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HOME OF PELICAN ISLAND
City of Sebastian Public Works Department
1225 Main Street
Sebastian, Florida 32958
Phone: (772) 228-7052 Fax (772) 228-7077
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REQUEST FOR PROPOSALS
PROFESSIONAL JANITORIAL SERVICES
Prepared by
City of Sebastian
Public Works Department
Facilities Maintenance Division
Contact: Mr. Martin O'Brien, Facilities Manager (772) 228-7055
e-mail: mobrienRcityofsebastian.org
July 2012
INDEX
PAGE #
RFP NOTICE OF REQUEST FOR PROPOSAL...... 1
PROPOSAL FORM .................................... 2-4
INSTRUCTION TO PROPOSING FIRMS ........ 5-8
GENERAL CONDITIONS ........................... 9-17
SUPLEMENTARY GENERAL CONDITIONS..... 18-21
TECHNICAL SPECIFICATIONS ...................... 22-24
SPECIAL REQUIREMENTS ............................ 25-29
QUESTIONAIRE............................................ 30-32
EXHIBIT "A" .................................................. 33
EXHIBIT"B" ................................................. 34-36
FORM OF AGREEMENT ............................... 37-41
DRUG FREE WORKPLACE FORM ............... 42
PUBLIC ENTITY CRIME FORM ..................... 43-46
LOCAL VENDOR PREFERENCE ....................... 47-49
NOTICE OF REQUEST FOR PROPOSALS
THE CITY OF SEBASTIAN IS HEREBY SOLICITING PROPOSALS FROM FIRMS
SPECIALIZING IN PROVIDING JANITORIAL SERVICES. THE TERM OF THE CONTRACT
WILL BE FOR THREE (3) YEARS RENEWABLE FOR TWO ADDITIONAL YEARS
THEREAFTER IN ONE (1) YEAR INCREMENTS UPON MUTUAL CONSENT OF THE
PARTIES. PROPOSALS WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN
STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM., ON MONDAY, JULY 30, 2012 IN
SEALED ENVELOPES, WHICH SHALL BE MARKED AS FOLLOWS:
RFP: PROFESSIONAL JANITORIAL SERVICES
OPEN: MONDAY, JULY 30, 2012 A2:00 PM
Packages outlining the details and requirements of the above RFP can be obtained by
contacting the Linda Kinchen, Public Works Department at 772 -228 -7052/e -mail
Ikinchen(o)cityofsebsastian.ora or e-mail Jean Tarbell at jtarbell@cityofsebastian.org
Vendor shall show proof of insurance and be properly licensed to conduct its business, with all
licenses, permits, and certificates as required by all local, State of Florida and Federal agencies.
A Drug Free Workplace Form is provided and must be signed and submitted with your proposal.
Any person or affiliate who has been placed on the convicted vendor list following conviction of a
public entity crime may not submit a proposal as proscribed by Section 287.133, F.S. A Public
Entity Crime Form is provided and must be submitted signed and notarized with your proposals.
Questions concerning this RFP shall be directed to Martin O'Brien, Facilities Manager, at (772)
228-7055.
A mandatory pre-bid conference and walk through will be held at 10:00 AM on Monday, July 16,
2012 at the location address stated above. Failure to attend will be cause to refect any
proposal.
Proposals duly submitted will be publicly opened and read aloud at a date and time as specified
above, in Sebastian City Hall, City Council Chambers, 1225 Main St., Sebastian, FL. The City
reserves the right to reject any and all proposals, waive any irregularities, make an award to any
respondent whose proposal or portion thereof is deemed to be in the best interest of the City,
and to waive any non -substantial irregularities, cancel this RFP at will, and/or extend any date or
time deadline stated herein.
City of Sebastian
Public Works Department
Martin O'Brien, Facilities Manager
PROFESSIONAL JANITORIAL SERVICES
PROPOSALFORM
The undersigned having become thoroughly familiar with all the RFP documents contained
herein, the nature and extent of the work, the work sites and conditions at the various locations,
and time schedule affecting the work hereby proposes to perform all services required in strict
conformity with the requirements of these documents, and to provide all the supervision, labor,
tools, materials and equipment necessary to provide the services meeting or exceeding the
specifications as set forth herein for the prices quoted below. The prices quoted are inclusive of
any Addenda, which may be issued.
By the signature below, the Contractor agrees that this Proposal is made without any
understanding agreement, or connection with any person, corporation, or firm submitting a
proposal for the same work and that this proposal is in all respects fair and without collusion or
fraud. If awarded the work under this proposal, the Contractor agrees to enter into said
Agreement within (10) consecutive calendar days notice by the City, and agrees to all terms and
conditions of all documents stated herein with the City of Sebastian for the below stipulated
prices which shall remain firm for sixty (60) days following the proposal opening date. The
undersigned further agrees as follows:
To do any work, not covered by the Proposal Schedule, which may be ordered by the
City, and to accept as full compensation therefore such prices as may be agreed
upon, in writing, by the City and the Contractor in accordance with Articles 6-8, of the
General Conditions.
2. To begin and complete work as required in the Notice to Proceed.
3. To keep in force all insurance and bonding requirements as set forth in the Contract
Documents for the duration of the Contract and to give thirty (30) days notice of
expiration of insurance and/or bonding.
Authorized Signature Printed Name
Firm Name and Address
Title
Number
Date Signed
PROFESSIONAL JANITORIAL SERVICES
PROPOSAL SCHEDULE"A"
The Lump Sum Price for each location shall include, but not limited to, the cost of all
supervision, labor, tools, equipment and materials to provide all janitorial services, in
accordance with the Contract Documents.
OLD CITY HALL
$
NEW CITY HALL
$
POLICE DEPARTMENT
$
GOLF COURSE CLUB HOUSE
$
COMMUNITY CENTER
$
YACHT CLUB & RESTROOMS
$
RIVERVIEW PARK RESTROOMS
$
SCHUMAN TENNIS RESTROOMS
$
HARDEE PARK RESTROOMS
$
BARBER STREET SPORTS COMPLEX, Creative
Playground, Football Field & Baseball Field Restrooms
$
GARAGE AND PW COMPOUND
$
AIRPORT ADMINISTRATION
$
SPLASH PAD RESTROOMS
$
FRIENDSHIP PARK, Office, Concession and Restrooms
$
RESTROOM OUTSIDE THE OLD COUNCIL CHAMBER
$
CEMETERY OFFICE
$
MAIN STREET RESTROOMS
$
TOTAL PROPOSAL PRICE SCHEDULE "A" E
Authorized Signature
Printed Name
Firm Name & Address Title
Phone Number
Date Signed
INSTRUCTIONS TO PROPOSING FIRMS
1. GENERAL
The following instructions are given for the purpose of guiding interested firms in properly
preparing their proposals. These Instructions and the entire RFP package shall be binding
on all Firms submitting proposals, and incorporated into and made part of the Contract.
2. DEFINITION OF TERMS
Where the following terms and their pronouns occur herein, the intent and meaning shall be
as follows:
CITY:
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
CONTRACT:
See Article 1, General Conditions, Page 8
SURETY:
Any person, firm or corporation bound by
Contract bonds with and for the Contractor
acceptable performance of the work and for
payment of all debts pertaining thereto.
ADDENDUM:
A modification of the Contract Documents
Issued in writing by the City prior to the Bid
Opening.
OPENING OF PROPOSALS:
The time and place for the opening of
proposals, as described in this RFP.
3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
The Vendor is required, before submitting his proposal, to visit the site of the proposed work
and familiarize himself with the nature and the extent of the work and any conditions that
may in any manner affect the work to be done, and the equipment, materials, and labor
required, and the cost thereof. The Vendor is also required to examine carefully any and all
Contract Documents. Ignorance on the part of the Contractor will in no way relieve him of the
obligations and responsibilities assumed under the Contract. No information derived from
maps, drawings, and specifications, or from the City, shall relieve the Contractor from any
risk or from fulfilling all terms of the Contract. It shall be the Contractors responsibility to
ensure that all measurements are accurate.
4. INTERPRETATIONS, INCONSISTENCIES AND ADDENDA
The Vendor must request interpretations or clarifications regarding the Contract Documents
and any Specifications received prior to the Opening of Proposals, in writing from the
Facilities Maintenance Supervisor. To be considered, such request must be received at least
seven (7) calendar days prior to Due Date for this RFP. The Supervisor will notify all
prospective vendors of any and all substantial interpretations and supplemental
instructions. These notices shall be in the form of written addenda. The failure of any Vendor
to receive any such addenda shall not relieve the Vendor from the obligation to comply with
the terms of the addenda in addition to all other Contract Documents, should the Vendor
submit a Proposal and become the Contract Awardee. All addenda so issued shall become a
part of the Contract Documents. The City shall not be bound by any oral interpretations or
clarifications
5. PREPARATION OF PROPOSALS
Vendor proposal package shall be submitted in duplicate, and shall include the Proposal
Price Schedule Form and ail other forms and statements, which must be submitted as
required by this RFP. The Proposal Price Schedule From must have all blank spaces filled in
with a price for each lump sum item and for every item for which a quantity is given. All forms
must be typed or in ink.
