HomeMy WebLinkAbout2015-021CAGREEMENT
BETWEEN OWNER AND CONTRACTOR
CUSTODIAL SERVICES
INDIAN RIVER COUNTY RFP NO. 2015014
DATE:
ITEM NO:
INDEX NC
THIS AGREEMENT for CUSTODIAL SERVICES ("SERVICES"), entered into as
of this 10th day of February , 2015 by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and KeeClean
Management, Inc., ("CONTRACTOR").
BACKGROUND RECITALS:
A. Through the competitive Request for Proposal (RFP) process, the
COUNTY has selected CONTRACTOR to provide custodial services at various facilities
as more ,,ylly set forth in Exhibit 1 (Required Duties and Frequencies) and Exhibit '2
(Contractor's Price Proposal Form) attached to this Agreement and made a part hereof
by this reference.
B. The proposed work consists of scheduled custodial services at County -
owned facilities, as described in the Request for Proposal document (RFP 2015014,
issued on December 1, 2014, "RFP") ("Services").
C. The CONTRACTOR is willing and able to perform the Services for the
COUNTY on the terms and conditions set forth below; and-
D.
nd
D. The COUNTY and the CONTRACTOR wish to enter into this Agreement
for the Contractor's Services for the Project.
NOW THEREFORE, in accordance with the mutual covenants herein contained
and other good and valuable consideration, the receipt and sufficiency, of which are
hereby acknowledged, the parties agree as follows:
1. GENERAL.
1.1 The Background Recitals are true and correct and form a material part of
this Agreement.
1.2 CONTRACTOR will provide services at the following facilities:
Group 3: 43rd Avenue Complex:
Administrative Annex/4305- 4375 43rd Ave., Vero Beach, FL
Emergency Operations Center/4225 43rd Ave., Vero Beach, FL
Traffic Operations Section/4548 41st St., Vero Beach, FL
Sheriff's Administration Buildings (Main, Modular G and Volunteer
Modular)/4141 41st St., Vero Beach, FL
Sheriff's Human Resources (Modular Building)/3885 41st St., Bldg.
A, Vero Beach, FL
Sheriff's Crime Scene Facility/3885 41st St., Vero Beach, FL
Agreement — 1
Sheriff's Mall Office/6200 20th Street (storefront), Vero Beach, FL
2. COUNTY OBLIGATIONS.
2.1 The COUNTY will provide explanation of layout of individual buildings and
familiarization with any restrictions.
2.2 The COUNTY shall provide training for operation of security systems.
2.3 The COUNTY shall provide emergency call list for all facilities.
2.4 The COUNTY shall provide the following supplies for utilization for
restrooms and offices:
a. Paper towels for dispensers
b. Toilet paper
c. Trash can liners
d. Hand soap for dispensers
3. RESPONSIBILITIES OF THE CONTRACTOR.
3.1 The CONTRACTOR agrees to provide the services in accordance with the
scope of the RFP.
3.2 The CONTRACTOR shall, during the entire term of this Agreement,
procure and keep in full force, effect, and good standing any and all necessary licenses,
registrations, certificates, permits, and any and all other authorizations as are required
by local, state, or federal law, in order for the CONTRACTOR to render its Services as
described in this Agreement.
3.3 A list of holidays the service will not be provided for the term of the
Agreement is attached as Exhibit 3.
3.4 The CONTRACTOR shall be responsible for any and all damage to
COUNTY equipment, furnishings and facilities directly attributable to his or her
negligence or cleaning practices.
3.5 CONTRACTOR shall provide all necessary equipment to execute the work
under this Agreement. Such equipment shall be maintained and operated in a safe
manner at all times.
a. Vacuums used shall be equipped with HEPA filters.
CONTRACTOR shall have available a log showing the date and responsible party for
replacing the filter cartridge.
3.6 To insure the safety of the public and the employees of Indian River
County as the occupants of County facilities, it shall be the policy of Indian River County
Agreement — 2
that the use of any chemicals or materials used in the cleaning and maintenance of
County facilities be certified green. If it is determined for sanitary reasons that a non-
green product must be used, then it shall only be utilized at times when the employees
and public are not within the confines of the facilities being cleaned or sanitized.
CONTRACTOR shall provide a list of materials used in their daily cleaning routine and
provide evidence of their certification as being a green product.
