HomeMy WebLinkAbout2018-046AAgreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Kwack's Inc.,
DBA K's Commercial Cleaning (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
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 2018018, issued on November 15, 2017, "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
Judicial Complex
Judicial Center, 2000 16th Ave., Vero Beach, FL
Main Library, 1600 21St St., 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.
Z.4The COUNTY shall provide the following supplies for utilization for res rnonaandoffices:
a. Paper towels for dispensers
b. Toilet paper
c. Trash can liners
d. Hand soap for dispensers
3. RESPONSIBILITIES DFTHE CONTRACTOR,
3.1 The CONTRACTOR agrees to provide the services in accordance with the scope.of the RFPI.
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 th6 CONTRACTOR to render
its Services asdescribed, inthis Agreement.
3.3 A list of holidays the service will not be provided for the term of the Agreement is attached as Exhibit
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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, HEPAfilters. CONTRACTOR shall have available a log
showing the date and responsible party for replacing the filter cartridge.
3.6 To insure the safety ofthe public and the employees of Indian River County as the occupants of
[ountyfad(ities, it shall be the policy of Indian River County that the use of any chemicals or materials used
inthe cleaning and maintenance ofCounty facilities becertified green.
If it isdetermined 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 ofthe facilities being cleaned �rsan�ized. CONTRACTOR shaUprovide akstnf
materials used in their daily cleaning routine and provide evidence of their certification as being a green
product.
3.7 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 V1 of the Civil Rights Actof1964,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.
3.8 The CONTRACTOR will cooperate fully with the COUNTY inorder that all work may be properly
3.9 The CONTRACTOR shall not assign or transfer any work under this Agreement vvbhuu¢ the phor,
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.
S. COMPENSATION -
5.1 CONTRACTOR shall bill the COUNTY monthly, after completion ofwork. All payments for services
shall bemade tothe 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 iidvance
orprepayment will occur.
52 Adjustments shall be made to compensation due under any of the following circumstances:
a. ifany work which bscheduled for daily, weekly ormonthly performance isomitted orunsatisfactorily
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 forthe building the deficiency occurs and for the
period oftime 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.
6 INSURANCE AND INDEMNIFICATION.
6.1 The CONTRACTOR shall not commence work onthis Agreement until it has obtained all insurance
required under this Agreement and such insurance has been approved by the COUNTY" Risk Manager.
6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum
insurance coverage asset forth herein
6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers'
Compensation Law ofFlorida. This policy must include employers' liability with alimit $1,000,00for each
accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a
waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the
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6.2.2 General Liability: A per occurrence form pokcy, including Premise *Operations, Independent
Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad
Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less
than $1,000,000 general aggregate to include prod ucts/com pleted operations, personal injury/advertising
liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability
Policy (Umbrella).
6.2.3 Business Automobile Liability: Coverage shall -include Owned vehicles and Hired/Non-Owned
$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. Limits can be
layered with Excess Liability Policy (Umbrella).
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.
6.9 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 ofsatisfactorily 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.
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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. bythe other party to perform in
accordance with the terms of this Agreement through no fault of the terminating party.
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7.4 In the event that the CONTRACTOR merges with another company, becomes a suboidiaryot or
makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement
upon 3Odays written notice.
7.5 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false
invoice to the COUNTY.
8. M|SCELLANOUSPROVB0NS
8.1 independent Contractor. bisspecifically understood and acknowledged bythe parties hereto that
the CONTRACTOR or employees -of the Contractor are in noway 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. I t 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 ]) shall beincorporated herein.
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8.3 Merger; Modification. Except as set forth inSection OL2above, 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 t1hene are no
commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of
the Agreement thatarenotcontainedinthbdocument. Accordingly, it isagreed that nndeviation from the
terms hereof shall be predicated upon any prior orcontemporaneous representations or agreements,
whether oral orwritten, No alteration, change, or modification of the terms of this Agreement shall be valid
unless made inwriting and signed bythe 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 U nited States District Court for the Southern District ofFlorida.
. .
83 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
o,\nequity. Each right, power and remedy ofthe parties provided for |nthis Agreement shall becumulative
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 failureofeither party toinsist
upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right
tosointhe event ofacontinuing nrsubsequent delinquency or default. Aparty's waver of -one nrmore
defaults does not constitute a vxaiverofany other delinquency or default. If any |eQo| action or other
proceeding is brought
for the enforcement of this Agreement or because of an alleged dispute, breach,
default or misrepresentation in connection w.ith'any provisions of this Agreement, each party shall bear its
own costs.
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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 nfthis 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 ufthis Agreement
shall 6edeemed valid and enforceable tothe extent permitted bylaw.