More than one proposal from any individual, partnership, or corporation, under the same or
different names, will not be considered. Should it appear to the City that any individual,
partnership, or corporation has an interest in more than one proposal for the work
contemplated, the City shall reject all proposals in which such individual, partnership, or
corporation has such interest.
S. PROPOSAL PRICING
The proposal price shall include all labor, supervision, transportation, materials, equipment,
and tools, including applicable taxes, necessary or proper for the performance of the required
services except as may be otherwise expressly provided for in the Contract Documents. The
total price shall be construed as including all of Contractor's direct and indirect costs to
perform all work services required during the period of a month in accordance with Technical
Specifications and all other documents contained herein, including but not limited to such
costs as insurance, obtaining required permits, testing, etc., unless otherwise expressly
provided in the Contract Documents.
This RFP contains Proposal Schedule "A" — which covers the City Buildings where services
will be performed.
The Contractor shall familiarize himself with the requirements of the State of Florida
pertaining to the exemption from State Sales Tax as it may apply to the City.
The City may consider proposals as non-responsive if they contain serious omission,
unauthorized alterations of form, incomplete or unbalanced proposal pricing, or irregularities
of any kind.
7. SUBMISSION OF PROPOSALS
All proposals must be delivered to City of Sebastian, 1225 Main Street, Sebastian, Florida
32958, by the date and time indicated on the Notice of Request for Proposals, at which time,
the Manager shall ask for "final call for Janitorial Proposals". This will be the last opportunity
to submit proposals, and no proposals will be accepted beyond this point.
All proposals must be sealed in an envelope marked on the outside, lower left corner, as
shown in the Notice of Request for Proposals.
S. FAMILIARITY WITH LAWS
The Contractor shall be familiar with all federal, state and local laws and regulations that may
affect the work. The Contract Documents may describe some of these laws and regulations;
however, the Contractor shall be responsible for knowing and complying with any and all
such laws and regulations. Ignorance on the part of the Contractor shall in no way relieve him
from the responsibility of compliance therewith.
9. REJECTION OF PROPOSALS
The City reserves the right to reject any proposal, if the evidence submitted by the Vendor, or
if the investigation of such Vendor, fails to satisfy the City that such Vendor is properly
qualified to carry out the obligations and to complete the work contemplated therein. Any or
all Proposals will be rejected, if there is reason to believe that collusion exists among the
Vendors. Proposals considered irregular may be rejected, if they show serious omissions,
alterations in form, additions not called for, conditions or irregularities of any kind. The City
reserves the right to reject any and all Proposals and to waive such technical errors as may
be in the best interest of the City, as determined by the City in its sole discretion.
10. WITHDRAWALS AND MODIFICATIONS
Any Vendor may, without prejudice to himself, withdraw or modify his Proposal at any time
prior to Opening of Proposals, by physically delivering written notice of withdrawal or the
written notification in writing to the City Facilities Maintenance Supervisor. All written requests
for withdrawal and written modifications must be signed by a person duly authorized to make
such withdrawal and modifications; and, in case signed by a deputy or subordinate, the
principal's proper written authority to such deputy or subordinate must accompany the
request for withdrawal or modification.
11. PROPOSAL EVALUATIONS AND SELECTION
A request for Proposal (RFP) is a formal invitation from an organization to a supplier to
submit an offer. The offer is to provide a solution to a problem or a need that the organization
has identified. An RFP is a procurement process in which the judgment by the organization of
the supplier's proposed solution, experience and qualifications may take precedence over
price. Accordingly, such factors as proposed solution, previous record, ability, capability,
price, project, approach, and other factors will be used to evaluate proposals and
recommend award of contract to the respondent whose proposal is determined to be in the
best interest of the City.
The Proposal Price Evaluation in this process will consider the Proposal Price for Schedule
"A" the first three years.
12. CONTRACT AWARD
The City reserves the right to reject any and all proposals, waive any irregularities, make an
award to any respondent whose proposal or portion thereof is deemed to be in the best
interest of the City, and to waive any non -substantial irregularities.
The Firm awarded the Contract, if any, shall execute the Contract, furnish good and
sufficient bonds as herein required, and provide a certificate of insurance as herein
required, within ten (10) days after receiving the Contract for execution.
If the Firm awarded the Contract is a corporation, it shall furnish certificates as to its
corporate existence and evidence that the officer signing the contract is authorized to do so
on behalf of the corporation, prior to the City's execution of the Contract.
13. SUBLETTING OR ASSIGNING OF CONTRACT
The Contractor shall not sublet, sell, transfer. Assign, or otherwise dispose of the contract or
any portion thereof or the work provided for therein or of any part or all of his right, title or
interest therein without the express written consent of the City. Any such attempt without the
express written consent of the City shall be void ab initio and shall allow the City, at its
option, to void the Contract.
14. PATENT FEES, ROYALTIES AND LICENSES
If the Contractor requires or desires to use any design, trademark, material or process
covered by letters of patent or copyright, the Contractor and his Surety shall indemnify and
save harmless the City from any and all claims for infringement by reason of the use of any
such patented designs, trademark, mentioned or processed in connection with the work
agreed to be performed under the Contract and shall indemnify the City from any costs,
expense or damage which he may be obliged to pay by reason of any infringement at any
time during the prosecution of, or after completion of, the work.
15.LIENS
Because the work called for under the Contract is "public work" under Chapter 255, Florida
Statutes, the Contractor shall insert the following paragraph in all subcontracts hereunder:
"Notice: Claims for labor, materials and supplies cannot be asserted against the City of
Sebastian and are subject to proper notice to (Contractor's Name) and to (Contractor's
Surety Company Name), surety, pursuant to Chapter 255 of Florida Statutes. This paragraph
shall be inserted in every sub -contract hereunder."
16. PRE -PROPOSAL CONFERENCE AND WALK THROUGH
A mandatory pre -proposal conference and walk through has been scheduled to be held at
location, date, and time as stipulated in the Notice of Request for Proposals. The purpose of
this conference will be to review all conditions outlined herein — and discuss any questions
pertaining to this RFP.
GENERAL CONDITIONS
1. DEFINITION OF TERMS
Where the following terms, or their pronouns, occur herein or in any of the Contract
Documents, they shall have the following meanings:
A. Contract
The written agreement between the City and the Vendor covering the work to be
performed, including all Contract Documents. The words Contract and Agreement
shall mean the same.
B. Contract Documents
All forms and documents comprising the Contract are described in the Form of
Agreement, Article 1. Contract Documents in page 37.
C. City ("Owner")
City of Sebastian, 1225 Main Street, Sebastian, Florida 32958.
D. Contractor
The individual, partnership, or corporation who, by executing the Contract, agrees
to perform the work described therein.
E. Specifications
All of the technical and special requirements and standards of performance
applying to the work as hereinafter detailed, or which may be stated in an
Addendum.
F. Change Order
A written order issued by the City to the Contractor directing certain changes,
additions, or reduction in work.
G. Notice to Proceed
A written notice issued by the City designating the Commencement Date and
Completion Date of the Contract.
H. Work
Everything expressly implied or required to be done by the Contractor under this
Contract, including furnishing and installing materials, as well as any extra work
properly authorized by the City.
I. Extra Work
Work not included in or required by the Contract Documents and not reasonably
related to or Incidental to such work.
J. Site
The area upon or in which the Contractor is to perform the work and such other
areas adjacent thereto as may be designated as such by the City.
K. Subcontractor
Any individual, partnership, or corporation other than the contractors employees,
who contracts with the Contractor to furnish, or actually furnishes, labor, materials,
or equipment, or any combination thereof, in connection with the work performed
under the Contract.
L. Commencement Date
The date on which the Contractor may start the Work, as described in the Notice to
Proceed.
M. Completion Date
The date on which all Contract work, other than guarantee and maintenance work
is required to be completed.
N. Time of Completion
The total number of calendar days from and including Commencement Date
through the Completion Date.
2. CONTROL, SUPERVISION AND INSPECITON OF WORK
A. The City shall have full control and direction of the work in all respects. The City
shall have the right to supervise the work, as the City deems necessary.
B. The City shall at all times have the right to inspect the work and the site. The
Contractor shall furnish all reasonable means for obtaining such information, as
the City may desire, respecting the quality of the work and materials and the
manner of conducting the work. The City shall not have the power to waive the
Contractor's obligation to properly perform the work as herein prescribed.
C. The Contractor shall perform the work at the times and days specified by the City
unless otherwise required, as directed or permitted by the City. The Contractor
shall receive no extra payment for such work.
D. The City's right to inspect and supervise shall not relieve the Contractor from his
responsibilities and obligations under the Contract. The City shall not be
responsible for the safety of the Contractor's personnel, the safeguarding of the
work, or the proper performance of the Contractor.
E. The Contractor is responsible for all supervision necessary to perform work in
accordance with these specifications.
F. The Contractor and its employees as well as subcontractors and their employees
must comply with all City regulations.
