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HomeMy WebLinkAbout2015-045AGREEMENT BETWEEN OWNER AND CONTRACTOR CUSTODIAL SERVICES INDIAN RIVER COUNTY RFP NO. 2015014 /0 3p,0 kc• q_ m / 5 - a's THIS AGREEMENT for CUSTODIAL SERVICES ("SERVICES"), entered into as of this 3rd day of March 2015 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and K's Commercial Cleaning, ("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 fully 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 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 1: 16th Street (Judicial) Complex: Main Library/1600 21st St., Vero Beach, FL Judicial Center/2000 16th Ave., Vero Beach, FL Administrative Annex/1028 20th Place, Vero Beach, FL Agreement — 1 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 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 Agreement — 2 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 This policy 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. Coverage shall include all subcontractors and independent contractors. 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 less 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 Agreement — 4 additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR and its subcontractors and independent contractors 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 Agreement — 5 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 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. Agreement — 6 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. 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. 810 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 Agreement — 7 Contractor. K's Commercial Cleaning Attn Chang P Kwack 9244 Short Chip Circle Port St. Lucie, FL 34986 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, 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 originalof 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 K's Commercial Cleaning By. Printed nam Title. p✓1� Date 2 —/.(Y INDIAN RIVER COUNTY By its Boar. of County Commissioners sley lavis, Chairman Date Approved by BCC. 3/3/15 Attest: Jeffrey ' Smith, Cler. •f Circuit Cou -�d Comptr. By, moi✓ eputy Clerk • pproved: Joseph1A. Baird County Administrator Approved as to form and_ legal sufficiency: ylan Reingold County Attorney Agreement — 9 S�pf1...... f•••�.. { Exhibit 1 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 light 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 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. air Aft1,.. IMIy .+F`:MC,s onO4 ri;;—oun• WINO a61-5 ,ff it406.�nw1s..L :-,'i .v Group 1: Judicial Complex: z e : ' '! ` - j" ++; ll`1" 404-:' $ /1, j ( 6 Judicial Center $ (a 1 0 /),3 $ 1 , ci , ').9-g . 116 Main Library $ S , 4`1 S" . 3y $ '1-N- Cf S'0 • D 43.- .- _ Administration Annex $ 145, G o $ 01 14-o , , 0 Health Department Total for Group 1: Judicial Complex $ ((, , cis -4. , 0,3' $ .;,b9, t( -L{-:. Cl 6 Group 2: Administrative Complex:,..'}, Ala - M _011. ,,,,f.T.45" 4 County Administration Buildings A & B $ $ Health Department $ $ Total for Group 2: Administrative Complex $ $ Group 3: 43`d Avenue Complex ri' `" i 43rd Ave. Administration Annex $ $ Emergency Operations Center $ $ Traffic Operations Center $ $ Sheriff's Administration Buildings $ $ Sheriff's Human Resources (modular) $ $ Sheriffs Crime Scene Facility $ $ Total for Group 3: 43'd Avenue Complex $ $ Group 4: North County Facilities4"''a' p ",0 1 ,; ,' . :Olt.' • ; * ,. ,, North County Library $ $ North County Offices $ $ Total for Group 4: North County Facilities $ $ WHINpq;( ii , T ' JiP} 4 1 }fil igers�areNoe o "_ ` Group 1: Judicial Complex: `,,. ` N Judicial Center $ 0 ,0 9 0 Main Library $ /1, j ( 6 Administration Annex $ p, 0,4 Group 2: Administrative Complex: T•,- 43.- .- _ A. .."_ ,"r �>. ! n County Administration Buildings A & B $ Health Department $ Page 21 of 22 j 2015014 RFP for Custodial Services -EiOxa.w r--1--*--1--*,§ UtL,.:; - Fv x eti eaTtate j: Group 3: 43`d Avenue Complex TOM, WORM 43rd Ave. Administration Annex $ Emergency Operations Center $ Traffic Operations Center $ Sheriff's Administration Building $ Sheriff's Human Resources (modular) $ Sheriff's Crime Scene Facility $ Group 4: North County Facilities Mit : . - `' .:- North County Library $ North County Offices $ 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. (:ryr 2 61P6013', -1c1 i^CTd ��- 5311014 Chip c (9 - Name of Firm / Address City, State, Zip Code (f)I )ef' =alrb Title Phone o)6 k -I3 -34 - MOL Goivt E-mail Date Signed 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