Loading...
HomeMy WebLinkAboutProfessional Janitorial ServicesMOI C HOME OF PELICAN ISLAND City of Sebastian Public Works Department 1225 Main Street Sebastian, Florida 32958 Phone: (772) 228-7052 Fax (772) 228-7077 12-12 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 10 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. 11 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: 12 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. 13 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. 14 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 15 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 16 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. 17 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 18 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 19 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 20 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. 22 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 23 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. 27 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