3. SUPERINTENDENTS
When the Contractor is not present at the site, any orders given by the City to the
Contractor's foreman or superintendents shall be strictly obeyed and shall be treated
in all respects as if given to the Contractor. Furthermore, the Contractor shall provide
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the City an emergency phone number to allow contact with him or his representative
at times when he is not on the site. Must be able to communicate in English
4. SUBCONTRACTORS
A. The Contractor shall not sublet the whole or any part of the work without the written
consent and approval of the City. In all cases, the Contractor shall give his
personal attention to the work, the subcontractors being considered as foreman
employed by the Contractor and liable to be discharged by the City for neglect of
duty or in competency or misconduct.
B. After acceptance of any subcontractor by the City, the Contractor shall not replace
the subcontractor with a new subcontractor without the written approval of the City.
5. EMPLOYEES
Contractor shall employ qualified personnel to perform the work requiring special
qualifications. Contract personnel shall have the necessary skills and experience to
perform all the services required in accordance with acceptable standards for this type
of work as determined by the City. Any person employed on the work who fails,
refuses, or neglects to obey the instructions of the City in anything relating to this
work, or who appears to the City to be disorderly, insubordinate, unfaithful, or
incompetent, shall upon the order of the City, be at once discharged and not again
employed on any part of the work. Any interference with, or abusive or threatening
conduct toward any City employee by the Contractor or his employees or agents, shall
be authority for the City to annul the Contract and re -contract the work at the
discretion of the City. The City of Sebastian Police Department, at the City's expense,
will conduct background checks/investigations of all the Janitorial Service employees
in order for them to be qualified to perform for the City the services described in the
RFP documents.
6. CHANGES IN SCOPE OF WORK; EXTRA WORK
While the City has tried to anticipate all work required under and during the term of
this Contract, the parties understand and agree that the work required herein may
require, without notice to the sureties, the performance of extra work or the omission
of work previously required. The City may, at any time, require changes in the scope
of work under this Contract, as the City may find necessary or desirable. Such
changes may include the omission of work previously required.
A. The City shall notify Contractor of the change in scope via a Change Order,
which shall become a part of the Contract Documents. If a change order directs
Contractor to omit work, the Contractor shall refrain from performing it.
B. The Contractor shall perform extra work only pursuant to the issuance by the
City of a Change Order. Records of any extra work performed by Contractor
shall be reviewed daily by the Contractor and City, duplicate copies of accepted
records made and signed by both Contractor or his representative and the City,
and one copy retained by each.
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C. Payment for extra work performed shall be calculated as described in General
Conditions Article 7, as long as the Contractor submits a claim of payment upon
certified statement supported by receipted bills.
7. PAYMENT FOR EXTRA WORK
If the City issues a Change Order for the performance of extra work as described in
General Conditions Article 6, payment shall be based upon any mutually agreed upon
lump sum or, if the parties cannot mutually agree upon sum, then by the following
method, designed to provide Contractor his direct costs plus a five percent (5%) profit:
A. The Contractor shall receive an amount for labor cost, based on the current
local hourly wage rate, as agreed upon by Contractor and the City prior to
starting such work, for all labor and foreman in direct charge of the authorized
operations.
1) The Contractor shall receive said amount for Contractor's or any
subcontractor's labor and foreman.
2) The Contractor shall provide documentation satisfactory to the City as to
the hours actually worked.
B. The Contractor shall receive an amount equal to seven percent (7%) of the total
labor cost, as computed in Sub -Article (A) above, for costs of general
supervision and the furnishing and use of miscellaneous equipment, such as
vacuums, brooms, and similar items.
C. The Contractor shall receive an amount equal to the actual cost of services
provided. Contractor shall document such costs to the City's reasonable
satisfaction.
D. The Contractor shall receive an amount equal to the rental price paid by
Contractor, for any rented special equipment and machinery used by
Contractor or any sub -contractor, required for the economical performance of
the authorized work.
E. The Contractor shall receive a profit percentage of five percent (5%) of the sum
of Sub -Articles (A) through (E) of this Article.
F. The Contractor's total reimbursement shall be the sum of Sub -Articles (A)
through (E) of this Article
S. OMITTED WORK
The City may, at any time by a written order, require the omission of such Contract
work as the City may find necessary or desirable. All work so ordered must be omitted
by the Contractor. The amount by which the Contract Price shall be reduced shall be
determined as follows:
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A. By such applicable unit prices, if any, as are set forth in the Contract; or
B. If there are no applicable unit prices, then by an appropriate lump sum price, if
any, set forth in the Contract; or
C. If there is no lump sum price, then by the reasonable and fair estimated cost of
such omitted work as determined by the City.
9. TERMINATION OF CONTRACT
A. The City shall have the right to terminate this contract at any time with or
without cause.
B. The occurrence of any of the following shall institute a default by Contractor
and shall provide the City with a right to terminate this Contract in accordance
with this Article, in addition to the right to pursue any other remedies, which the
City may have under this Contract or under law:
1) If in the City's opinion Contractor is improperly performing work or
violating any provision(s) of the Contract Documents.
2) If Contractor neglects or refuses to correct defective work as directed by
the City pursuant to an inspection;
3) If Contractor assigns this Contract or any money accruing thereon or
approved thereon; or
4) If Contractor abandons the work, is adjudged bankrupt, or if he makes a
general assignment for the benefit of his creditors, or if a trustee or
received is appointed for Contractor or for any of his property.
C. If the Contractor fails to correct or cure within the time provided in the preceding
Sub -Article B, the City may terminate this Contract by notifying Contractor in
writing. Upon receiving such notification, Contractor shall immediately cease all
work hereunder and shall forfeit any further right to possess or occupy the site.
D. The Contractor, and where applicable, Contractor's sureties, shall be liable for:
1) Any costs incurred by the City in soliciting proposals to award a new
contract;
2) The difference between the cost of completing the new contract and the
cost of completing this Contract; and
3) Any court costs and attorney's fees associated with any lawsuit
undertaken by the City to enforce its rights herein.
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10. SAFETY; MAINTAINING THE SITES
A. The Contractor shall be responsible for instructing their employees in all safety
measures. The Contractor shall not permit the placing or using of janitorial
materials and equipment in traffic lanes or other locations in such manner to
create safety hazards and shall provide appropriate warning signs for areas
closed for performing janitorial services.
B. All material and supplies shall be in clearly marked containers indicating
content and warning labels.
C. The Contractor shall maintain safety at all times in cooperation with the City.
The Contractor shall be responsible for any damage to existing utilities,
property, or persons arising out of Contractor's work at the work site. The
Contractor shall take precautions as are necessary to protect the public, the
City and its employees, and Contractor's employees from hazards associated
with Contractor's use and occupancy of the work site, in cooperation with the
City.
D. The Contractor shall maintain the work site in a safe and reasonable condition.
For any period, including weekends and holidays, during which work is halted,
Contractor shall ensure that the work site on which work has been halted is in a
condition that is clean, orderly, and satisfactory to the City.
11. LOSS CONTROUSAFETY
A. All costs due to loss, theft, or damage to all City materials, equipment, and
property shall be the responsibility of the Contractor.
B. Precaution shall be exercised at all times by the Contractor for the protection of
all persons, including employees and property. The Contractor shall comply
with all applicable laws, regulations and ordinances related to safety and
health, shall make special effort to detect hazardous conditions, and shall take
prompt action when loss control safety measures are reasonably necessary.
C. The City may order work to be stopped if conditions exist that present an
immediate danger to persons or property. The Contractor acknowledges that
such stoppage will not shift responsibility for any damages from the Contractor
to the City.
12. SUSPENSION OF WORK
The City shall have the right to require the Contractor to suspend work. The City may,
at any time and without cause, suspend the work or any portion thereof for a period
not more than 30 days by notifying the Contractor to cease work. The City's decision
as to suspensions shall be final and binding. Whenever the Contractor is required to
suspend work for any reason, the Contractor shall secure the site and protect the
work, so as to preserve the site and the work from damage, destruction, and loss.
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13. ROYALTIES AND PATENTS
All fees, royalties, and claims for any invention, or patent of any articles, material,
arrangement, appliance, or method that may be used upon or in any manner be
connected with this work, are hereby included in the process stipulated in this Contract
for said work.
14. INDEMNIFICATION
The Contractor shall assume full responsibility and shall hold harmless and fully
indemnify the City, the City's employees and agents, from all claims, damages, losses,
and expenses (including attorney's fees) that may arise as a result of performance of
the work, including any claims relating to loss or destruction of or damage to property,
claims relating to bodily injury or death, and claims relating to infringement of patent
right or copyright held by others; and shall defend any suit brought against the City,
the City's employees, and the City's agents of such claims.
15. INSURANCE
Before starting the work and until final acceptance of the work by the City, the
Contractor shall procure and maintain insurance of the types and to the limits
specified in Article 1 of the Supplementary General Conditions. Further, the Contractor
shall require each of his subcontractors to procure and maintain, until completion of
that subcontractor's work, insurance of types and to the limits specified in Article 1 of
the Supplementary General Conditions. It shall be the responsibility of the Contractor
to ensure that all of his subcontractors comply with all of the insurance requirements
contained herein relating to such subcontractors.
16. INTERPRETATION OF SPECIFICATIONS
The City shall decide all questions concerning the interpretation of all Contract
Documents pertaining to the Character, quality, amount and value of any work done
under or by reason of this Contract and the City's estimate and decisions shall be final
and conclusive.
