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2009-67 Janitorial Services Agreement
• RESOLUTION 2009-67 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL FOR JANITORIAL SERVICES SUBMITTED BY HARVARD MAINTENANCE, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village advertised a Request for Proposals ("RFP") for Janitorial Services and received thirteen proposals; and WHEREAS, each proposal received by the Village was evaluated by members of Village Administration based on the financial responsibility of the respondent, proven skill and experience, ability to perform the contract in a timely manner, previous satisfactory performance attributed to their references and other factors; and WHEREAS, Village Administration recommended accepting the proposal submitted by Harvard Maintenance, Inc. and the Village Council determines that acceptance of this proposal is in the best interests ofthe residents and citizens ofthe Village ofNorth Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal submitted by Harvard Maintenance, Inc. at an annual cost of $72,096.00, with funds to be expended from Village Account # A5519-33491 (Facilities -Contractual Services). Section 3. The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for such services with Harvard Maintenance, Inc., a copy of which is attached hereto and incorporated herein by reference. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 12th DAY OF (Village Seal) R ATTEST: • ~~ ~~~~~ ~~ --~- VILLAGE CLERK CONTRACT FOR JANITORIAL SERVICES AT VILLAGE FACILITIES VILLAGE OF NORTH PALM BEACH This Contract is made as of the ~,~„ ~ day of l~d~~~~~ 2009, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and HARVARD MAINTENANCE, INC., a New York corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal LD. is 13-1954860. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all work necessary for janitorial services at Village facilities pursuant to the terms and conditions of this Contract. SECTION 1: GOODS AND SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services necessary for janitorial services of Village facilities as required under the VILLAGE's Request for Proposal and the CONTRACTOR's proposal thereto, which are attached hereto and incorporated herein by reference and to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. SECTION 2: TERM OF CONTRACT. A. This Contract shall be for an initial term of three (3) years from the date first written above unless earlier terminated in accordance with the terms and conditions stated herein. The initial term of this Contract shall automatically extend for an additional two (2) years unless either party notifies the other party at least ninety (90) days prior to the end of the initial term that it does not desire to have the Contract automatically extend for another two (2) years. B. The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages. SECTION 3: VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE'S representative shall be the Director of Public Works. The Village Manager or Village Representative shall have the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being performed. SECTION 4: COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR'S proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this Contract shall not exceed the amount stated in CONTRACTOR'S proposal. B. In order for bath parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final Page i invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services. SECTION 5: INDEMNIFICATION. A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract. B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are alleged to be liable. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. SECTION 6: PERSONNEL AND EQUIPMENT. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel and equipment required to perform the services under this Contract. B. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. C. All of the CONTRACTOR'S personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. SECTION 7: TERMINATION. This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to the CONTRACTOR. The VILLAGE may also terminate this Contract with written notice of cause to the CONTRACTOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE'S notice. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the VILLAGE'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. Page 2 SECTION 8: FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing such materials. SECTION 9: INSURANCE. A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the VILLAGE's representative. Failure to comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. SECTION 10: SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. Page 3 SECTION 11: DISPUTE RESOLUTION. LAW, VENUE AND REMEDIES. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract wiil be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Services. SECTION 13: ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR'S place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 14: NONDISCRIMINATION. The CONTRACTOR warrants and represents that atl of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 15: ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. SECTION 16: SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. SECTION 17: MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE'S notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONTRACTOR'S ability to meet the completion dates or schedules of this Contract. Page 4 B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by the contemplated change, pending the VILLAGE'S decision to proceed with the change. C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and the CONTRACTOR shalt not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach. SECTION 18: PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or CONTRACTOR under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this statute. SECTION 19: PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and shall protect the VILLAGE'S property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. SECTION 20: WARRANTY/GUARANTY. CONTRACTOR warrants that its goods and services under this Contract will be free of defects in materials and workmanship for a period of one year following the provision of said goods and services. SECTION 21: COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract. SECTION 22: NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 Page 5 and if sent to the CONTRACTOR shall be mailed to: Harvard Maintenance, Inc. Attn: Scott Hartley, Southeast Regional Manager 3045 North Federal Highway Building 42 Fort Lauderdale, FL 33306 The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. In the event of a conflict between this Contract and the VILLAGE'S Request for Proposal and the CONTRACTOR'S proposal, this Contract shall take precedence with the VILLAGE'S Request for Proposal taking precedence over the CONTRACTOR'S proposal. All such documents shall be read in a manner so as to avoid a conflict. SECTION 24: WAVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. SECTION 25: PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 26: SURVNABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. SECTION 27: WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. SECTION 28: REPRESENTATION/BINDING AUTHORITY. Each party represents to the other that the person executing this Contract has the authority and full legal power to execute the Contract and bind the party on whose behalf he or she is acting with respect to all of the terms and conditions set forth herein. [Remainder of page intentionally blank] Page 6 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. H111/J1: ~/~ MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY•,_~---~»~ VILLAGE ATTORNEY Page 7 VILLAGE RFP AND CONTRACTOR'S PROPOSAL TO BE ATTACHED AS EXHIBITS REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES FOR VILLAGE FACILITIES VILLAGE OF NORTH PALM BEACH 501 U.S. HIGHWAY ONE NORTH PALM BEACH, FLORIDA 33408-4906 ADVERTISEMENT, INSTRUCTIONS FOR PROPOSALS SPECIFICATIONS, PROPOSAL FORMS Page 2 ADVERTISEMENT The Village of North Palm Beach will be receiving sealed proposals for the furnishing of labor, equipment and materials for the Janitorial Services for Village Facilities at the Village Manager's Office, Village Hall, 501 U.S. Highway One, North Palm Beach, Florida, until: 3:00 P.M. October 14, 2009 Time Date at which time they will be opened and read in public in the Village Hall conference room. The resulting contract shall be awarded to the responsible proposer that best meets the needs of the Village, taking into consideration, among other things, the financial responsibility of the proposer, proven skill and experience, ability to timely perform the contract, previous satisfactory performance and such other abilities of the proposer that the Village, in its sole discretion, determines will enable the proposer to perform effectively and efficiently the contract being proposed upon. The envelope containing the proposal shall identify the proposer's name and address and be marked as follows: SEALED PROPOSAL: Janitorial Services for Village Facilities OPENING DATE: AND TIME: October 14, 2009 at 3:00 P.M. No proposer may withdraw his or her proposal for a period of sixty (60) days after submission by the date set for the opening thereof. The Village reserves the right to reject any or all proposals and to waive any technicality or informality in any proposal. A mandatory pre-proposal meeting is scheduled for October 7, 2009 at 10:00 a.m. at the Public Works Department, 645 Prosperity Farms Road, North Palm Beach, FL 33408 The complete Request for Proposals including specifications and proposal forms may be obtained by bona fide proposers upon application at the Office of the Village Public Works Director, 645 Prosperity Farms Road, North Palm Beach, FL 33408 or from the Village website at: www.village=npb.org. THE VILLAGE OF NORTH PALM BEACH Jimmy Knight, Village Manager PUBLISH: PALM BEACH POST DATE: SEPTEMBER 27, 2009 Page 3 REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES AT VILLAGE FACILITIES 1. REQUEST FOR PROPOSALS: The Village of North Palm Beach, Florida, a Florida municipal corporation in Palm Beach County ("Village"), is accepting sealed proposals for Janitorial Services for Village Facilities (as more fully described herein) until 3:00 P.M. EST on October 14, 2009, at the Village Manager's Office, Village Hall, 501 U.S. Highway One, North Palm Beach, FL 33408. Proposals received after the aforementioned date and time will be returned unopened. 