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 ken or any form of
8.9 Notices: Any notice, request demand, consent, approval, orother 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, byany ufthe following methods: (m) Hand, delivery tothe other party; (b)Delivery by
commercial overnight courier service.; or (c) Mailed. by registered or certified mail (postage prepaid), return
receipt requested atthe addresses ofthe par -ties shown below:
[ounty Indian River County
Attn: Chuck Belcher
43O5A43rdAvenue
Vero Beach, FL32967
Facsimile: (772)J26'3495
Contractor: K's Commercial Cleaning
Attn: Chang PuKwack
9244Short Chip Circle
Port Saint Lucie, FL34g86
Notices shall beeffective when received atthe address asspecified above. Email transmission isacceptable
notice effective when received, provided, however, that emaibreceivedafter5:OUp.m.oronwmekendsor
holidays, will be, deemed received on the next day that is not a weekend day ora holiday. The original of
the'nuticemust additionally bemailed. Either party may change its address, for the purposes ofthis section,
by written notice to the other party given in accordance with the provisions of this section.
8.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be
performed by CONTRACTOR �hall survive the termination or expiration of this Agreement.
8.11 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 properIV 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 beinapplicable tothis Agreement
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8.12 Counterparts. This Agreement may be executed inone ormore counterparts, each of which
shall be deemed to be an original copy and all of which shall constitute but one and the same instrument.
8.13 Sovereign Immunity.' Nothing in this Agreement is intended to, or shall be interpreted to,
constitute a waiver or limitation of the'COUNTYs sovereign immunity.
9.CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist ofthe following:
(1) This Agreement (pages 1tu16_,inclusive ofreferenced exhibbs);
(2) Certiiicate(s) of Liability Insurance
(3)Request for Proposals Z8180lD '
(4)Addenda (numbers I to 3 ,indusive);
(S) CONTRACTOR'S Submitted Proposal;
(6)Drug Free Workplace Form (pages 23 to23 inclusive)
(7)Sworn Statement UnderSection1US.08 Indian River County Code, onDisclosure ofRelationships
(pages 20 Jo 21 , inclusive);
(8)The following which may bede|�eredorissued onorafter the Effective Date.ofthe Agreement
and are not attached hereto:
a) Written Amenclme�s'�- '
b) Work Change Directives;
d Change Order(s).
I0.Public Records Compliance
A. 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:
(l) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian ofPublic Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time atacost that does not. exceed the cost provided inChapter 118nrasotherwise provided by
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(]) 'Ensure'that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records tothe County. ,
(4) Upon completion ofthe contract, transfer, atnocost, tothe County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. if the Contractor transfers all public records to the County upon completion
of the contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining pub|icnacords. All records stored electronically must be provided to
the County, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems ofthe County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
(772) 226-1424
Indian River County Office of the CoQ—'y Attorney
27 th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach, of this
Agreement.
11. Federal Clauses
11.01 OWNER and.CONTRACTOR will adhere to the following, as applicable to this work:
A. Compliance with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
-contractwork which, may require orinvolve the employment of laborers or mechanics shall.
require or permit.any such laborer or mechanic in any w orkweek in which he or she is employed
nnsuchvvorktoworkinexuessoffortyhuuoinsJchvvnrkvveekun|esssuch|abnnerormechanic
receives compensation at a rate not less than one and one-half times the basic rate nfpay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event ofany violation of the
clause set forth inparagraph (l)ufthis section the contractor andanysubcontractorresponsib}e
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (ih the case of work done under *contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damage* sha|| be computed with, respect to each individual laborer or mechanic, including,
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watchmen and guards employed in violation ofthe clause set forth in paragraph (1) of this
section, in the sum of $10 for. each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set fort.h in paragraph (1) of this sec tion. `
(3) Withholding for unpaid wages and liquidated damages. OWNER shall upon its own action* or
upon written request of an authorized representative of the Department'of.Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor
or subcontractor under any,such contract orany other Federal contract with the same prime
contractor, or any other federally -assisted contractsubject to the Contract Work Hours and Safety
Standards Act, which is held bythe same prime contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages asprovided inthe clause set forth inparagraph (3)ofthis section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
B.Clean Air Act:
(1)The contractor agrees tu comply with all applicable standards, orders or regulations issued
pursuant tothe Clean Air Act, asamended, 4ZU.SI. §7401etseq.
(2) The contractor agrees toreport each violation tothe OWNER and understands and agrees that
the OWNER will, in turn, report each violation as required to assure notification tothe State of
Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office, asappropriate. ^
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed inwhole orinpart with Federal assistance provided byFEMA.