17. DISPUTED WORK
If the Contractor is of the opinion that any work required, necessitated, or ordered is
not within the terms and provisions of this Contract, he must promptly notify the City,
in writing, of his contentions with respect thereto and request a final determination
thereon. If the City determines that the work in question is not extra work, and that the
order under dispute is proper, the City will direct the Contractor to proceed and the
Contractor shall promptly comply. Final determination and decisions in case any
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18. NO WAIVER OF LEGAL RIGHTS
A. The City shall not waive any rights hereunder by making any payment of any
kind, or accepting any work, unless expressly stated otherwise. No waiver by
the City of any right arising by virtue of Contractors breach shall be held to be a
waiver of subsequent breach.
B. The City reserves the right to correct any error that may be discovered in any
estimate that may have been paid and to adjust the same to meet requirements
of the Contract. The City further reserves the right should conclusive proof of
defective work on the part of the Contractor be discovered after a Partial
Payment has been made, to claim and recover by process of the law such
sums as may be sufficient to correct the error or make good the defects in the
work.
C. Any waiver of any provision of the Contract Documents shall be specific, shall
apply only to the particular item or matter concerned and shall not apply to
other similar or dissimilar items or matters
19. DEFECTIVE WORK
A. The Contractor shall correct any and all defective work. If at any time, before
final acceptance of the work, defects therein shall be found as determined by
the City, the Contractor shall promptly correct such defects at its own expense.
B. Should the Contractor fail or refuse to correct any defective work performed, in
accordance with the requirements of the Contract within the time indicated in
writing, the City shall have the authority to cause the unacceptable or defective
work to be corrected, as may be necessary to be made at the Contractor's
expense. Continued failure or refusal on the part of the Contractor to make any
or all necessary corrections promptly, fully, and in an acceptable manner, shall
be sufficient cause for the City to declare the Contract forfeited, in which case
the City at its option may instruct the City to purchase materials, tools, and
equipment and employ labor or may contract with any other individual, firm or
corporation, or may proceed with its own forces to perform the work.
C. All costs and expenses incurred thereby shall be charged against the defaulting
Contractor and the amount thereof deducted from any monies due, or which
may become due him, or shall be charged against the Contract bond.
20. TOOLS & EQUIPMENT
A. The Contractor is responsible for furnishing and maintaining all equipment in
safe operating condition to perform duties in accordance with these
specifications.
B. If at any time before the commencement or during the progress of the work,
tools or equipment appear to the City to be insufficient, inefficient or
inappropriate to secure the quality of work required, or the proper rate of
progress, the City may order the Contractor to increase their efficiency, to
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improve character, to augment their number or substitute new tools or equipment,
as the case may be, and the Contractor shall conform to such order. The failure of
the City to demand such increase of efficiency shall not relieve the Contractor of
his obligation to secure the quality of work and the rate of progress necessary to
complete the work within the time required by the Contract and to the satisfaction
of the City.
21. TESTING
The Contractor shall perform, or obtain the performance of, any testing required
herein. The Contractor shall bear the cost of any testing required under the Contract,
as well as any retesting required as a result of failures will be at the Contractor's
expense. The Contractor's bid prices shall be construed as including the cost of any
such testing.
22. PERMITS AND LICENSES
The Contractor shall obtain and pay for all permits, licenses and inspections required
for the work specified herein from any agencies having jurisdiction over the work. The
Contractor shall comply with all applicable laws, codes and regulations and shall call
for and obtain inspections on all items requiring inspection.
23. MISCELLANEOUS
A. Whenever any provision of the Contract Documents requires the giving of
written notice to the Contractor, notice shall be deemed to have been validly
given if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address
known to him who gives the notice. Whenever any provision of the Contract
specified herein.
B. The parties expressly recognize that the relationship between the City and the
Contractor is that of independent contractors, and that neither the Contractor
nor any of his servants, agents or employees shall ever be considered to be an
agent, servant or employee of the City.
C. If any provision of this Contract is found invalid for any reason, the remainder of
the Contract shall remain valid.
D. If a conflict between the parties regarding this Contract results in litigation,
venue shall be in Indian River County, Fl. Venue shall not lie in any other
jurisdiction. The prevailing party shall be entitled to reimbursement of all court
costs, the cost of expert witnesses, costs of depositions, and costs for
attorney's fees incurred as a result of the default.
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SUPPLEMENTARY GENERAL CONDITIONS
1. INSURANCE
Except as otherwise stated, the amounts and types of insurance shall conform to the
following minimum requirements.
A. Workers' Compensation
Coverage to apply for all employees for Statutory Limits in compliance with the
applicable state and federal laws. In addition, the policy must include:
1) Employers' Liability with a limit of $100,000 each accident and
disease.
2) Notice of Cancellation and/or Restriction — the policy must be
endorsed to provide the City with thirty (30) days notice of
cancellation and/or restriction.
3) If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen
& Harbor Workers Act and Jones Act.
B. Commercial General Liability
Coverage must be afforded on a form no more than the latest edition of the
Commercial General Liability Policy, on an occurrence basis, filed by the
Insurance Services Office and must include:
1) Minimum limits of $1,000,000 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
2) Premises and Operations.
3) Independent Contractors
4) Products and Completed Operations
Contractors shall maintain in force until at least three years after
completion of all services required under the Contract, coverage for
products and completed operations, including Broad Form Property
Damage.
5) Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
6) Additional Named Insured
The City is to be specifically included as an additional named insured
(including Products and Completed Operations) for liability of the City
resulting from operations performed by or on behalf of the Contractor in
performance of this Contract and for liability of the City for acts or
omissions of the City in connection with the general supervision of such
operations. Contractor's insurance including that applicable to the City as
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an Additional Named Insured shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall
not contribute with Contractor's insurance. Contractor's insurance shall
contain a severability of interest provision, providing that, except with
respect to the total limits of liability, the insurance shall apply to each
Insured or Additional Named Insured in the same manner as if separate
policies had been issued to each.
7) Notices of Cancellation and/or Restriction
The policy must be endorsed to provide the City with thirty (30) days
notice of cancellation and/or restriction.
C. Business Auto Policy
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Auto Policy filed by the Insurance Services Office and must
include:
1) Minimum Limits of $1,000,000 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
2) Owned Vehicles.
3) Hired and Non -Owned Vehicles
4) Notice of Cancellation and/or Restriction
The policy must be endorsed to provide the City with thirty (30) days
notice of cancellation and/or restriction.
5) Additional Named Insured
The City is to be specifically included as an additional named insured.
Contractor's insurance including that applicable to the City as an
Additional Named Insured shall apply on a primary basis and any other
insurance maintained by the City shall be in excess of and shall not
contribute with Contractor's insurance. Contractor's insurance shall
contain a severability of interest provision, providing that, except with
respect to the total limits of liability, the insurance shall apply to each
Insured or Additional Named Insured in the same manner as if separate
policies had been issued to each.
D. Certificate of Insurance
Certificates of insurance evidencing the insurance coverage required from the
Contractor for each type of coverage specified herein shall be filed with the City
before starting work, and shall be subject to the City's final approval for
adequacy and protection.
Certificates from the insurance carrier, stating the types of coverage provided,
limits of liability and expiration dates, shall be filed with the City before
operations are commenced. City of Sebastian shall be identified as an
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additional named insured for each type of coverage required herein. The
required certificates of insurance shall not only name the types of policies
provided, but shall also refer specifically to this Contract and section and the
above paragraphs in accordance with which such insurance is being furnished,
and shall state that such insurance is as required by such paragraphs of this
Contract.
The City of Sebastian is an additional insured only for accidents and claims
arising from Contractors performance of work that are covered under
Contractor's commercial general liability and business auto policies associated
with this contract.
If the initial insurance expires prior to the completion of the work, renewal
Certificates of Insurance and required copies of policies shall be furnished to
the City thirty (30) days prior to the date of their expiration indicated on the
initial insurance certificate.
The proceeding provision shall not be construed to indemnify the City of
Sebastian from losses arising out of or caused solely by the negligence of the
City of Sebastian, its employees, agents or subcontractors.
Nothing herein shall be construed as a waiver of sovereign immunity by the
City.
2. CONFLICTS
The following principles shall apply in resolving any conflict among or ambiguity in
the Contract documents.
A. The Supplemental General Conditions and Special Requirements shall have
priority over the General Conditions and Form of Agreement in case of
conflict. The Technical Specifications shall take precedence over all other
contract provisions.
B. When measurements are affected by conditions already established, it shall
be the Contractor's responsibility to verify all such dimensions at the site
and the actual job dimensions shall take precedence over scaled or City -
calculated dimensions.
3. APPLICABLE STANDARDS
All standards referred to herein shall mean the latest revision under the same
specification number or for those provisions in the new or revised specifications
which are clearly inapplicable. The following abbreviations have been used in
referring to other standards.
NEC
National Electrical Code
NEMA
National Electrical Manufacturer's Associates
IEEE
Institute of Electrical and Electronic Engineers
OSHA
Occupational Safety and Health Administration
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ASME
American Standard of Mechanical Engineers
ANSI
American National Standards Institute
NFPA
National Fire Protection Association
AISC
American Institute of Steel Construction
AWS
American Welding Society
EPA
Environmental Protection Agency
ASTM
American Society of Testing Materials
FDEP
Florida Department of Environmental Protection
Whenever a conflict exists between these standards and the Contract Documents,
the Contract Documents shall govern. In the event of a conflict between any of the
above codes and standards, the one having the most stringent requirements shall
take precedence unless otherwise approved in writing by the City.