3.6 No person shall be excluded from participation in, denied the benefits of,
or otherwise subjected to discrimination in regard to the Services to be performed by
CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and
agree that in connection with the furnishing of Services to the COUNTY, it shall not
discriminate on the basis of race, color or national origin, sex, sexual orientation, gender
identity, age and/or disability. Through the course of providing the Services to the
County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title
VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the
Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines
and standards.
3.7 The CONTRACTOR will cooperate fully with the COUNTY in order that all
work may be properly scheduled and coordinated.
3.8 The CONTRACTOR shall not assign or transfer any work under this
Agreement without the prior written consent of the COUNTY.
4. TERM OF AGREEMENT.
4.1 This Agreement shall remain in effect for a term of one year, unless
otherwise sooner terminated as provided herein. The Initial Term may be extended by
mutual consent of the parties hereto for a maximum two additional one-year terms.
5. COMPENSATION.
5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work.
All payments for services shall be made to the. CONTRACTOR by the COUNTY in
accordance with the Local Government Prompt Payment Act, as may be amended from
time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will
occur.
5.2 Adjustments shall be made to compensation due under any of the
following circumstances:
a. If any work which is scheduled for daily, weekly or monthly
performance is omitted or unsatisfactorily performed, the CONTRACTOR will be
notified in writing of the failure or omission. An adjustment or deduction may be
made from any monies due or to become due the CONTRACTOR. Adjustments
or deductions will be consistent with the per square foot rate for the building the
deficiency occurs and for the period of time the deficiency remains uncorrected.
b. In the instance where room cleaning has not been satisfactorily
performed or portions of the work have been omitted or improperly performed a
deduction will be made for the entire room.
Agreement — 3
•
6. INSURANCE AND INDEMNIFICATION.
6.1 The CONTRACTOR shall not commence work on this Agreement until it
has obtained all insurance required under this Agreement and such insurance has been
approved by the COUNTY's Risk Manager.
6.2 CONTRACTOR shall procure and maintain, for the duration of this
Agreement, the minimum insurance coverage as set forth herein
6.2.1 Workers' Compensation: To meet statutory limits in compliance with the
Workers' Compensation Law of Florida. Thispolicy must include employers' liability
with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000
disease each employee.
6.2.2 General Liability: A per occurrence form policy with a combined single
limit of not less than $1,000,000 general aggregate.
6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and
Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property
damage) of not Tess than $1,000,000/combined single limit (Bodily Injury/Property
Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured
motorist; $100,000/hired/non-owned auto liability.
6.3 Contractor's insurance coverage shall be primary.
6.4 All required insurance policies shall be placed with insurers licensed to do
business in Florida and with a Best's rating of A- VII or better.
6.5 The insurance policies procured shall be occurrence forms, not claims
made policies.
6.6 A certificate of insurance shall be provided to the COUNTY's Risk
Manager for review and approval, ten (10) days prior to commencement of any work
under this Agreement. The COUNTY shall be named as an additional insured on all
policies except workers' compensation and professional liability.
6.7 The insurance companies selected shall send written verification to the
COUNTY's Risk Manager that they will provide 30 days prior written notice to the
COUNTY's Risk Manager of its intent to cancel or modify. any required policies of
insurance.
6.8 The COUNTY, by and through its Risk Manager, reserves the right
periodically to review any and all policies of insurance and to reasonably adjust the
limits of coverage required hereunder, from time to time throughout the term of this
Agreement. In such event, the COUNTY shall provide the CONTRACTOR with
separate written notice of such adjusted limits and CONTRACTOR shall comply within
thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such
additional coverage shall constitute a default by CONTRACTOR and shall be grounds
for termination of this Agreement by the COUNTY.
Agreement — 4
6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and
its officers and employees, from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, arising out of or related to the negligence,
recklessness, or intentionally wrongful conduct of the CONTRACTOR and other
persons employed or utilized by the CONTRACTOR in the performance of this
Agreement.
7. TERMINATION.
7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason,
upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the
CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the
COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be
provided below. In the event of the termination of this Agreement, any liability of one
party to the other arising out of any Services rendered, or for any act or event occurring
prior to the termination, shall not be terminated or released.
7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation
to the CONTRACTOR shall be payment for those portions of satisfactorily completed
work. Such payment shall be determined on the basis of the hours of work performed
by the CONTRACTOR, or the percentage of work completed as estimated by the
CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the
event of such termination, the COUNTY may, without penalty or other obligation to the
CONTRACTOR, elect to employ other persons to perform the same or similar services.
