032 13.11 Extent of Agreement. This Agreement represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. 13.12 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 13.13 Conflict. In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this Agreement shall prevail. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED FOR FORM AND COLIN DONNELLY CORRECTNESS: ACTING CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY 13 RESOLUTION#2009-032 CONTRACTOR: LA BELLE CLEANING COMPANY LLC ATTEST: a Florida limited liability company SIGNATURE SIGNATURE PRINT NAME PRINT NAME TITLE STATE OF FLORIDA COUNTY OF BEFORE me on 2009, personally appeared as President of La Belle Cleaning Company, LLC, a Florida limited liability company, who acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. Such person is personally known to me or produced as identification. NOTARY PUBLIC, State of Florida My Commission Expires: 14 RESOLUTION#2009-032