4. QUALITY OF SERVICE AND WORKMANSHIP
The direction and supervision of janitorial services shall be by competent and qualified
personnel, and the Contractor shall devote sufficient personnel, time and attention to
the direction of the operation to assure providing excellent workmanship and the
highest quality of services to the City.
Workmanship shall be first class and the finished product equal to the best -accepted
standards of the trade for the category of work performed. All work shall be performed
by experienced, skilled tradesman.
5. MATERIALS DISPOSAL AND CLEANUP
The Contractor shall comply with all pertinent local, state and federal regulations as
enforced by the EPA, FDEP, U.S. Coast Guard and any other regulatory agency. The
Contractor shall be responsible of the disposal of all hazardous and non -hazardous
materials in accordance with EPA, FDEP, and OSHA requirements. Additionally, the
Contractor shall comply with all regulatory requirements for the cleanup of all spills as
a result of the work performed.
6. CONTRACTOR SAFETY
A. The Contractor shall ensure that all personnel are wearing the proper uniforms and
work shoes meeting OSHA and ANSI requirements for the work being done. When
working with hazardous materials, the Contractor shall use protective facemasks,
clothing and gloves. When working in enclosed areas, the Contractor shall supply
all necessary extractors and ventilating equipment to maintain a safe work area.
All personnel working above floor level will wear safety harnesses. Extreme caution
shall be maintained while working around natural gas, bunker "C' oil, diesel oil,
hydrogen and any other inflammable or explosive substance.
B. Any Contractor personnel not wearing required safety equipment or complying with
all safety standards and requirements will be removed from the work site until such
time as appropriate safety equipment is worn or standards observed.
C. The City shall not be responsible for the safety of the Contractor's personnel, the
safeguarding of the work, or the proper performance of the Contractor.
21
JANITORIAL SERVICES
TECHNICAL SPECIFICATIONS
1.0 INTENT
The specifications are an integrated part of the Contract Documents and as such will not
stand alone if used independently. The specifications do not purport to cover all details
for the Work and intend to establish the minimum standards of quality for the Work and
accordingly set forth the minimum requirements of performance, workmanship and
materials. It is also intended that the Contractor's price shall include furnishing all
supervision, labor, equipment, tools, materials and transportation necessary for the
proper execution of the Work, and to require complete performance of the Work in spite
of omission of specific reference to any minor component part and to include any
incidental work necessary for the proper completion of the Work by the Contractor.
2.0 SCOPE OF WORK
Work under this Contract includes but is not limited to, providing professional janitorial
services as specified herein. Work shall be performed at designated City buildings
and/or facilities in accordance with the work services requirements and frequencies
specified for each designated type of surface and/or area to be serviced.
3.0 WORK SERVICES REQUIREMENTS
Contractor shall provide services at City Buildings and/or facilities in accordance with the
specific requirements of the designated work surfaces and/or areas as specified herein
and other Contract documents. Services shall include cleaning, vacuuming, waste
removal, replenishment of supplies and other related work including but not limited to the
following:
A. Cleaning and maintenance Restrooms including floors, fixtures, partitions,
Sinks, countertops, mirrors, supply dispensers and waste receptacles.
B. Cleaning and maintenance of Break rooms, Kitchens or Lunch Rooms
Including floors, sinks, countertop and cabinet surfaces.
C. Cleaning of Glass and Mirror Surfaces
D. Waste Removal
E. Dust Cleaning (no feather dusting)
F. Cleaning of Woodwork
G. Vacuum and maintain Carpeted Floors
H. Clean, mop and wax as required for proper maintenance of hard floor areas
I. Miscellaneous Maintenance
The Contractor shall perform services on a daily, weekly, biweekly, monthly, or any other
frequency basis specified for each type of surface or area and described herein.
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AREAS TO BE SERVICED
Entranceway
5x/week
Reception area
5x/week
Lobby & waiting area
5x/week
Multi -workstation office areas
5x/week
Office
5x/week
Executive office
5x/week
Conference room
5x/week
Kitchen and/or break area
5x/week
Restrooms
5x/week
Hallways
5x/week
Stairwells
1xweek or as needed
BASIC SERVICES
Spot clean light switches, walls, doors, and doorframes
1x/week
Wipe down desks, counter tops, free of papers and debris
as needed
Dispose of waste and install new liners, if necessary
5x/week
Clean inside/outside of waste receptacles
as needed
Clean and disinfect sinks and clean water bottle trays
5x/week
Dust office furniture other then desks
1x/week
Wipe down windowsills
1x/week
Dust partition tops
1x/week
Vacuum partition walls — Police Department
1x/week
Dust picture frames and light fixtures
2x/month
Dust baseboards and chair bases
1x/month
Dust window blinds
1x/month
Remove cobwebs
as needed
CARPETS
Vacuum all traffic areas
5x/week
Vacuum corners, edges and non -traffic areas
1x/week
HARD SURFACE FLOORS
Sweep or vacuum all traffic areas
5x/week
Spot mop all areas
5x/week
Sweep comers, edges and non -traffic areas
1x/week
Thoroughly mop all areas
1x/week
Spray buff all VCT tile
1x/month
RESTROOMS
Spot clean vertical surfaces: walls, doors, and partitions
7x/week
Wipe down horizontal surfaces: counter tops, dispensers,
toilets
7x/week
Detail: door handles, kick plates and light switches
as needed
Clean and disinfect toilets and urinals
7x/week
Clean all mirrors
7x/week
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Dispose of waste and install new liners
7x/week
Dust partitions and ledges
7x/week
Low dusting: baseboards, toilet bases and beneath sinks
3x/week
Wet mop hard surface floors using germicidal product
7x/week
Restock hand soaps and proper disposables
7x/week
High dusting: air grills, ceiling fixtures
1x/month
KITCHEN & BREAK AREA
Spot clean vertical surfaces: cabinets, appliances and
walls
as needed
Wipe down horizontal surfaces: tables, appliances and
countertops
5x/week
Clean and disinfect sink
5x/week
WINDOWS 8 GLASS
Spot clean entranceway door glass and windows 5x/week
The contractor is expected to use their professional judgment to perform necessary
cleaning which may not be specifically detailed or scheduled in these specifications,
including but not limited to cleaning up spills, stains and other unforeseen occurrences.
The City will not be charged for cleaning not specifically outlined unless the City deems
that it exceeds the scope of work of these specifications and is agreed upon by the
Contract Administrator prior to work being performed.
All areas and surfaces designated to be serviced by the Contractor shall be left daily in a
clean, sanitary and neat condition and in the highest level of appearance.
Contractor personnel shall perform all required services in a workman -like and
professional manner.
ADDITIONAL SERVICES, BILLED SEPARATELY,
Proposals will be requested as needed.
Window cleaning
Carpet cleaning
Strip, seal and wax hard surface flooring
Strip and seal restrooms
24
SPECIAL REQUIREMENTS
JANITORIAL SERVICES
1. COMPLIANCE
The Contractor shall comply with all applicable laws, ordinances, rules, regulations
and orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. The Contractor shall
maintain, as required by the conditions, all necessary safeguards for safety and
protection of his employees, the City or any visitors. All damage, injury or loss to
any property caused, directly or indirectly, in whole or in part, by the Contractor,
any subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, will be remedied by the
Contractor.
2. FACILITY AND AREA
All work performed shall be for City of Sebastian facilities as identified in Exhibit A.
3. WORK SCHEDULE
All areas referenced herein shall be serviced seven (7) days per week, unless identified
otherwise, Sunday thru Saturday between the hours of 4:00 AM and 11 PM. Facilities that
are cleaned 7x weekly will still be cleaned on Holidays.
4. SUPERVISION
The Contractor shall personally examine and supervise on a daily basis, all stated
maintenance sites to insure strict compliance with specifications. Daily supervisory
reports shall be completed upon each inspection.
5. SECURING FACILITIES
a. The Contractor shall be responsible for keeping all buildings locked while he/she
and their employees are on the premises. The contractor is also responsible for
ensuring that no unauthorized personnel are permitted into any City facility while the
Contractor is in the facility. The Contractor shall be responsible for locking all doors
and turning lights off when they leave the premises.
b. Should the Contractor find any facility unsecured upon arrival, they should
notify the Contract Administrator by 5:00 PM of the next business day.
25
6. CITY SUPPLIED MATERIALS
The City shall provide toilet paper, paper towels (roll and Mulb-fold), hand soap and
tmshcan liners, for the Contractor to replenish restroom facilities, kitchens and other areas.
The Contractor shall noti(ythe City when supplies, at each location, need resupply.
The Contractor shall be responsible for the resupply of City supplied materials at
each facility. Materials are available through the City at a mutually agreeable
location, Sunday through Saturday.
The Contractor or his supervisor shall clearly identify all locations where resupply is
required. The City's representative identified in Exhibit A, will identify storage
locations in each facility.