7.3 The obligation to provide services under this Agreement may be
terminated by either party upon seven (7) days prior written notice in the event of
substantial failure by the other party to perform in accordance with the terms of this
Agreement through no fault of the terminating party.
7.4 In the event that the CONTRACTOR merges with another company,
becomes a subsidiary of, or makes any other substantial change in structure, the
COUNTY reserves the right to terminate this Agreement upon 30 days written notice.
7.7 The COUNTY may terminate this Agreement in whole or in part if the
CONTRACTOR submits a false invoice to the COUNTY.
8. MISCELLANOUS PROVISIONS.
8.1 Independent Contractor. It is specifically understood and acknowledged
by the parties hereto that the CONTRACTOR or employees of the Contractor are in no
way to be considered employees of the COUNTY, but are independent contractors
performing solely under the terms of the Agreement and not otherwise.
8.2 Request for Proposals. It is specifically understood and acknowledged by
the parties hereto that all of the requirements set forth in the Request for Proposals
dated December 1, 2014 (including addenda 1 through 3) shall be incorporated
herein.
Agreement — 5
8.3 Merger; Modification. Except as set forth in Section 8.2 above, this
Agreement incorporates and includes all prior and contemporaneous negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein and the parties agree that there are no commitments,
agreements, or understandings of any nature whatsoever concerning the subject matter
of the Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
made in writing and signed by the CONTRACTOR and the COUNTY.
8.4 Governing Law; Venue. This Agreement, including all attachments hereto,
shall be construed according to the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Agreement
shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the
United States District Court for the Southern District of Florida.
8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be
deemed cumulative and additional, and not in lieu or exclusive of each other or of any
other remedy available to either party, at law or in equity. Each right, power and
remedy of the parties provided for in this Agreement shall be cumulative and concurrent
and shall be in addition to every other right, power or remedy provided for in this
Agreement or now or hereafter existing at law or in equity or by statute or otherwise.
The failure of either party to insist upon compliance by the other party with any
obligation, or exercise any remedy, does not waive the right to so in the event of a
continuing or subsequent delinquency or default. A party's waver of one or more.
defaults does not constitute a waver of any other delinquency or default. If any legal
action or other proceeding is brought for the enforcement of this Agreement or because
of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, each party shall bear its own costs.
8.6 Severability. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be held invalid or
unenforceable for the remainder of this Agreement, then the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
8.7 Availability of Funds. The obligations of the COUNTY under this
Agreement are subject to the availability of funds lawfully appropriated for its purpose by
the Board of County Commissioners of Indian River County.
8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's
credit or make it a guarantor of payment or surety for any contract, debt, obligation,
judgment, lien or any form of indebtedness.
Agreement — 6
8.9 Public Records. Indian River County is a public agency subject to Chapter
119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records
Law. Specifically, the CONTRACTOR shall:
8.9.1 Keep and maintain public records that ordinarily and necessarily would be
required by the COUNTY in order to perform the service.
8.9.2 Provide the public with access to public records on the same terms and
conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in chapter 119 or as otherwise provided by law.
8.9.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law.
8.9.4 Meet all requirements for retaining public records and transfer, at no cost,
to the COUNTY all public records in possession of the CONTRACTOR upon termination
of the Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
8.9.5 Failure of the CONTRACTOR to comply with these requirements shall be
a material breach of this Agreement. The CONTRACTOR shall comply with the
provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this
Agreement.
8.10 Notices: Any notice, request, demand, consent, approval, or other
communication required or permitted by this Agreement shall be given or made in
writing and shall be served, as elected by the party giving such notice, by any of the
following methods: (a) Hand delivery to the other party; (b) Delivery by commercial
overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid),
return receipt requested at the addresses of the parties shown below:
County:
Indian River County
Attn: Chris Burr
4305A 43rd Avenue
Vero Beach, FL 32967
Facsimile: (772) 226-3495
Contractor: KeeClean Management, Inc.
Attn: .may Gide&n
3505 Lake Lynda Drive
Suite 200
Orlando, FL 32817
Notices shall be effective when received at the address as specified above.
Facsimile transmission is acceptable notice effective when received, provided,
Agreement — 7
however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on
weekends or holidays, will be deemed received on the next day that is not a weekend
day or a holiday. The original of the notice must additionally be mailed. Either party
may change its address, for the purposes of this section, by written notice to the other
party given in accordance with the provisions of this section.
8.11 Survival. Except as otherwise expressly provided herein, each obligation in
this Agreement to be performed by CONTRACTOR shall survive the termination or
expiration of this Agreement.
8.12 Construction. The headings of the sections of this Agreement are for the
purpose of convenience only, and shall not be deemed to expand, limit, or modify the
provisions contained in such Sections. All pronouns and any variations thereof shall be
deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity
of the party or parties may require. The parties hereby acknowledge and agree that
each was properly represented by counsel and this Agreement was negotiated and
drafted at arm's-length so that the judicial rule of construction to the effect that a legal
document shall be construed against the draftsperson shall be inapplicable to this
Agreement
8.13 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original copy and all of which
shall constitute but one and the same instrument.
8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be
interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity.
Agreement — 8
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the date first written above.
KeeClean Management Inc.
By:
Printed name:
I�e'� -h Jany
Title: Fresticle.14-
Date 2.1 \( (‘5
INDIAN RIVER COUNTY
By its Board of County Commissioners
B
Wesley S. Davis, Chairman
Date Approved by BCC: 2/10/15
ikk
Attest: Jeffrey R. Smith, Clerk of the
Circuit Court and Co m,% roller
By
A
Deputy Clerk
proved:
jr,. .♦
oseph '� . Baird
ounty Administrator
Approved as to form and legal
sufficiency:
ylan Reingold
County Attorney
Agreement — 9
Exhibit
Required Duties and Frequencies
Agreement —10
Required Duties and Frequencies
The following list represents the minimum allowable standards for duties to be covered
by this' service contract. Some buildings may require more frequent attention due to
operating hours/days, traffic or specific use patterns.
Proposals should be provided that ensure that acceptable standards are met and
adjustment to frequencies can be made in order to maintain these standards. The
County shall be the sole determination of acceptable standards.
Minimum Allowable Frequencies
Daily— Offices, Hallways and Common Areas
♦ Empty trash cans; replace liners, police building perimeter for trash
♦ Empty and clean ashtrays and trash receptacles at entrances (big and small)
♦ Clean and sanitize drinking fountains and public telephones
♦ Spot clean walls, doors, trim and switch plates
♦ Clean elevator walls, floors, doors and door tracks
♦ Clean entrance doors and surrounding glass (inside and out).
♦ Empty recycle containers and place materials in designated bins outside the
building
♦ Empty wastebaskets and remove trash from building (replace liners)
♦ Vacuum all floors and corridors (both carpet and tile) throughout building
Daily — Restrooms
♦ Remove Trash
♦ Restock Paper Towels
♦ Restock Toilet Paper
♦ Refill Soap Dispensers
♦ Clean Mirrors
♦ Damp Wipe Counters and Sinks
♦ Sanitize Toilets
♦ Sanitize Urinals
♦ Clean Toilet Partitions
♦ Sweep and Damp Mop Floors
♦ Scrub Floors under Urinals
♦ Clean Stainless with Stainless Cleaner
Agreement —11
Weekly
• Spot clean all floors, including all offices
• Dust all Flat Surfaces
Monthly
• Dust all a/c vents and wall mounted fixtures in all corridors and offices
• Clean mildew off outside metal doors
• Dust all furniture and window ledges
• Damp wipe and sanitize inside and outside of waste receptacles
• Wash and spray buff all vinyl floors in kitchen and elevators
Quarterly
• Strip and wax tile floors
• Dust Tight fixtures, window wills and blinds
Daytime Building Attendants: 16th St. Complex (Judicial Complex and Main Library) and
Administration Complex (Administration Buildings A and B and Health Department)
For Group 1: 16th Street Complex and Group 2: Administrative Complex, the awarded
contractors shall provide and include their submitted monthly cost an employee
(minimum of 6 hours per day) for the purpose of attending to the daytime custodial
needs of specified buildings as a part of this proposal. This person must be able to
speak and understand English.
Attendant Duties:
The attendant position is to supplement the Contractor's work staff by attending to
restrooms and other heavily used public areas while the building is open. The
attendant's duties shall not impede or significantly interfere with the operation of the
building. However, temporary closing of restrooms for cleanup will be allowed.
Examples of other duties:
• Check and refill soap dispensers, toilet paper and paper towel dispensers.