2. PRE-PROPOSAL MEETING: A mandatory pre-proposal meeting is scheduled for October 7, 2009 at 10:00 A.M. EST at the Village Public Works Department at 645 Prosperity Farms Road, North Palm Beach, FL 33408. Failure to attend the mandatory pre- proposal meeting constitutes a ground for rejection of your proposal. 3. PREPARATION OF PROPOSAL: This Request for Proposals ("RFP") provides the complete set of terms and conditions, specifications and proposal forms for the required services. The following documents are attached hereto and incorporated herein by reference. Scope of Work Public Entity Crimes Statement Proposer's Acknowledgement Proposal Form and Unit Prices Drug Free Workplace Standard Village Contract Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" This RFP is available for review and printing from the Village's web site: www.village-npb.org. All proposal forms must be completed in full and include a manual signature, in ink, where applicable. The signature must be of an authorized representative who has the legal ability to bind the proposing entity in contractual obligations. Unsigned proposals will not be accepted. All proposals forms must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by a proposer to any part of a proposal form must be initialed in ink. The Village requests one (1) copy of the completed proposal in an electronic ".PDF"-file format. It is a proposer's sole responsibility to assure that his/her proposal is complete and delivered at the proper time and place of the proposal opening. The Village will not be responsible for any expenses incurred in connection with the preparation and/or delivery of a proposal. An original of all proposal forms and (2) copies along the other required information (as stated in Section 10 below) must be submitted in a sealed envelope to the address provided above via hand-delivery or mail. Faxed or e-mailed proposals are not acceptable. The face of the sealed envelope shall state "SEALED PROPOSAL" and contain the proposer's name, return address, title of the proposal, and the date and time for proposal opening. Proposals not submitted in a sealed envelope or on the enclosed proposal forms may be rejected. All questions regarding this RFP must be submitted in writing to Wiley Livingston, Director of Public Works by fax to 561-626-5869 or by e-mail to wlivin sg ton~a,village=n~b.org at least 7 days prior to the proposal opening. If any question requires a response which the Village, in its sole discretion, determines should be provided to all potential proposers, the Village will issue an official addendum to this RFP. The Village will endeavor to make sure all potential proposers receive such addendum by posting the addendum on the Village's website for the respective proposal solicitation; however, it is the sole responsibility of every proposer to verify with the Village whether any addendum has been issued prior to submitting a proposal. The Village will not issue an addendum five (5) days or less before proposal opening. 4. PROPOSAL EVALUATION AND AWARD: On the date and time specified in this RFP, the Village will open and announce aloud all proposals received on time. The evaluation of the proposals will occur soon thereafter. The proposal opening may be delayed if, at the sole discretion of the Village, it is considered to be in the Village's best interests. The Village Administration will evaluate the proposals in order to prepare a recommendation to the Village Council for selection of the top-ranked proposer and award of a resulting contract. Certain proposers may be selected to make a brief presentation to and/or an oral interview with the Village Administration and/or Village Council. The selected proposer will be chosen on the basis of the responsiveness of its proposal, interviews and oral presentations (if required), and the results of the Village's research and investigation of the information in each proposal. Upon selecting the successful proposer who will best serve the interests of the Village, the Village will enter into a contract with that selected proposer. At a minimum, the resulting contract will include the terms and conditions found in a standard Village contract, a copy of which is attached hereto as Exhibit "F", and incorporate the terms and conditions of this RFP and the selected proposer's proposal. The Village, in its sole discretion, reserves the right to waive all technicalities or irregularities, to reject any or all proposals or any part of a proposal, to award to a single proposer or to divide the award between proposers, and to re-solicit this RFP or any part of this RFP. The Village further reserves the right, in its sole discretion, to award a contract to the proposer (or proposers) whose proposal best serves the interests of the Village. 