7. MATERIALS & EQUIPMENT
The Contractor shall provide all materials, except for those materials supplied by
the City as described above in 6. All materials used shall be of high quality and
shall not have a negative effect in any manner upon the health or welfare of any
employee or persons employed by the Contractor, the City or any visitors.
Likewise, all equipment and supplies used shall be of a high quality commercial
grade necessary to perform the work specified.
8. FIDELITY BOND
The Contractor shall provide a Fidelity Bond in the amount of ($10,000.00) naming
the City of Sebastian as the oblige, for each employee providing services to the
City. In connection with each Bond, the Contractor agrees to provide a copy of
each of its employee's application to the City. The awarded Company as insurer,
binds itself to pay to the City of Sebastian, as employer, such pecuniary loss as
employer shall sustain of money or other personal property (including that
dishonesty, forgery, theft; embezzlement, wrongful abstraction, misappropriation or
any other dishonest or criminal act or omission of or by any of the employees listed
in the schedule forming a part of this bond directly or in connivance with any
location in the service of employer).
Proof of bonding shall be submitted to Contract Administrator on a quarterly basis.
9. PAPERIDOCUMENTS ON FLOOR
All papers found on floor will be placed on the nearest desk or counter to prevent
loss of important papers or documents.
10. BOXES
Boxes and trash outside of a wastebasket or receptacle must be marked "Trash"
before the vendor is expected to dispose of this material.
FZ
11. DAILY SUPERVISORY REPORTS
Daily supervisory reports which include task site inspections shall be completed by
the owner or lead supervisor of the janitorial service at the end of each cleaning
cycle (each day/evening) for each City Building cleaned and services performed.
These reports will be left on the Contract Administrators desk bearing the signature
of the owner or lead supervisor certifying that the required services have been
performed properly. This report will be completed on the Inspection Report Form
(Exhibit B).
12. RESPONDING TO COMPLAINTS
All cleaning complaints shall be responded to and corrected within a four (4) hour
time limit. All complaints and corrections shall be directed through the Contract
Administrator.
13. QUARTERLY INSPECTIONS
On a quarterly basis, the Contract Administrator and the owner of the janitorial
service will meet and complete a walk-thru of all City buildings to ensure strict
compliance of all required services. At this time, a quarterly report will be
completed and rated by both the Contractor and the Contract Administrator. This
inspection will be completed on the Inspection Report Form (Exhibit B).
14. SERVICES NOT PERFORMED BY THE CONTRACTOR
The City being unable to assess the values of all the different services required to
be performed by the Contractor hereunder will deduct from the Contractor's
request for payment a fixed charge of $50.00 per occurrence for any and all
services not performed or services unacceptable, at the sole discretion of the City,
and that the Contractor failed to correct to the satisfaction of the City. In the event
that such occurrences take place an inordinate number of times as determined by
the City, the City shall reevaluate the contractor's performance and determine
disposition which may include the termination of the contract. Occurrence is
defined as a service task in any part/subpart of a facility such as dusting an office,
vacuuming a hallway, cleaning a restroom, etc. or parts thereof.
15. KEYS
All janitorial keys and badges are issued to the Contractor and are the
responsibility of the Contractor. The Contractor will be charged for the replacement
cost of any lost key(s) and badges and/or the cost of changing locks as a result of
any lost keys.
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16. ANNUAL REVIEW
An annual review
will be conducted
every September
to discuss additions,
deletions, cleaning
requirements, and
any processes to
improve the existing
cleaning services.
17. BREAKDOWN AND STORAGE OF TABLES AND CHAIRS
The Contractor shall be responsible for breakdown and storage of all tables and
chairs located in the Community Center, and Yacht Club as required prior to
cleaning the floor areas in each facility. Set up not required after cleaning.
18. CONTACT PERSON
The Contractor shall provide the name and telephone number(s) of an English
speaking contact person with a 24-hour phone number in case of emergency.
19. CONTRACT EMPLOYEE LISTS
The City shall request the Contractor to provide a list of employees working certain
days, hours, or assignments. Such list must be submitted within two (2) hours
(unless otherwise indicated) of the City's request and must include Social Security
numbers, picture ID badge, driver's license numbers, and addresses for
background check. When employees are hired, fired or specially assigned, the
Contract Administrator shall be supplied with an updated list of all employees doing
work on City property.
20. UNIFORMS
All personnel must be visible, as Contractors employee(s) shall wear uniform shirt
(with name of company) and a visible picture ID badge while on City property. The
Contractors work force shall be neat and clean in appearance and shall bear the
picture identification badge. Identification shall include the employee's name and
company name.
21. MOVING FURNITURE AND EQUIPMENT
The Contractor shall move and return all furniture and equipment (i.e., chairs, trash
cans, mats, tables, etc) necessary to properly perform janitorial services on a
weekly basis.
22. DAMAGE
A. The Contractor will be liable for all damage(s) caused by any products,
supplies, or equipment used to perform duties under this contract.
B. The Contractor will be held responsible for any breakage and/or loss of
equipment, supplies or articles on City property caused by negligence on the
part of the Contractor and/or their employees.
M
C. In the event damage occurs, the Contractor must report the damage to the
Contract Administrator by 10:00 A.M. on the following business day and
submit a written report within twenty-four (24) hours describing the location of
the damage, the cause of the damage, when the damage occurred and what
action is recommended or has been taken to correct the situation.
23. CITY EQUIPMENT
A. The Contractor and their employees shall not use any City equipment to
include but not limited to microwave ovens, copy machines, fax machines,
computers, audio visual equipment, typewriters, telephones, etc. The City
reserves the right to request termination of any Contractor employees utilizing
City equipment.
B. The Contractor and their employees are not allowed to use any City
telephones, except in the case of an emergency. (Emergency is defined as an
urgent need for assistance.
24. VACATION
The Contractor shall not be allowed vacation time as part of this contract.
25. NUMBER OF FACILITIES
The City makes no guarantee as to the number of facilities that will be included in
this contract at any time. The City reserves the right to add or remove facilities or
seek new proposals as deemed to be in the City's best interest. In the event the
City adds or deletes facilities or areas within a facility, the contract will be adjusted
in accordance with bid prices most advantageous to the City. In the event the
facility is not included as part of this bid, the Contract Administrator will negotiate
the services to be performed and a price with the Contractor.
26. COST ADJUSTMENTS
Compensation payable to the Contractor for services provided hereunder shall be
adjusted upward or downward annually to reflect changes in the consumer price
index for All Urban Consumers for the Southeastern U.S., all items, 1982-84
equals 100, as published by the U.S. Department of Labor, Bureau of Labor
Statistics ("CPI"). Beginning October 1, 2010, and on each October 1 thereafter,
the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI
for the immediately preceding twelve (12) month period of June to June, but no
increase or decrease shall exceed three percent (3%) per annum. The Contractor
shall notify the City in writing of increases that are based on the CPI, as provided in
this section, no less than thirty (30) days prior to their implementation.
29
QUESTIONAIRE
The undersigned guarantees the truth and accuracy of all statements and
answers herein contained.
How many years has your organization been in business as a
supplier of these materials/services?
2. What is the last project of this nature that you have completed?
3. List of current contracts indicating name of owner, duration,
completion date and amount:
4. Name three individuals or corporations for which you have
performed work of this size and nature to which you refer:
5. Have you ever failed to complete work awarded to you; if so, where
and why?
6. Have you personally inspected the proposed work and have you a
complete plan for its performance?
7. Will you need to hire new personnel to perform any part of this
work? If so, give details:
8. Will you need to hire personnel to supervise any portion of the
work?
30
9. Will you sublet any part of this work? If so, give details:
10. What equipment do you own that is available for the work?
11. What equipment will you purchase for the proposed work?
12. What equipment will you rent for the proposed work?
13. The following is given as a summary of the Financial Statement of
the undersigned: (List assets and Liabilities and use insert sheet if
necessary).
14. State the true, exact, correct, and complete name of the
partnership, corporation or trade name under which you do
business, and the address of the place of business. (If a
corporation, state the name of the President and Secretary. If a
partnership, state the name of all partners. If a trade name, state the
names of the individuals who do business under the trade name. It
is absolutely necessary that this information be furnished.)
(Correct name of Proposing Firm)
a.) The business is a Sole Proprietorship, Partnership or
Corporation.
b.) The address and phone number of principal place of business
is:
31
c.) The names of the corporate officers, or partners, or individuals
doing business under a trade name, are as follows:
Authorized Signature
Printed Name
Title Date
32
BUILDING LIST
EXHIBIT "A"
DAYS TO CLEAN
Old City Hall
New City Hall
Police Department
Golf Course Club House & Locker Room
Community Center
Cemetery
Garage and Public Works Compound
Airport Administration Building
WEEKENDS ONLY
Yacht Club & Restrooms
Riverview Park Restrooms
Schumann Tennis Restrooms
Hardee Park Restrooms
Barber Street Sports Complex
Creative Playground Restrooms
Football Field Restrooms
Baseball Field Restrooms
Splash Pad Restrooms
Friendship Park Restrooms
Office & Concession
Restrooms outside old Council Chambers
Main Street Restrooms
33
X5
X5
X7
X7
X7
X5
X5
X5- Lobby, 3 restrooms-Bunker
X2
X2
X2
X2
X2
X2
X2
X2
X2
X2
EXHIBIT "B"
CITY OF SEBASTIAN
INSPECTION REPORT
PROFESSIONAL JANITORIAL SERVICES BID
D = DAILY
Once a day, Monday through Friday unless otherwise specified.