Federal Water Pollution Control Act:
(1)The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to ihe Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the OWNER and understands and agrees that
the OWNER will, in turn, report each violation as required toassure notification tothe State of
Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection
Agency Regional Office, asapplicable.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed inwhole orinpart with Federal assistance provided byFEMA.
C. Energy Policy and Conservation Act —The Contractor agrees to comply with mandatory
standards and policies relating tnenergy eff idencywhich are contained inthe state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act.
[lSuspension andbebernmemt
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such the contractor is required to verify that none of the contractor, its principals (defined at Z
C.F.R. § 180.995), or its affiliates (defined atZC.F.R. § 180.905) are excluded (defined otZ[.F.K.
y180.940)ordisqualified (defined st2LF.R.§18O.9]5).
(2) The contractor must comply with 2[F.R.pt. 1D8 subpa/t[andI[F.R.pt.]O00 subpart
and must include a requirement to comply with these regulations in any lower tier covered
transaction itenters into.
(3)This certification isa material representation offact relied upon by Indian River County. |fitis
later determined that the contractor did not comply with Z C.F.R. pt. 180, subpart [and Z C.F.R.
pt. 3000, subpart[, in addition to remedies available to1he.3tate of Florida and Indian River
County, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. '
| with h i f� C.F.R. 180subpart[
(4}The�bidderorproposera0reeutocompyxvt thept. ,
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance inits lower tier covered transactions.
E. Procurement of ReredMatehab:
(1) In the performance of this contract, the. Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired--`
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(i) [onope1hkek/ 'within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(i|i)Ata reasonable price.
(2). Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines we b site, . The list of EPA -designate items is available at
F. Access toRecords: The following access torecords requirements apply tothis contract:
(1) The contractor agrees to provide |ndian River County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any ofthe foregoing parties to reproduce by any means
whatsoever ortocopy excerpts and transcriptions asreasonably needed.
(3)The contractor agrees to provide the FEMA Administrator or his authorized representatives
accesoto'cunstruction, orother work sites pertaining to the work being completed under the
contract.
E DHS Seal, Logo, and Flags: The contractor shall not use Department of Homeland Security (DHS)
seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific
FEMA pre -approval.
H. Compliance with Federal Law, Regulations; and Executive Orders: This is an acknowledgement
that FEMA financial assistance will beused tofund the contract only. The contractor wii\compky
will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and
i No Obligation by Federal Government.: The Federal Government is not a party to this contract and
is not subjectto anyo6|\Bations or UabU�iestothe non -Federal entity,�contractor, or any other
party pertaining to any matter resulting from the contract.
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J.: Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
K. Affirmative Steps: CONTRACTOR shall take the following affirmative steps to ensure minority.
business, women's business enterprises and labor surplus area firms are used when possible:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists.
(2) Ensuring that small and minority businesses,.and women's business enterprises are
solicited whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to. permit maximum participation by small and minority businesses, and women's business
enterprises.
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises.
(5) Using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart, each has been delivered ,to:PWNER-:and CONTRACTOR. All portions of the Contract Documents -
have been, signed. or identified -by OWNER and CONTRACTOR or on their behalf:.
This Agreement will be effective on March 6 2018 (the date.: the Agreement Is
approvedby the Indian. River, County Board, .pf.,Cou.nt h
County Commissioners,.which whip is the Effective Date of the
Agreement).
OWNER,
INDIAN RIVER COUNTY
By;
APPROVED
By:
Jeffrey R. Smith,
Attest.'
CONTRACTOR:....
(CORPORATE SEAL)
License No. 4100406o
(Where applicable)
(SEAL) Agent for, service of process:
Designated Representative:
Chuck Belcher
Facilities Manager
4305A 43rd Avenue
Vero Beach, FL 32967
(772) 226-3490
cbetcher@ircgov.com
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Designated Representative:
e &�meimr,5j
tt
Name: K
Title., Owner—
Address:
qr�Lg Sbol-f ck-e
P6 rf $f L46 C
R
Phone: 08a_!io _-PRI&
Email: -A 12 / ao Lk-'@'
(If CONTRACTOR is a corporation or a partnership;
attach evidence of authority to sign.)
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Thefo|lowing\ist represents the minimum allowable standards for duties tobecovered ��b
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service contract. Some buildings may require more frequent attention due to operating
hours/6ays, traffic or specific use patterns. 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
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Empty and clean ashtrays and trash receptacles atentrances (big and small)
° Clean and sanitize drinking 6muntainsandpublic 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
Dai|y—Restroonns
° Remove Trash
• Restock Paper Towels
° Restock Toilet Paper
° Refill Soap Dispensers.