5. INSURANCE REQUIREMENTS: A. Prior to the approval of a resulting contract, the selected proposer shall provide to the Village certificates evidencing insurance coverage in the minimum amounts as required hereunder or as otherwise agreed to in the negotiated contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The certificates shall clearly indicate that the selected proposer has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the Village. Failure to comply with the foregoing requirements shall not relieve the selected proposer of its liability and obligations under a resulting contract. B. The selected proposer shall maintain, during the life of a resulting contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the selected proposer from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under a resulting contract, whether such operations be performed by the selected proposer or by anyone directly employed by or contracting with the selected proposer. C. The selected proposer shall maintain, during the life of a resulting contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the selected proposer from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the selected proposer or by anyone directly or indirectly employed by the selected proposer. D. The parties to the resulting contract shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the other party. E. All insurance, other than Worker's Compensation, to be maintained by the selected proposer shall specifically include the Village as an Additional Insured. 6. REGULATIONS, PERMITS AND FEES: The selected proposer will be required to obtain at its own expense all permits, inspections, business tax receipts and/or licenses, if any, required to provide the required services to the Village under this RFP. The selected proposer must comply with all applicable Federal, State and local laws and regulations. 7. PUBLIC ENTITY CRIMES: In accordance with section 287.133, Florida Statutes, any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $25,000 for a period of 36 months following the date of being placed on the convicted vendor list. Accordingly, if your proposal exceeds $25,000, a public entity crimes statement must be completed and signed by an authorized representative and be included with your proposal. A copy of the public entity crimes statement is attached to this RFP as Exhibit "B". 8. PUBLIC RECORDS: Upon receipt, all proposals and information submitted with each proposal become "public record" and shall be subject to public disclosure consistent with Chapter119, Florida Statutes ("Public Records Law"). In order to be exempt from disclosure, proposers must invoke the specific exemptions to disclosure provided by law in their proposal by providing the specific statutory authority for the claimed exemption, identifying the data or other materials to be protected, and stating the reasons why such exclusion from public disclosure is necessary. 9. PROPOSER'S CERTIFICATION: Each proposer submitting a proposal acknowledges, agrees and certifies as follows: A. The proposer and its proposal are subject to all terms and conditions specified herein with no exceptions unless authorized in writing by the Village;. B. The proposal constitutes an offer to the Village which shall remain open, irrevocable and unchanged for sixty (60) days after proposal opening; C. The proposer has not given, offered nor intends to give or offer any economic opportunity, future employment, favor or gratuity in any kind to any employee of the Village in connection with this RFP; D. The proposer has not divulged or discussed its proposal with other proposers; E. The proposal is made based on independent determination of the proposer without collusion with other proposers in an effort to restrict competition; F. The proposer has not made any attempt to induce any potential proposer from submitting or declining to submit a proposal in response to this RFP; G. The proposer is financially solvent and sufficiently experienced and competent to provide all goods and/or services required in this RFP; H. The proposer shall indemnify, defend and hold harmless the Village, its officers, employees and agents from any and all claims, damages, causes of action or liability related to or arising from this RFP; and I. All information provided in the proposal is true and correct in all respects. If any proposer or its proposal fails to comply with the foregoing certifications, said failure will include, but may not be limited to, grounds for rejecting that proposer's proposal. 10. PROPOSAL FORMAT AND REQUIREMENTS: Each proposal shall be submitted in a clear, concise format, on 8%2 X 11 paper. Each proposal set shall contain all information requested herein to be considered for award. Omission of required information may be cause for disqualification. 1. Cover Letter of Transmittal: The cover letter will summarize in a brief and concise statement the proposer's qualifications, how it is organized, and its location relative to the Village. Minimum qualifications should be stated and must include: A. A statement that the proposer is licensed and qualified to provide all services requested under this RFP and as stated in the proposal to complete the Project; B. A statement that the proposer is able and will comply with all applicable laws, rules, regulations and ordinances of the Village, Palm Beach County, the State of Florida and the United States if selected by the Village Council; and C. A statement that the proposer is able and will provide the required insurance as stated herein if selected by the Village Council. The Cover Letter should also identify the Project