W = WEEKLY
Must be completed by Friday of each week.
M = MONTHLY
Must be completed by the last Friday of the month.
Q= QUARTERLY
Must be completed by the 15th day of June, September, December & March.
S = SEMIANNUALLY
Must be completed by the 15th day of January and July.
A=ANNUALLY
Done in August yearly.
F
General Areas
fixtures including showers, urinals, toilets, sinks, counters,
faucets, mirrors, empty waste baskets and replenish all restroom
articles and supplies including but not limited to soap, toilet
paper. deodorizers, and seat covers.
basis than once a week.
All floors shall be cleaned and waxed at the specified minimum
or as necessary to maintain a high luster.
Pick up all trash and debris off all floors and sweep with a
chemically treated dust mop
X
Ceramic Tile - Sweep and damp mop.
X
Ceramic Tile - Sweep, mop, scrub, clean with necessary agents
and wax
X
Vinyl -Sweep and damp mop
X
Vinyl -Sweep, mop, strip,
wax & buff vinyl floor with non -slip wax
X
Carpet -Vacuum carpeting and spot clean for grease and dirt,
shake scatter rug outside, and vacuum all other floor coverings
of rug material
X
Carpet -Vacuum and clean all carpet areas, at a minimum of
semiannually, using scrub and extraction method.
X
Floor Mats - thoroughly clean and scrub all inside and outside
floor (entry) mats
X
Cement -Sweep and mop and clean off exterior walkways
Lighting Fixtures - Clean lighting fixtures to remove dust, dirt.
cobwebs, etc.
X
X
Waste baskets - Empty dally.
X
Waste Baskets - Clean and disinfect waste baskets and trash
cans and reline, at a minimum of once a week, or as needed
when liquid or debris is In, or on the container.
I X
EXHIBIT "B" INSPECTION REPORT, Cont.
PROFESSIONAL JANITORIAL SERVICES
34
baskets, inside and outside
of the
-MEM
doorjamb, door knobs and behind the door. X
Ceilings - Clean to remove dust, dirt buildup and foreign debris,
clean air conditioning vents and ceilings to remove dust
and dirt build up. X
Walls - Dust and remove all visible marks on all wall surfaces,
as needed from ceiling to floor Including wall hangings
(pictures, etc.) fire alarm boxes, fire alarm pull stations, fire
extinguishers, exit signs, partitions, base boards, kick boards, etc. X
R.e.hn.Me - M.0 ..H win. clan Y
and stairs. Clean around plants and other objects in
fountains and
rl.ee nnnra -
an as -needed
ages, and streaks.
remove fnaer prir
on
and sanitizeall drinking fountains.
�._._
:. dirt. finaerorints and smudaes
Dust all furniture including but not limited to Filing cabinets,
tables, bookcases, computers, etc. Clean desk top by special
door iamb. door knobs. and floor behind the door.
wall hangings, fire alarm boxes, fire alar pull stations, fire
extinguishers, exit signs, partitions, baseboards, kick boards,
and spot clean as needed, etc. I I I IX
EXHIBIT "B" INSPECTION Report , Cont.
_ PROFESSIONAL JANITORIAL SERVICES
AREA . ..TASK
Kitchen Thoroughly clean and disinfect all sinks, tables, and counters
around and behind counter top appliances such as a microwave
35
and
etc.
doorjamb, door knobs and floor behind the door.
Council Vacuum carpeting, rugs and other floor coverings before City
Chambers Council meetings. Council Meetings are usually held on the
second and forth Wednesdays of the month.
Polish City Council Chambers one (1) day before City Council
meetings.
Lobby Areas Glass Doors - Clean inside and outside of all glass doors to
remove all fingerprints, smudges, and streaks.
Emotv and clean waste baskets: reline waste basket at a
directed.
are to be arrangea Tor aaiiy uses as
36
CITY OF SEBASTIAN
FORM OF AGREEMENT
PROFESSIONAL JANITORIAL SERVICES
This Professional Janitorial Services Contract is executed by and between the City of
Sebastian, a municipal corporation organized and existing under the laws of the State of
Florida, whose address is 1225 Main Street, Sebastian, Florida 32958 (hereinafter "City";
and
whose address is
hereinafter "Contractor". The parties hereto agree to the following terms and conditions:
1. CONTRACT DOCUMENTS
The following documents are attached hereto and made a part of this Contract:
Notice of Request for Proposal, RFP Documents, Addenda as required, Instructions to
Vendors, General Conditions, Special Requirements, Supplementary General
Conditions, Proposal Form, and Proposal Schedule "A", Form of Agreement, Public
Entity Crimes Sworn Statement, Drug -Free Workplace Statement, Bonding,
Questionnaire, Technical Specifications, Exhibits and Change Orders.
2. TERM & RENEWAL
The term of the Contract shall be for three (3) years beginning
and ending . Thereafter, the contract may be
renewed for an additional three (3) years in one (1) year increments by mutual consent
of both parties.
3. SCOPE OF WORK
The Contractor shall perform all the work as described in the documents entitled
"PROFESSIONAL JANITORIAL SERVICES" for the City, and shall do everything
required by this form of Agreement and any other Contract documents.
4. PAYMENT
A. The City shall make a single monthly lump sum payment for the prior
month's services, as described in the Contract Price Schedule, once the
contractor has completed the work in accordance with the Contract
Documents
37
B. No invoice shall include Federal Excise, State or City Sale Tax, City shall
furnish tax exemption certificates upon request.
5. CANCELLATION
City shall have the right to cancel, this Contract in its entirety, or all or any part of the
undelivered portion of any purchase release, if Contractor breaches any of the terms
hereof, including Contractor's warranties, or if Contractor becomes insolvent or commits
acts of bankruptcy. Such right of cancellation is in addition to and in lieu of any other
remedies, which City may have in law or equity.
6. TERMINATION
The City may terminate this Contract at any time without further obligation hereunder
upon delivery of a written notice of termination.
7. GRATUTIES
The City may by written notice to the Contractor, cancel this Contract without liability to
Contractor if it is determined by City that gratuities, in the form of entertainment, gifts, or
otherwise, were offered or given by the Contractor, or any agent or representative of the
Contractor, to any officer or employee of the City with a view toward securing a Contract
or securing favorable treatment with respect to the awarding or amending, or the making
of any determinations with respect to the performing of such a Contract. In the event this
Contract is canceled by City pursuant to this provision, City shall be entitled, in addition
to any other rights and remedies, to recover or withhold the amount of the cost incurred
by Contractor in providing such gratuities.
8. SPECIAL TOOLS & TEST EQUIPMENT
If any of the prices stated in the Bid Schedule include the cost of any special tooling or
special test equipment fabricated or required by the Contractor for the purpose of filling
this order, such special tooling equipment and any process sheets related thereto shall
become the property of the City and to the extent feasible shall be identified by the
Contractor as such.
9. FORCE MAJEURE
Neither party shall be held responsible for losses resulting to the other if the fulfillment of
any obligation of this Contract is delayed or prevented by any cause not within the
control of the party whose performance is interfered with, and which by the exercise of
reasonable diligence said party is unable to prevent.
10. ASSIGNMENT -DELEGATION
No right or interest in this Contract shall be assigned or delegation of any obligation
made by Contractor without the written permission of the City. Any attempted
assignment or delegation by Contractor shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph.
38
11.SUBCONTRACTORS
The Contractor shall not sublet the whole or any part of the Contract without the consent
and approval of the City.
12. WAIVER
No claim or right arising out of a breach of this Contract can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party.
13. MODIFICATIONS
This Contract can be modified only by a writing signed by both of the parties or their duly
authorized agents.
14. INTERPRETATION -PAROL EVIDENCE
This writing is intended by the parties as a final expression of their agreement and is a
complete and exclusive embodiment of the terms of their agreement. Neither prior
course of dealings between the parties nor usage of the trade shall be used to
supplement or explain any term used herein.
15. APPLICABLE LAW
This Contract shall be governed by the law of the State of Florida.
16. RIGHT OF ASSURANCE
Whenever a party to this Contract in good faith has reason to question the other party's
intent to perform he may demand that the other party give written assurance of his intent
to perform. In the event that a demand is made and no assurance is given within five (5)
days, the demanding party may treat this failure as an anticipatory repudiation of this
Contract.
17. SPECIAL CONDITIONS
If a conflict between the parties regarding this Contract results in litigation, venue shall
be in the Circuit Court for Indian River County, Florida. Venue shall not lie in any other
jurisdiction. The prevailing party shall be entitled to reimbursement of all court costs, the
cost of expert witnesses, costs of depositions, and costs of attorney's fees incurred as a
result of the default. The parties hereby waive all rights to trail by jury.
18. INDEMNIFICATION AND INSURANCE
The Contractor shall indemnify, hold harmless, and procure and maintain insurance
provided in Paragraphs 1, Supplementary General Conditions, and to the extent required
in said paragraphs, require any and all subcontractors to do the same.