° Clean Mirrors -
° Damp Wipe Counters and Shnks
° Sanitize Toilets
° Sanitize Urinals
° Clean Toilet Partitions
° Sweep and Damp Mop Floors
°
Scrub Floors under Urna|s
°
Clean Stain|essvvithStain\ess Cleaner
Weekly '
°
Spot clean all floors, including all offices
°
Dust all Flat Surfaces
Monthly '
° Dust all a/c vents and wall mounted fixtures inall corridors and offices
° Clean mildew
off outside nneta|dOoro
°
Dust all furniture and window ledges
°
Damp wipe and sanitize inside and outside nfwaste receptacles
°
Wash and spray buff all viny|floors inkitchen and elevators
Quarterly
' .
° Strip and wax tile floors '
• Dust light fixtures, window sills and blinds
13
Daytime Building Attendants: 16th St. and Main Library),
For Group 1, the awarded contractor 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 ofspecified 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 bvattending 10 restruorns
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 ofother duties:
°
Check and refill soap dispensers, toilet paper and paper towel dispensers.
°
Cleanup ofspills and other emergency type cleaning duties.
°
Keep entrance doors and windows clean.
°
Empty trash and smoke receptacles atentrances.
°
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, orvisitors tothe building.
14
Exhibit 2
Contractor's Submitted Price Proposal Form
15
2018018, RFP for Custodial Sery - ices
PROPOSAL PRICING -7 2015014 Custodial Se,r'vices for County Buildings
Proposers may submit phdbB on, one or. more groups, however no connpinyvWU be awarded more
than one group,
F aClr
Mon
Group 1: Judicial Complex -
Judicial Center
$lD,9q6,Q
$/2916"�T
Main Library
-iota]
$
for Group 1: Judicial Complex
Group 2: Administrative Complex Excluding Tax
Collectors Office:
Health Department
Total for Group 2: Administrative Complex ExclLijing
Tax Collector's Office
$
Group 3: 43 d Avenue'Cornplex
43rd Ave. Administration Annex
$
$
Emergency Operations Center.
$
Traffic Operations Center
$
$
Sheriff's Administration, Buildings
$
$
Sheriff's Crime Scene Facility
$
$
Hangar
$
$
-Sheriff's
Sheriff's Mall Office
$
Totaffor Group 3: 43,d Avenue Complex
$
Group 4: North County Utbrary
North County Library,
$
$
Total for Group 4: North County Library,
$
$
Group 5: Tax Collector FaciDties
North County Offices
$
-Total for Group 5: Tax Collector Facilities
$
Page Z4of4U
2018018 RFP for Custodial Services
Fa:c'ility:.;: ::'.:' :'::-:::;,.:.:>:.:..,`.'.':' ;..P.er<square'footsra:te`:..;
,
Group 1: Judicial Complex:
Judicial Center
$ d
Main Library''
$
Group 2: Administrative Complex:,
_ County Administration Buildings A & B'
$
Health Department
$
Group 3: 43`d Avenue Complex
.5, `" "` `'•
43rd Ave. Administration Annex
$
Emergency Operations Center.
$
Traffic Operations Center
$
Sheriff's Administration Building
$
Sheriff's Human Resources (modular)
$
Sheriff's Crime Scene Facility
$
Sheriff's Mall Office .
$
Group.4: North County Facilities
N North County Library
$
.Group 5: Tax Collector Facilities
North County Offices
$
'Vero Beach Tax Collector Office
$
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 contra' ct.or request additional
compensation.
i
cz-.1 CieR-)i y'
Name of R m
Authorized Sig ure
Title
�C.G,
Date Signed
C1au L� Sh0 i~t Cil T i—
Address
614 .mac -mt Liae. FL ._f� t (,
City, State, Zip Code .
LIM a) q� I- - aq j
Phone
- 'VO -►C) oc.,
E-mail d
Page 25 of 40 .
Exhibit 3 — Scheduled Holidays
The following Holidays will be observed during the initial term of the agreement (March 1, 2018
through February 29, 2019)
Holiday County Observance
Good Friday
Friday, March 30, 2018
Memorial Day
Monday, May 28, 2018
Independence Day
Wednesday, July 4, 2018
Labor Day.
Monday, September. 3, 2018
Veterans Day
Monday, November 12, 2018
Thanksgiving Day
Thursday, November 22, 2018 .
Day after Thanksgiving,
Friday, November 23, 2018
Christmas Eve
Monday, December 24, 2018
Christmas Day
Tuesday, December 25, 2018
New Year's Day
Tuesday,'January 1, 2019
Martin Luther King Jr. Day
Monday, January 21, 2019*
*(tentative — pending CY 2019 holiday calendar approval by BCC)
It: