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Res No 112-21-15732RESOLUTION NO. 112-21-15732 A Resolution authorizing the City Manager to negotiate and enter into a multi- year agreement with Clean Space Inc. for janitorial services for all City facilities. WHEREAS, a selection committee, comprised of Chairperson Quentin Pough, Parks and Recreation Director; John Reese Superintendent Public Works; and Captain John Barzola, South Miami Police department reviewed all proposals for Janitorial Services on October 8, 2020. WHEREAS, the committee recommended the highest ranked respondent High Source, Inc. for the award. However, on February 24,2021, High Source Inc. requested to terminate services, and with the City's agreement, services terminated March 25,2021. The City entered into a Month -to -Month 30-day agreement with the next highest ranked proposer, Clean Space Inc, effective March 26,2021. Clean Space Inc. has been providing janitorial services since that date. However, the Month -to -Month 30-day agreement will terminate September 30,2021; and WHEREAS, it is recommended Clean Space Inc. be awarded a multi -year agreement effective October 1, 2021, in accordance with the terms identified in the RFP; three-year agreement, with one, two-year renewal, for a total of five -consecutive years; and WHEREAS, the proposal amount is not to exceed $259,015 over 5 years for janitorial services beginning October 11 2021. The expenditure shall be charged to Building and Maintenance Contractual Services, account number 0011710-5193450 with a current balance of $9,871. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to negotiate and enter into a multi -year agreement with Clean Space, Inc. for janitorial services for all city facilities. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon adoption. Pagel of 2 Res. No. 112-21-15732 PASSED AND ADOPTED this 711 day of September, 2021. ATTEST: A READ AND APPROVED AS TO FORM, APPROVED: MAYOR COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 Agenda item No:15. City Commission Agenda Item Report Meeting Date: September 7, 2021 Submitted by: Andrea Gaitan Submitting Department: Public Works & Engineering Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a multi -year agreement with Clean Space, Inc. for janitorial services for all City facilities. 3/5 (City Manager -Public Works Dept.) Suggested Action: Attachments: CM fMemo Janitorial_Clean_Space_8.10.21_003 3 1_.docx Clean_Space_FReso_FY-_2021_ (2).docx Proposal Summary Janitorial Svcs.pdf FINAL SCORE SHEETS10.28.20.pdf RFP JANITORIAL SERVICES 8.31.20CArev.pdf Termination of Service High Sources.pdf SouthfMiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager DATE: September 7, 2021 SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a multi -year agreement with Clean Space Inc. for janitorial services for all City facilities. BACKGROUND: The City issued a Request for Proposals on August 31, 2020 for "Janitorial Services" for all City facilities and buildings. Nine submittals were received: I. High Sources, Inc. 2. Comet Cleaning Systems, Inc. 3. Clean Space, Inc. 4. PSM Facility Solutions, (Non -Responsive) S. MCJ Professional Cleaning Services 6. Ameri Plus Cleaning Services 7. SFM Services, Inc. 8. Integrity Janitorial Service Corp 9. Brian Ross/StarBlast A selection committee, comprised of Chairperson Quentin Pough, Parks and Recreation Director; John Reese Superintendent Public Works; and, Captain John Barzola, South Miami Police Department reviewed each proposal on October 8, 2020 and identified a "short list" of respondents for oral interviews, One respondent, PSM, was determined to be non- responsive. Respondents selected for oral interviews were High Sources, Clean Space, Comet Cleaning, Ameri Plus, and SFM. Interviews were held on October 28, 2020. The committee recommended the highest ranked respondent, High Sources, Inc. for the award. The combined Final Rankings are below: Evaluator Amer Plus Clean Space Comet Clean High Sources SFM Quentin Pough 72 78 55 90 63 John Reese 69 79 60 80 78 John Barzola 80 90 50 95 100 TOTAL 221 247 165 265 241 RANK 4 2 S 1 1 1 3 E South(et i am i THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM High Sources Inc. was awarded the contract in accordance with Resolution 166-20-15606 dated November 17, 2020 and commenced service in January 2021. However, on February 24, 2021, High Sources Inc. requested to terminate services, and with the City's agreement, service terminated March 25, 2021. Janitorial services are an important and necessary function for the overall appearance and cleanness of all City facilities. Therefore, to ensure there was no interruption in janitorial services, the City entered into a Month - to -Month 30-day agreement with the next highest ranked proposer, Clean Space, Inc. effective March 26, 2021. Clean Space Inc. has been providing janitorial services since that date however, the Month -to -Month 30-day agreement will terminate September 30, 2021. During the Month -to -Month 30-day agreement, the City has had the opportunity to experience the service provided by Clean Space, their staffs attention to detail and overall responsiveness and have determined the service provided is more than satisfactory. Therefore, to ensure the City maintains adequate janitorial services, it is recommended Clean Space Inc. be awarded a multi -year agreement effective October 1, 2021, in accordance with the terms identified in the RFP; three-year agreement, with one, two-year renewal, for a total of five -consecutive years. YEAR RFP ANNUAL AMOUNT YEAR 1 $50,580 YEAR 2 $50,580 YEAR 3 $52,097 YEAR 4 $52,097 YEAR 5 $53,661 TOTAL $259,015 Account: The total expenditure shall be charged to account number 001 1710-5193450, with a current balance of $9,871. ATTACHMENTS: Resolution Proposal Summary Selection Committee Final Scores RFP, Janitorial Services Resolution 166-20-15606 Termination of Services, High Sources, Inc. 3 EXHIBIT 4 SERVICE AGREEMENT JANITORIAL SERVICES RFP #PW2020-20 THIS CONTRACT, entered into this I day of OCTOBER, 2021, by the CITY OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. E-mail: skamali(a).southmiamifl.gov and CLEAN SPACE. INC., with an office and principal place of business located at 3764 NW 124"' Avenue, Coral Springs, FI 33065, and E-mail address of mg(a)cleanspaceonline.com: and Facsimile transmission number of 561-586-1720 (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY needs JANITORIAL SERVICES and desires to retain CONTRACTOR to provide the required goods and services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set forth in CONTRACTOR'S Bid Form and Cost & Technical Proposal which are attached as Exhibit 3 and Exhibit 4, respectively, to this Agreement, the CITY hereby retains CONTRACTOR to provide the goods and services set forth in said proposal, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). 2) Contract Documents: The Contract Documents include this Contract and the following documents, as well as any attachments or exhibits that are made a part of any of those documents Scope of Services, (EXHIBIT 1, Attachments A, B, C, & D) CITY's Insurance & Indemnification Requirements, EXHIBIT 2 Respondent's Bid Form, EXHIBIT 3 Respondent's Cost & Technical Proposal EXHIBIT 4 This Contract, the Scope of Services, (EXHIBIT 1, Attachments A, B, C, & D) and the CITY's Insurance & Indemnification Requirements (EXHIBIT 2) take precedence over the CONTRACTOR's Respondents Bid Form, EXHIBIT 3 and CONTRACTOR'S Respondent's Cost & Technical Proposal EXHIBIT 4. 3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on the date specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. This AGREEMENT does not confer on the CONTRACTOR any exclusive right to perform work on behalf of the City other than the work described in the Scope of Services, nor does it obligate the City in any manner to guarantee work for the CONTRACTOR. 33 of 84 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who will be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: Matt Guinco_e-mail: mg(cDcleanspaceonline.com; Fax: 561/586-1720 Street Address: 3764 NW 124'" Avenue, Coral Springs, FI 33065. 5) Scope of Services: The goods and services to be provided are as set forth in the Scope of Services, (EXHIBIT 1, Attachments A, B, C, & D) 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract, (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR's Respondents Bid Form, EXHIBIT 3 and Cost & Technical Proposal, EXHIBIT 4, or as amended by mutual consent of the City and Contractor. The CITY will make monthly payments for all authorized WORK performed during the previous calendar month following the receipt of CONTRACTOR's invoice, but only for the work performed. 7) Time Provisions: The term of this Contract will commence on the Work Commencement Date and will continue for three (3) years and the Contract may be extended by an additional two (2) year period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto, this Agreement may not exceed a total term of five (5) years, including any extensions thereto. 8) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice and, in such case, the termination effective date will be the 3 1 " day following receipt of the notice of termination. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. If the CITY terminates the Contract without cause, the CONTRACTOR is entitled to be compensated for the work performed up to the effective date of termination. 9) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings is in Miami -Dade County, Florida. I O)Duties and Responsibilities: CONTRACTOR must comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and services to be performed hereunder and may not commit any trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and clause required by law to be inserted in, or made part of, this Contract will be deemed to be inserted herein and this Contract will be read and enforced as though such provisions and/or clauses were included herein. All services must be performed by the CONTRACTOR to the satisfaction of the City Manager or manager's designee, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value. The City's decisions upon all claims, questions, and disputes will be final, conclusive, and binding upon the parties unless such determination is clearly arbitrary or unreasonable. 34 of 84 )Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 12)Licenses and Certifications: Contractor must secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 13)lnsurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. The terms of indemnification set forth in the Contract Documents survive the termination or expiration of this Agreement. 14)Jury Trial Waiver: The parties waive their right to jury trial regarding any dispute arising out of this Agreement. S)Entire Agreement, Modification, and Non -waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 16)Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.1 19.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project and must: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) 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 CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 35 of 84 IF 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 CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 17)Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR must prevent all its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement will constitute a substantial breach of this Contract. 18)Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 19)Transfer and Assignment. None of the work or services under this Contract may be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 20) Unauthorized Aliens: The employment of unauthorized aliens by the is considered a violation of Federal Law. If the CONTRACTOR knowingly employs unauthorized aliens, such violation will be cause for immediate termination of this Agreement. This applies to any sub -contractors. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or valid green card for each person employed in the performance of the Work including persons employed by as independent contractors. By reserving this right, the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and regulations. 21) Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to CONTRACTOR or its assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any project(s) will be awarded to any CONTRACTOR. 22) Most Favored Public Entity. CONTRACTOR represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable cuantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same prices to City. 23)Notices. All notices given or required under this Contract will be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and 36 of 84 facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail will be deemed received on the date that the mail is returned to sender. 24)Indemnification. In the event that any of the contract documents provide for indemnification, nothing contained therein may imply that the City has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein will be null and void and of no force or effect. 25)Severability. If any term or provision of this Agreement are to any extent be held invalid or unenforceable, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforceable to the fullest extent permitted by law. This Agreement may be amended by a court of competent jurisdiction to harmonize the remaining provisions following such finding of invalidity or unenforceability. 26)Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of the term of the Agreement, will survive termination of the Agreement, will remain in full force and effect unless and until the terms or conditions are completed and will be fully enforceable by either party. 27)E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Contractor and all subcontractors must comply with and be bound by the following: (a) Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement; (b) The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(I ), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above; (f) Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section; and 37 of 84 (g) Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. W' essed: E�j//��-a¢usCL�icu2[>e !/Jessica junco. President [print name of witness] ATTESTED: By: ti l Nke a A. Pa e, CMC City Clerk . Read and Approved as to Form, Language, Legality and Execution Thereof: By: C'* Attorney Clean Space, Inc. Matt Giunco CITY OF SOUTH MIAMI By:�a6L Shari, Kama i, City Manager END OF SECTION 38 of 84 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A JANITORIAL SERVICES RFP #PW2020-20 I. General Requirements: The City of South Miami is seeking proposals from experienced and capable parties to provide janitorial services for all City facilities and buildings. The Contractor must furnish all material, labor, supplies and equipment necessary to perform all operations in connection with daily janitorial services for the City of South Miami. The term of this agreement will be for a period of three -years (3), with one (1) two-year (2) Option -to -Renew from the date of execution of the agreement between the City and Contractor at the discretion of the City Manager. II. Site Specifications and Location: Please refer to Exhibit 1, Attachment B, "Janitorial Service Locations Matrix," and Exhibit C, "Photographs of Floor Types in Service Areas," for details of each facility identified for this project; including estimated Square Feet, Restrooms, Appliances, Sinks and Counters, Windows and Water Fountains. City facilities and addresses are described as: • Sylva Martin and Porch; City Hall (I" & 2"d Floor); Police Department (1" & 2"d Floor) — 6130 Sunset Drive, South Miami, FI 33143 • Community Center — 5800 SW 66 Street, South Miami, FL 33143 • Marshall Williamson building, commonly known as Mobley building — 5825 Southwest 68' Street, South Miami, FL 33143 • Senior Citizens Center — 6701 SW 62 Avenue, South Miami, FI 33143 • Public Works - 4795 SW 75 Avenue, Miami, FI 33155 III. Responsibilities of the Parties: Contractor: The Contractor must perform all duties and provide the required material, labor, supplies and equipment as identified below: 39 of 84 OFFICES -Daily Service I . Empty all waste receptacles, removing waste to designated area for disposal, and replace plastic liners. 2. Empty and damp wipe garbage receptacles. 3. Dust and spot clean all desktops and counter tops. 4. Dust all horizontal surfaces of desks, chairs, tables and office equipment. 5. Dust all exposed filing cabinets, bookcases and shelves. 6. Dust all horizontal surfaces of equipment, ledges, and sills, shelves, ventilating louvers, frames, partitions, etc. 7. Clean and sanitize all drink fountains. 8. Remove cobwebs from walls and ceilings. 9. Spot wash glass surfaces (including windows), doors, frames, kick and push plates, handles, light switches, baseboards, and similar surfaces. All surfaces will be cleaned with the utmost care. 10. Vacuum clean all exposed carpeting, minimum 3 times per week. 11. Inspect carpet for spots and stains, remove where possible. 12. Dust mop or sweep all non -carpeted floors thoroughly using a chemically treated mop. 13. Mop uncarpeted floors as needed, minimum 3 times per week. 14. Spot clean spills with a damp mop. I5. Before leaving any office, shut off lights, electrical appliances, and shut door(s) 16. Remove fingerprints and smudges from all walls. 17. Report all burned out lights. 18. Detail and clean all kitchen, counter tops, or lunchroom areas. 19. Clean Stairs daily, where applicable. OFFICES -Weekly Service 1. Dust all ledges, wall moldings, pictures, shelves, and other surfaces above [hand height]. 2. Brush down and clean all vents and grills 3. Clean all baseboards. 4. Dust all light fixtures and covers. S. Clean all ground level windows and glass partitions OFFICES -Monthly Service (Community Center Only) 1. Wax and buff floors. OFFICES-Ouarterly Service 1. Dust and clean or vacuum all drapes and blinds. 40 of 84 2. Detail and vacuum chairs and upholstered furniture. 3. Dust and clean all light fixtures and covers. 4. Scrub and wax vinyl floors. BI-ANNUAL SERVICE Deep cleaning, all carpets at all City facilities. Thoroughly clean all outside windows and glass partitions. This may also include additional request for service during this cleaning session. (Stain removal etc.) RESTROOMS-Daily Service I . Empty trash containers and remove trash to designated area. 2. Damp wipe or scrub and sanitize all trash containers. 3. All Commodes, urinals, and basins to be scoured and disinfected. Both sides of toilet seat to be cleaned daily. 4. Clean and polish all faucets, sinks, and exposed metal. 5. All piping to be cleaned and polished. 6. All partitions to be spot cleaned and washed as necessary. 7. Replenish all paper products, including toilet covers, paper towels and toilet paper daily. 8. Replenish hand soap daily. 9. Sweep tile floors and damp mop with germicidal disinfectant. RESTROOMS-Weekly Service 1. Wash down all walls and sanitize all partitions. 2. Wash all waste containers and disinfect. 3. Clean and polish all doors, doorplates, and hardware. 4. All floors cleaned and grout cleaned. 5. Clean showers. RESTROOMS-Monthly Service I. Wipe clean all ceilings, lights, and fixtures. 2. Detail all toilet compartments and fixtures. 3. Brush and clean grills and vents. 4. Clean shower curtains and shower heads. 5. Clean wall tile(s) RESTROOMS-Ouarterly Service I. Scrub all tile floors. 41 of 84 EMERGENCY SERVICE — As Needed: The Contractor must provide an Emergency "After- Hours/Weekends/Holidays" contact for emergency janitorial services that may occur in any of the City facilities and buildings. The City will contact the Contractor and advise the nature of the emergency services that are required. After inspection, the Contractor will provide a quotation to the head of the Public Works Department or designee for the emergency services. Emergency services are additional and are not included in Daily, Weekly, Monthly, Quarterly or Bi-Annual services and they include but not be limited to; Electrostatic Disinfecting Services using EPA (Environmental Protection Agency) approved current disinfectants listing: "List N: Products with Emerging Viral Pathogens and Human Coronavirus Claims for use Against SARS-CoV-2; in accordance with www.epa.gov/pesticide- registrati on/list-n-d isi nfectnats-use-agai nst-ears-cov2 The Contractor must respond to the City within two (2) hours from receiving the Emergency call from the City. Background Screening: All selected Contractor's personnel providing service at City facilities must be in compliance with Level II Background Screening and fingerprinting requirements as per Exhibit 1, Attachment D, Chapter 435, including but not limited to Florida Statute 435.04, Employment Screening, prior to the scheduled start date of janitorial services. The Contractor is responsible for the Background Screenings and, all completed Background Screenings must be approved by the City of South Miami Police Department prior to the scheduled start date for janitorial services and prior to the start of any employees not previously screened. The City will provide the Contractor and their qualified personnel access to all City facilities and janitorial storage areas during the hours of services, or as agreed, to perform janitorial services. V. Qualifications: The selected Respondent and/or its subcontractors (as applicable) must have: 1. a minimum of five (5) years prior experience in commercial janitorial services. 42 of 84 2. knowledge of business operations and the legal requirements associated with this type of operation 3. Demonstrated financial ability to perform the responsibilities of the Agreement 4. Three professional references, including contracts/firms currently servicing. 5. Background information on persons of significant responsibility within the proposer's organization. VI. Janitorial Services Locations (6 Buildings, 4 Locations) Refer to Exhibit 1, Attachment B, "Janitorial Service Locations Matrix," and Exhibit C, "Photographs of Floor Types in Service Areas," for a detailed description of the City facilities included with this project, including estimated square footage, restrooms, appliances, sinks and counters, water fountains, etc. END OF SECTION 43 of 84 EXHIBIT I SCOPE OF SERVICES Attachment B JANITORIAL SERVICES RFP #PW2020-20 JANITORIAL SERVICES LOCATIONS MATRIX (6 BUILDINGS, 4 LOCATIONS) 44 of 84 Note: The measurements and S.F. are estima led. APPLIANCES LOBBY/FLOG OFFICE MIRROWAVE, SINKS& WATER LOCATION RS(SF) FLOOR TYPE SPACE (SF) FLOOR TYPE RESTROOMS TOASTER, COUNTERS WINDOWS FOUNTAIN REFRIGERATOR, STOVE Main Office: Porch & Back Terraio Floor, SYLVA MARTIN & 573 Storage Area 3,578 Kitchen: 2 6 3s lc 6 1 PORCH Concrete Linoleum; Bathroom: Tile Ceramic Tile in Carpet in all Lobby and Main office areas (8) CITY HALL 2,940 4,683 4 9s -2c 66 3 Areas. Carpetin &Conference the Chambers Room Offices: Linoleum & Tile Bathrooms: Tile/Holding Entrance& Cells: Concrete; 8kith POLICE 2,730 Hallways: Tile& 3,845 Storage Area: Showers Linoleum Concrete; Upstair Office: Carpet & Uroluem 5 of81, lC(>TION LOBBY/FLOG RS (SF) FLOOR TYPE OFFICE SPACE ISFI FLOOR TYPE RESTROOMS APPLIANCES MIRROWAVE, TOASTER, REFRIGERATOR, STOVE SINKS& COUNTERS WINDOWS WATER FOUNTAIN Tllethroughout Tile throughout Community Community [enter & Center & restrooms. restrooms. Carpet in Carpet in COMMLNRY Director's office. Director's CENTER. Including Rolled rvbber office. Rolled 11,583 11,027 rubberfloohng 4 with Shower 3 is-2t 172 8 FRness Center& flooring in Runes Cardbitm m Center and In Canter nd upstairs and up upstairs common areas. Area rugs areas. Area Area rugs throughout throughout Community Community Center. Center. Offices: Linoleum & Tile Carpetin Bathrooms: common areas of Tile/Holding Bay/Suite#1. Tile Cells: Concrete; MORLEY 6,408 3,126 6 1 N/A 50 8 throughout Storage Area: remainder of . Concrete; Mobley Building. Upstair Office: Carpet & Unoluem 46 of 84 APPLIANCES LOBBY/FLOO OFFICE MIRROWAVE, SINKS Si WATER LOCATION RS (SF) FLOORTYPE SPACE [SF) FLOORTYPE RESTROOMS TOASTER, COUNTERS WINDOWS FOUNTAIN REFRIGERATOR, STOVE Offices: Tile& Carpet Bathrooms: PUBUC WORKS 6]d Main Entrance. !277 Tile; 3with Ss - lc 10 Tile Showers Breakroom: Tile; Mato, Pool: Tile 1-City. SR. CITIZEN 2,860 Tile throughout 40 Tilethroughout 0 i is -lc Balance County [ENTER 6en'mr Cerner Senior Center. County SERVICES REQUIRED: Frequency Location(.) Monday —Friday CRY Hall: Departmental Offices, Human Resources, break rooms & Commission Chamber.' SAM—SAM 'Commission Chambers must be decried twice on Commission Meeting Days. or 6PM-lopm Monday —Friday City Hall: Police Department, Sylva Martin Building, Public Works & Motor Pool. JAM-4PM Monday —Friday 7AM —4 PM Community Center & Fitness Center. Saturday 10AM-4PM Monday —Friday 7AM-4PM Mobley Building— ALL RESTROOMS AND COMMON/LOBBY AREAS Monday —Friday Senior Center. 12:30PM-4PM End of Section 47 of 84 EXHIBIT I SCOPE OF SERVICES Attachment C JANITORIAL SERVICES RFP #PW2020-20 "PHOTOGRAPHS OF FLOOR TYPES IN SERVICE AREAS" 48 of 84 City of South Miami City Hall & Sylva Martin Building Maintenance Areas City Hall 6130 Sunset Drive Downstairs Women's Bathroom 49 of 84 Downstairs Unisex Bathroom Commission Chambers 1 Conference Room & 1 Small Finance Department (Entrance, 2 Offices, 2 Shored 50 of 84 low &1sh 52 of 84 Sylva Martin Building 6130 Sunset Drive Entrance & Halls Shared Office Space I I Room & Kitchen Area 53 of 84 Men's Bathroom Women's Bathroom of �. 54 of 84 Police Department Maintenance Areas Police Department 6130 Sunset Drive Entrance / Hallways / Kitchen Communications Area (1 Shared Office Space) Downstairs LI (4 Offices & 1 Conference Room) Women's Bathroom Cells Storage Area __ 1 1' 'y a `,�. y u 56 of 84 e Ell Women's Bathroom w I I 58 or 81 Parks and Recreation Department Maintenance Areas Gibson -Bethel Community Center 5800 SW 66th Street Administration Office Downstairs r Downstairs Bathrooms Men 59 of 84 I Fitness Center Directors Office Mobley Building 5825 SW 681h Street Suite 100 — 400 Suite 200: 61 of 84 Suite 300: Entrance & Bathroom sit Suite 400: Entrance, Offices, Hallway, Bathrooms V# South Miami Senior Center 6701 SW 621" Avenue Office, Lunchroom, Kitchen J 62 of 84 Public Works 4795 SW 75th Avenue Public Works Entrance Bathroom & Kitchen Area Public Works Department Maintenance Areas 63 of 84 Breakroom Men's Bathroom Women's Bathroom Motor Pool Office End of Section 64 of 84 EXHIBIT I SCOPE OF SERVICES ATTACHMENT D JANITORIAL SERVICES RFP #PW2020-20 "BACKGROUND SCREENING," Chapter 435, Florida Statute 435.04, Employment Screening 65 of 84 435.04 Level 2 screening standards.— (1)(a) All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (b) Fingerprints submitted pursuant to this section on or after July I, 2012, must be submitted electronically to the Department of Law Enforcement. (c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information. (d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July I, 2012. (e) Vendors who submit fingerprints on behalf of employers must: 1. Meet the requirements of s. 943.053; and 2. Have the ability to communicate electronically with the state agency accepting screening results from the Department of Law Enforcement and provide the applicant's full first name, middle initial, and last name; social security number or individual taxpayer identification number; date of birth; mailing address; sex; and race. (2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction: (a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct. (b) Section 39�, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct. (c) Section 415.1 1 I , relating to adult abuse, neglect, or exploitation of aged persons or disabled adults. (d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection. 66of84 (e) Section 782.04, relating to murder. (0 Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child. (g) Section 782.071, relating to vehicular homicide. (h) Section 782.09, relating to killing of an unborn child by injury to the mother. (i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony. (j) Section 784.011, relating to assault, if the victim of the offense was a minor. (k) Section 784.03, relating to battery, if the victim of the offense was a minor. (1) Section 787.01, relating to kidnapping. (m) Section 787.02, relating to false imprisonment. (n) Section 787.025, relating to luring or enticing a child. (o) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings. (p) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person. (q) Section 790.1 15(1), relating to exhibiting firearms or weapons within 1,000 feet of a school. (r) Section 790.1 15(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property. (s) Section 794.011, relating to sexual battery. (t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority. (u) Section 794.05, relating to unlawful sexual activity with certain minors. (v) Chapter 796, relating to prostitution. (w) Section 798.02, relating to lewd and lascivious behavior. (x) Chapter 800, relating to lewdness and indecent exposure. (y) Section 806.01. relating to arson. (z) Section 810.02, relating to burglary. (aa) Section 810.14, relating to voyeurism, if the offense is a felony. (bb) Section 810.145, relating to video voyeurism, if the offense is a felony. (cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony. (dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony. (ee) Section 825.102. relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult. (ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult. 67 of 84 (gg) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony. (hh) Section 826.04, relating to incest. (ii) Section 827.03relating to child abuse, aggravated child abuse, or neglect of a child. (jj) Section 827.04relating to contributing to the delinquency or dependency of a child. (kk) Former s. 827.05, relating to negligent treatment of children. (II) Section 827.071, relating to sexual performance by a child. (mm) Section 843.01, relating to resisting arrest with violence. (nn) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication. (oo) Section 843.12, relating