39
19. CONTRACT UNIT PRICES
The unit prices contained in the Schedule "A" for Janitorial Services are incorporated
herein, with changes as noted, and made a part of this contract.
PROJECT NAME; PROFRESSIONAL JANITORIAL SERIVCES
WITNESSED BY:
(NAME OF CONTRACTORICOMPANY)
Sign:
Sign:
Print:
Print:
Sign:
Sign:
Print:
Print:
Title:
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day
of 2012, by as and
as on
behalf of the Corporation. They are personally known to me or have produced
as identification and did, did not take the oath.
NOTARY PUBLIC
Sign:
Print:
State of Florida at Large (seal)
Commission No.
My Commission Expires:
'me
ATTEST: CITY OF SEBASTIAN
Sign: Sign:
Sally A. Maio CMC/AAE Alfred Minner
Title: City Clerk Title: City Manager
(SEAL)
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
Robert Ginsburg, City Attorney
41
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date:
Signature
42
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or
Agreement, must execute the enclosed form swom statement under section
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including
proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal.
If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will
ship commodities and receive payment from the resulting Agreement, it is your
responsibility to see that copy(ies) of the form are executed by them and are included
with your quote, bid, or proposal. Corrections to the form will not be allowed after the
quote, bid, or proposal opening time and date. Failure to complete this forth in every
detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -
133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes,
requires the Florida Department of General Services to maintain and make available to
other political entities a 'convicted vendor" list consisting of persons and affiliates who
are disqualified from public and purchasing process because they have been found guilty
of a public entity crime. A public entity crime is described by Section 287.133, Florida
Statutes, as a violation of any State or Federal law by a person with respect to and
directly related to the transaction of business with any public entity in Florida or with an
agency or political subdivision of any other state or with the United States, including, but
not limited to, any bid or Agreement for goods or services to be provided to any public
entity or with an agency or political subdivision and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or
transact any business in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for category two (currently $10,000) with any person or affiliate on the
convicted vendor list for a period of 36 months from the date that person or affiliate was
placed on the convicted vendor list unless that person or affiliate has been removed from
the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide
goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement
with the Contract/Agreement officer or Purchasing Director, as applicable. The attached
statement or affidavit will be the form to be utilized and must be properly signed in the
presence of a notary public or other officer authorized to administer oaths and properly
executed.
43
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
This swom statement is submitted with Bid, Proposal or Agreement No.
for THE CITY OF SEBASTIAN.
2. This swom statement is submitted by
(name
of entity
submitting
swom statement) whose
business
address is
and (if
applicable)
its Federal Employer
Identification
(FEIN) is
(If the entity has no FEIN, include the Social Security
Number
of the individual signing
this sworn
statement:
3. My name is (please print
name of individual signing) and my relationship to the entity named above is
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with
respect to and directly related to the transaction of business with any public entity
or with an agency or political subdivision of any other state or with the United
States, including, but not limited to, any bid or Agreement for goods or services to
be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that 'convicted" or "conviction" as defined in Paragraph
287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a
public entity crime, with or without an adjudication of guilt, in any federal or state
trial court of record relating to charges brought by indictment or information after
July 1, 1989, as aresult of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida
Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime;
or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
44
CITY OF SEBASTIAN, FLORIDA
LOCAL VENDOR PREFERENCE POLICY
Effective October 14, 2009, City of Sebastian adopted a local vendor preference
reference, Ordinance No. 09-13 as set forth below:
Sec. 2-11. Local Vendor Preference Policy
a. Definitions.
(1) Local business means the vendor has:
(a) A valid business tax receipt issued by the City of Sebastian, Indian
River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or
Brevard County at the time a bid or proposal is submitted, and
(b) A physical address located within the local area, in an area zoned
for the conduct of such business, from which the vendor is operating a significant portion
of its business, and at which it maintains full-time employees.
(2) Nonlocal business means any vendor that does not meet the definition of
a business within the local area.
(b) Establishment as local area business. To establish that a vendor
is a local area business a vendor shall provide written documentation of compliance with
the definitions for each such local business as defined in subsection (1) herein, at the
time of submitting a bid or proposal. Post office boxes are not verifiable and shall not be
used for the purpose of establishing the required physical business address. A vendor
that misrepresents the local area status of its firm in a proposal or bid submittal to the
city will lose the privilege to claim local preference status for a period of two years.
(d) Local preference in purchasing and contracting. The City of
Sebastian shall give preference to local area businesses in the purchase of
commodities, person property, general services, personal property, general services,
professional services, and the purchase of or contract for construction or renovation of
public works or other public improvements by means of competitive bid. The city shall
give such preference to local area businesses in the following manner:
(1) Competitive bid. Each formal competitive bid solicitation shall clearly
identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive nonlocal business submits the lowest
price bid, and the lowest bid submitted by a qualified and responsive local area business
is within five percent of the lowest bid, then the lowest bidding local area business shall
have the opportunity to submit an offer to match the price submitted by the lowest
nonlocal area business bidder.
Within five working days after the posting of the qualified and responsive
bids, any local area business that has submitted a bid within five percent of the lowest
bid by a nonlocal area business, and that wants the opportunity to match the lowest bid,
Wj
shall submit a written offer to match the lowest bid. If the lowest local area business
submits an offer that matches the lowest bid submitted, then the award shall be made to
such local business.
If the lowest local area business bidder declines or is unable to match the lowest
bids, then the option to do so moves to the next local area business if its bid is within five
percent of the lowest bids, and it is a qualified and responsive bidder.
If the lowest bid is submitted by a qualified and responsive local area business,
there is no local vendor preference.
If a local area business accepts the opportunity to match the lowest bid of a
nonlocal area business and that bid is based on unit price bid items and estimated
quantities, then the unit prices for all bid items shall be reduced in proportion to the
reduction in the local area business's total bid amount required to match the lowest total
bid.
(2) Ties. In the event of any tie in the final bid price between a local area
business, and a nonlocal area business, a contract award, or the first opportunity to
negotiate, as applicable, shall be made to the local area business. In the event of any
tie between a business located within the City of Sebastian shall be awarded the
contract or receive the first opportunity to negotiate, as applicable. In the event of any
two businesses located within the City of Sebastian, or two businesses located within the
greater local area, the local vendor with the greatest number of full-time employees
working in the City of Sebastian or the greater local area respectively shall be awarded
the contract or receive the first opportunity to negotiate as applicable.
(d) Exception to local vendor preference policy. The local preference policy
set forth herein shall not apply to any of the following purchases or contracts:
(1) Goods or services provided under a cooperative purchasing
agreement or piggyback agreement; or
(2) Purchases or contract which are funded, in whole or part, by a
governmental entity and the laws, regulations, or policies governing such
funding prohibit application of that preference; or
(3) Purchases made or contracts let under emergency or noncompetitive
situations, or for litigation related legal services, as described in the
city's purchasing policies; or
(4) Purchases or contracts with an estimated cost of $5,000.00 or
less; or
(5) Purchases or contracts where the difference between the amount
of the low bid submitted by a qualified and responsive nonlocal area
business and the lowest bid submitted by a qualified and responsive local
area business is greater than $25,000.00; or
(6) Where all bids are rejected.
48
(e) Waiver of the application for local vendor preference policy. Any
request for the waiver of local preference to any particular purchase or contract must be
head by the city council prior to advertising the bid. The city council, as the awarding
authority, may approve the waiver of local preference upon review and at its discretion.
(f) Comparison and review of qualifications. The preferences
established herein no way prohibit the right of the City of Sebastian to compare and
review the quality of materials proposed for purchase, and to compare and review the
qualifications, character, responsibility and fitness of all persons, firms or corporations
submitting bids or proposals. Furthermore, the local preference established herein shall
not prohibit the city from giving any other preference permitted by law in addition to the
local preference contained herein.
(g) Administration of local preference policy. This policy shall apply to
all departments, functions and funds under the governance of the City of Sebastian,
unless subsection (d) applies.
(h) Dispute resolution. Any dispute arising under the provision of this
section shall first be presented to the city manager for determination. The decision of the
city manager shall be appealable to the city council, and the decision of the city council
shall be final and binding on all parties.
49
The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons
when not for fair market value under an arm's length agreement, shall be a prima
facie case that one person controls another person. A person who knowingly
enters into ajoint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida
Statutes means any natural person or entity organized under the laws of any state
or of the United States with the legal power to enter into a binding Agreement and
which bids or applies to bid on Agreements for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement. (Please indicate which
statement applies.)
Neither the entity submitting this sworn statement, nor any officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this swom statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who
are active in management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989,
AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final
order entered by the hearing officer didnot place the person or affiliate on the
convicted vendor list. (Please attach a copy of the final order.)
_ The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing
officer detemilned that it was in the public interest to remove the person or
affiliate from the convicted vendor list. (Please attach a copy of the final order.)
C,M
_ The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of General
Services.)
(Signature)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
partnership),
2012 by
(title) on behalf of
a partnership. He/she is personally known to me or has
as identification and did ( ) did not ( ) take an oath.
My Commission Expires:
Commission Number -
El El
umber:
C[l
(name of
produced