manager for the proposer. An official authorized to bind the proposer and execute a contract must sign the letter of transmittal. The following proposal forms should be attached to the Cover Letter: Public Entity Crimes Statement Proposer's Acknowledgement Proposal Form Drug Free Workplace RFP Exhibit "B" RFP Exhibit "C" RFP Exhibit "D" RFP Exhibit "E" 2. Additional Information: A. Proposer's References: The proposer shall submit a list of no more than six (6) municipalities, public entities or other entities to which the proposer has provided similar services as those requested in this RFP. Proposer shall indicate a contact person's name, address and telephone number for each reference, and a general description of the services provided and the cost of such services. B. Subcontractors: The proposer shall identify all subcontractors, if any, the proposer plans to utilize in the provision of all services under this RFP. C. Equipment: The proposer shall provide a list of equipment that is available to perform the services included within the Scope of Services. D. Conflict of Interest: The proposer shall disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee or officer of the Village. Furthermore, all proposers shall disclose the name of any Village employee or officer who, either directly or indirectly, owns a material interest in the proposer's company, firm or group or in that of any of its affiliates. If no such conflict of interests exists, the proposer should clearly state this in its proposal. f THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI RFP EXHIBIT "A" SCOPE OF WORK The Village of North Palm Beach, Florida, (Village) is seeking proposals from qualified companies to perform janitorial services for the following facilities: • Village Hall (501 U.S.1) • Public Safety (560 U.S.1) • Library (303 Anchorage Drive) • Anchorage Activities Building (603 Anchorage Drive) • Anchorage Modules (603 Anchorage Drive) • Anchorage Marina Restroom (603 Anchorage Drive) • Osborne Park Recreation Building (851 Prosperity Farms Road) • Community Center (to include restrooms at concession stand and by basketball courts) (1200 Prosperity Farms Road) • Tennis Facility (951 U.S.1) • Country Club (includes golf pro shop, golf locker rooms, administration offices) (951 U. S.1) • Country Club Pool (men's and women's shower rooms) (951 U.S.1) • .Public Works (to include employee break room and restroom in adjoining building) (645 Prosperity Farms Road) Cleaning Specifications: DAILY: • Empty & clean all waste and recycling receptacles. Change liners as needed. • Remove all trash to designated trash area using Trash Barrels, Dolleys and Trash Haulers to prevent bag drags and any damage to floor surface. • Please note: any trash not placed in a standard waste receptacle must be clearly labeled as trash to be removed. • Empty all ashtrays and replace sand as needed from Customer's stock. • Police smoker's area & immediate area surrounding the building entrance(s) for trash, cigarette butts, etc. • Spot clean all interior partition & entrance glass. • Spot clean all interior doors/glass and or solid. • Polish bright work: lettering, lobby sign/directories, etc. • Drinking fountains cleaned and sanitized. • A11 telephone receivers, door handles and push bars, light switches and other common contact areas will be wiped down with an EPA registered disinfectant. • Dust mop all hard surface floors. • Damp mop all hard surface floors • Vacuum all carpets completely. • Remove cobwebs as needed. WEEKL Y.• • Dust all office furniture surfaces (without moving tenant belongings) including: file cabinets, counter tops, etc. Desks should be kept in neat, organized manner to allow for free flow of cleaning. In order that important papers not be disturbed, desks not cleared will not be dusted. • Computer keyboards are not dusted due to possible computer programs in progress. • Office machinery, calculators, adding machines, phones, etc. will not be dusted to prevent possible damage to equipment. • Window sills, low ledges, moldings, picture frames, blinds, etc. dusted. Interior windows cleaned and streak free. • High ledges, overhead pipes, etc. dusted. MONTHLY: • Damp wipe /polish furniture. • Clean all A/C vents, grills & adjacent ceiling tiles. • Clean all baseboards. • Clean & polish all door kick plates & thresholds. • Spray buff VCT tiled surfaces. MISCELLANEOUS: • Clean & arrange all equipment in janitorial closet. • Turn off lights and secure premises as specified after cleaning is completed. KITCHENS/BREAKROOMS -DAILY (Sx/wk): • Tables, chairs, counter tops, cabinets, dishwasher & refrigerator face to be damped wiped, scour sink, wipe out microwave, and clean coffee area. RESTRODMS: RESTROOMS -DAILY (Sx/wk) • Floors swept. Mopped and rinsed with disinfectant detergent. All used mop water to be dumped down floor drains when applicable. • Flushable fixtures clean and sanitize with EPA registered disinfectant and germicidal. Clean & disinfect toilet seats on both sides. • Sinks -scoured and disinfected, fixtures polished. • Clean mirrors leaving them free of hand prints/smudges/smears. • Fittings and supply pipes keep clean. • Stall partitions /tile walls -spot clean to remove streaks, smudges, fingerprints & graffiti. • Waste receptacles emptied. Liners replaced. • Restock all dispensers (Hand Soap, Toilet Tissue, Multi- Fold Hand Towels, Seat Covers, Urinal Screens and Sanitary Wax Bags). RESTROOMS -WEEKL Y • Wash all stall partitions, both sides (Including doors & hinges). RESTROOMS - MONTHL Y • Clean all A/C vents, grills & adjacent ceiling tiles. Additional Special Services (Upon request and as directed by the Public Works Department) • Steam clean carpeted areas • Steam clean grouted ceramic the services • Strip and Wax of VCT Tiled surfaces • Clean all exterior windows Contractor is responsible for providing all the necessary equipment to provide these services including, but not limited to: Wall brushes, vacuum cleaners, buckets, mops, dust cloths, "squeegees", rubber gloves, dust pans, sponges, cleaning fluids, disinfectants, wiping cloths, wax, wax cleaners, spray buff cleaners, floor machines, trash can liners, hand soap, toilet bowl cleaners and all paper products. (a copy of MSDS for chemicals will be maintained in a binder in a location to be determined at the Public Works facility). All applicants are encouraged to schedule a meeting with the Public Works Superintendent to conduct a survey of the facilities prior to submitting proposal. All paper products will be of equal or greater quality of existing product in use. All applicants/ bidders are encouraged to take asample/ stock number to insure quality. (Winning bidder will have the opportunity to change out dispensers that will allow for consolidation of paper products. Type/design of dispenser must be approved by village prior to installation. If and when paper products are changed it will be the responsibility of the contractor to remove and return the old dispensers to the Village; care will be taken as not to damage the facilities during the removal and installation of paper dispensers.) All janitorial staff that enters the Police Department and Village Hall buildings will need to pass a background check that meets Federal and Village standards. The hours of cleaning will vary for each building as not to disrupt Village activities/ business. These hours will be discussed during the tour of each facility. Janitorial staff will be made available with in 20-30 minutes in case of emergency (unforeseen). The Community Center gym floor is of special material and has to be cleaned with a proper solution as not to damage the surface. There is a floor machine at this location that can be utilized for the cleaning of the gym floor. RFP EXHIBIT "B" PUBLIC ENTITY CRIMES STATEMENT UNDER ~ 287.133, FLORIDA STATUTES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida by for (print individual's name and title) (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: } 2. I 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 of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 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 a result of jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. 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 a joint 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. 5. 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 binding contract and which bids or applies to bid on contracts 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIItED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) The foregoing document was sworn and subscribed before me this day of 2009 by ,who is personally known to me or produced as identification. Notary Public My Commission Expires: RFP EXHIBIT "C" PROPOSER'S ACKNOWLEDGMENT SUBMIT ONE ORGINAL AND (~ COPIES OF YOUR PROPOSAL TO: Village of North Palm Beach Attn: Village Manager Village Hall 501 US Highway 1, North Palm Beach, FL 33408 RFP TITLE: Janitorial Services for Village Facilities Proposal must be received PRIOR TO 3:00 P.M. on October 14, 2009, at which time Proposals will be opened. Proposer's Name: (Please specify if a corporation, partnership, other entity or individual) Fed. ID# or SSN: Address: Telephone No.: Contact representative: Fax Number: The undersigned authorized representative of the Proposer agrees to all terms and conditions stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the Proposer will enter into the standard Village contract to provide the services as stated in this proposal and in accordance with the terms and conditions of this RFP. Authorized Representative's Signature Name: Date Position: RFP EXHIBIT "D" PROPOSAL FORM Section One• In accordance with the terms and conditions stated in the Request for Proposal (RFP) requesting all goods and services for Janitorial Services at Village Facilities, the undersigned proposes the following to the Village of North Palm Beach: (proposer's legal name) certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s): Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following-sum on an annual basis: Written Dollar Amount ($. Section Two• For budget purposes and in the event the Village removes a facility from the Scope of Services, the Village is requiring a breakdown of the service fees for each of the Village facilities enumerated therein (the total cost for all facilities should match the cost indicated in Section One - in the event of a conflict, the total cost indicated in Section One shall control): 