• Cleanup of spills and other emergency type cleaning duties.
• Keep entrance doors and windows clean.
• Empty trash and smoke receptacles at entrances.
• Dust baseboards and conference room furniture when not occupied.
Perform duties outlined in the daily, weekly or quarterly duties that do not adversely
affect the occupants, or visitors to the building.
Agreement — 12
Exhibit 2
Contractor's Submitted Price Proposal Form
Agreement — 13
2015014 RFP for Custodial Services -Addendum 1
PROPOSAL PRICING 2015014 Custodial Services for County Buildings
Proposers may submit pricing on one or more groups, however no company will be awarded more
than one group.
Total
or Group
Facility
Group 3.: Judicial Complex:
Judicial Center
Main Library
Administration Annex S0.1484
Per square foot rate
70
$0.1134
Group 2: Administrative Complex:
County Administration Buildings A & B
Health Department
Page 21 of 22
Annual Amount__
Monthly Amount L
Facility , ---
_ T
Group 1: Judicial Complex:
Center
$ ,,, _
102,108.00
Judicial
Main Library
$ 5,360.00
$
Annex
$ 1,113.3c
$ 15,356.
Administration
for Group 1: Judicial Complex
14,982,00
$ 1”,784.00
Total
Group 2: Administrative Complex:
', 4,- ,,.1•7,:„. .,
County Administration Buildings A & B
, 437.00
$ 137,244,00
Health Department
$ 3.525.00
$ 42,300,150
Total for Group 2: Administrative Complex
$ :1 00
$ 179,544.00
' 4
43rd Avenue Complex
Group 3:
43rd Ave. Administration Annex
$ 1,95'5,00
23 4 0. 0
$ 12,516,00
... ...
Emergency Operations Center
$ 1,043.00
Traffic Operations Center
,i . c4
$ 3.938.00
$
Sheriff's Administration BuiidingS
$3,383.°0
28,856.00
Sheriff's Human Resources (modular)
$ 351.00
5,972. 00
Sheriff's Crime Scene Facility
5 . 0
3,972.00
Mall Office
1 .0
7-268.00
Sheriffs
d—
for Group 3: 43r Avenue Complex
',565,00
$78,780,00
Total
— —.
North County Facilities
Group itl:
$ ....
County Library
$ 1,910.o0
North
$ 329.00 $ 3,948.00
North County Offices
) 114 011 $ 6868.06
Total
or Group
Facility
Group 3.: Judicial Complex:
Judicial Center
Main Library
Administration Annex S0.1484
Per square foot rate
70
$0.1134
Group 2: Administrative Complex:
County Administration Buildings A & B
Health Department
Page 21 of 22
2015014 RFP for Custodial Services -Addendum 1
1 Facility .3 , i-,,,. lv
Per square foot rate
Group 3: 43rd Avenue Complex
43rd Ave, Administration Annex
$ 0.0696
Emergency Operations Center
$ 0.13652
Traffic Operations Center
$ 0.1312
Shehffs Administration Building
$ 0.0639
Sheriff's Human Resources (modular)
$ 0.0662
Sheriff's Crime Scene Facility
0,0736
Sheriff's Mall Office
$ 0.2363
Group 4: North County Facilities
North County Library
0,07:15
North County Offices
OO97
The undersigned hereby certifies that they have read and understand the contents of this solicitation
and agree to furnish at the prices shown above all of the services specified in the RFP document,
subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all
the provisions of this solicitation shall not be cause to alter any resulting contract or request additional
compensation.
KeeClean Management Inc
-
Name of Firm
Authorized Signature
Ptesident
350F; Lake Lynda Drive Su1te 200
Address
Ot-lando, FL 32e17
City, State, Zip Code
( 4)7
Title Phone
12-29-2014
)567
K.rrit':1JonsiKoeCleam.a.:cn
Date Signed E-mail
Page 22 of 22
Exhibit 3
Scheduled Holidays
Agreement —16
The following Holidays will be observed during the initial term of the agreement (March 1, 2015
through February 29, 2016)
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Friday, April 3, 2015
Monday, May 25, 2015
Friday, July 3, 2015
Monday, September 7, 2015
Wednesday, November 11, 2015
Thursday, November 26, 2015
Friday, November 27, 2015
Thursday, December 24, 2015
Friday, December 25, 2015
Friday, January 1, 2016
Agreement — 17