to aiding in an escape. (pp) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions. (qq) Chapter 847, relating to obscene literature. (rr) Section 874.05relating to encouraging or recruiting another to join a criminal gang. (ss) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. (tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct. (uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm. (vv) Section 944.40, relating to escape. (ww) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner. (xx) Section 944.47, relating to introduction of contraband into a correctional facility. (yy) Section 985.701, relating to sexual misconduct in juvenile justice programs. (a) Section 985.711 relating to contraband introduced into detention facilities. (3) The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction. History.—s. 47, ch. 95-228; s. 16. ch. 96-268; S. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch. 99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; S. 5, ch. 2004-267; s. 4, ch. 2005-1 19; s. I 11, ch. 2006-120; S. 90, ch. 2006-197; S. 110, ch. 2007-5; S. 3, ch. 2007-1 12; S. 66, ch. 2009-223; S. 6, ch. 2010-31; s. 38, ch. 2010-1 14; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6, ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162. End of Section 68 of 84 EXHIBIT 2 INSURANCE & INDEMNIFICATION REQUIREMENTS JANITORIAL SERVICES RFP #PW2020-20 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation 69 of 84 (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible, or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: 70 of 84 (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B'; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." €� If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. 71 of 84 F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 72 of 84 EXHIBIT 3 RESPONDENTS BID FORM JANITORIAL SERVICES RFP NPW2020-20 THIS PROPOSAL IS SUBMITTED TO: Shari Karnali City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 i. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation. including as set forth in Exhibit ! (Scope of Services, Attachment A. 86 C & D) for the Proposed Price as set forth below, within the Contract Tune and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the berms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for ISO calendar days after the day of the Proposal Opening. The Respondent. by sighing and submitting this proposal. agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged) 09/04/2020 Addendum No. 2 Dated: 09/11/2020 3 09/17/2020 b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, Press, performance or furnishing of the Work c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the finishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre -bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. its. Respondent has correlated the results of all such observations, examinations, investigations. explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Fadlities or conditions 73 of 84 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work No additional examinations, investiptions, explorations, tests, reports or similar Wormation or data in respect to any Underground Facdities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specMmHy states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, ' if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor. materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, EXHIBIT 4 as may be set forth in an exhiibit to this Solicitation, such proposal must be attached to this Bid Form and wig take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: 5-YEAR LUMP SUM BASE PRICE: 2591015 dollars and 12 cenft Ahernates: # 1 #2 A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non -responsive. S. The ENTIRE WORK for the project in accordance with Exhibit 1, Scope of Services, Attachments A, B, C A D and must be completed, in full, within NIA from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract 6. Insert the following information for future communication with you concerning this Proposal: - RESPONDENT: Address: Telephone: Facsimile: Contact Person Clean Space Inc 3764 nw 124th AV Coral Springs FL 33065 954-880-2188 Matt Giunoo 7. The terns used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 74 of 84 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL JANITORIAL SERVICES RFP #PW2020-20 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services, Attachment A B A C. with their submittal. Failure to do so shall render the Proposal non -responsive and the Proposal shall be rejected from further consideration. Year Annual Amount Year 150,580 Year 2 50,580 Year 3 52,097 153,257.40 TOTAL (Years 1 to 3): $ Option -to -Renew: One (l). Two 2 Year Option 24 Months) Year 4 52,097 Year 5 $ 53,6fi0.32 259,015.12 FIVE YEAR TOTAL: $ SUBMITTED THIS 28 DAY OF PROPOSAL SUBMITTED BY: ompanY co N o S�rnit Proposal Signature ODerations Manacer Title September 954-880-2188 Telephone Number Fax Number Erna' - Address - END OF SECTION 20 20 76 of 84