1. Village Hall 2. Public Safety 3. Library 4. Anchorage Park Activities Building 5. Anchorage Park Modules 6. Anchorage Park Marina Restroom 7. Osborne Park Recreation Building 8. Community Center 9. Tennis Facility 10. Country Club (golf pro shop/golf locker rooms/administration) 11. Country Club Pool (shower rooms) 12. Public Works TOTAL: $ Section Three: Additional Services to be performed upon request: A. Steam clean carpeted areas: $ per square feet or a minimum charge of $ B. Steam clean grouted ceramic the services: $ per square feet or a minimum charge of $, C. Strip and Wax of VCT Tiled surfaces: $ per square feet or a minimum charge of $. D. Clean all exterior windows: $ per square feet or a minimum charge of $. Authorized Representative's Signature Date Name: Position: RFP EXHIBIT "E" CONFIRMATION OF DRUG-FREE WORKPLACE In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals are equal with respect to price, quality, and service which are received by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. In order to have adrug-free workplace program, a business shall: (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's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation; and 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 proposal a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, 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 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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 adrug-free workplace through implementation of this section. As the person authorized to sign this statement on behalf of , I certify that complies fully with the above requirements. Authorized Representative's Signature Name: Position: Date REQUEST FOR PROPOSAL EXHIBIT “F” STANDARD VILLAGE CONTRACT CONTRACT FOR JANITORIAL SERVICES AT VILLAGE FACILITIES VILLAGE OF NORTH PALM BEACH This Contract is made as of the _______ day of _____________, 2009, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, by and through its Village Council, hereinafter referred to as the VILLAGE, and ______________________________________________________, an individual or corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is ________________. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all work necessary for janitorial services at Village facilities pursuant to the terms and conditions of this Contract. SECTION 1 : GOODS AND SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services necessary for janitorial services of Village facilities as required under the VILLAGE’s Request for Proposal and the CONTRACTOR’s proposal thereto, which are attached hereto and incorporated herein by reference and to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. B. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. SECTION 2 : TERM OF CONTRACT. A. This Contract shall be for an initial term of three (3) years from the date first written above unless earlier terminated in accordance with the terms and conditions stated herein. The initial term of this Contract shall automatically extend for an additional two (2) years unless either party notifies the other party at least ninety (90) days prior to the end of the initial term that it does not desire to have the Contract automatically extend for another two (2) years. B. The CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages. SECTION 3 : VILLAGE’S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Director of Public Works. The Village Manager or Village Representative shall have the right at all reasonable times during the term of this Contract to inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being performed. Page 16 SECTION 4 : COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR’s proposal attached hereto and incorporated by reference herein. The total and cumulative amount of this Contract shall not exceed the amount stated in CONTRACTOR’s proposal. B. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services. SECTION 5 : INDEMNIFICATION. A. The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract. B. The CONTRACTOR further agrees to indemnify, save harmless and defend the VILLAGE, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of the CONTRACTOR its agents, servants, or employees not included in the paragraph above and for which the VILLAGE, its agents, servants or employees are alleged to be liable. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. SECTION 6. : PERSONNEL AND EQUIPMENT A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel and equipment required to perform the services under this Contract. B. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. C. All of the CONTRACTOR’s personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. SECTION 7 : TERMINATION. This Contract may be cancelled by the CONTRACTOR upon thirty (30) days prior written notice to the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to the CONTRACTOR. The VILLAGE may also terminate this Contract with written notice of cause to the CONTRACTOR, who fails to cure such cause within ten (10) days of the receipt of the VILLAGE’s notice. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Page 17 services rendered to the VILLAGE’s satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: A. Stop work on the date and to the extent specified; B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; C. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE; and D. Continue and complete all parts of the work that have not been terminated. SECTION 8 : FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased directly by the VILLAGE, the CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE’s Tax Exemption Number in securing such materials. SECTION 9 : INSURANCE. A. Prior to commencing any work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days’ prior written notice to the VILLAGE’s representative. Failure to comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $500,000 per occurrence or $1,000,000 in aggregate to protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. D. The parties to this Contract shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers’ Compensation Insurance and chooses not to obtain same, then such party shall in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker’s Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. Page 18 SECTION 10 :SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. SECTION 11 :DISPUTE RESOLUTION, LAW, VENUE AND REMEDIES. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 12 : INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Services under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR’S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Services. SECTION 13 : ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Services for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. SECTION 14 : NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. SECTION 15 : ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. SECTION 16 : SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. Page 19 SECTION 17 : MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE’s notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONTRACTOR’s ability to meet the completion dates or schedules of this Contract. B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by the contemplated change, pending the VILLAGE’s decision to proceed with the change. C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed by the Village of North Palm Beach. SECTION 18 : PUBLIC ENTITY CRIMES. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-contractor, or CONTRACTOR under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The CONTRACTOR will advise the VILLAGE immediately if it becomes aware of any violation of this statute. SECTION 19 : PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall continuously maintain adequate protection of all work from damage, and shall protect the VILLAGE’s property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. B. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. SECTION 20: WARRANTY/GUARANTY. CONTRACTOR warrants that its goods and services under this Contract will be free of defects in materials and workmanship for a period of one year following the provision of said goods and services. SECTION 21 : COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract. SECTION 22 : NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Page 20 Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: The foregoing names and addresses may be changed if such change is provided in writing to the other party. SECTION 23 : ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. In the event of a conflict between this Contract and the VILLAGE’s Request for Proposal and the CONTRACTOR’s proposal, this Contract shall take precedence with the VILLAGE’s Request for Proposal taking precedence over the CONTRACTOR’s proposal. All such documents shall be read in a manner so as to avoid a conflict. SECTION 24 : WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. SECTION 25 : PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. SECTION 26 : SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. SECTION 27 : WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. Page 21 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRACTOR By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH BY: ________________________________ DAVID NORRIS, MAYOR ATTEST: BY:________________________________ MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: ________________________________ VILLAGE ATTORNEY Page 22 VILLAGE RFP AND CONTRACTOR’S PROPOSAL TO BE ATTACHED AS EXHIBITS Page 23 T _ - ~-c-~- - --~\,~,0 ~ ~~ ~ ~ ~` ~ j ~ T j ~ ''~_,~ ~~~ ~~~,,~i1 MAINTENANCE, INC. f ~fi _.~ .~~~ ~ . o~„ no ~ U,,~~ ~ ~ .. , ~ ~ ~~~ .oa~ - Fti,~ -_ 7 c .: q;;. __ ~ ~~ ', ,3 l; ?~ ___^ ~~ r ~. 1~ _ ~ Y f t s: ~., ~ _ T 't This data. furnished in connection with a request for proposal, shalt not be disclosed in whole or in part to any third party. This restriction does not limit the right of The Village of North Palrn Beach to use information contained in the data if it is obtained from another source without restriction. A Cleaning Program for Village Facilities for the Village of North Palm Beach from Harvard Maintenance Presented to: The Village of North Palm Beach Presented by: Brian Haggerty, P,ccount Manager Harvard Maintenance Date: October 14, 2009 ~9 '~ y `• ~tc~'` ,. i 1 Li ;~ (~'~ ~ ; A i , ~ ~ ~ , , ~ ._.. ._ _~ ~-_~~ ~ ~!' ~ ~ ~ ~/1 MAINTENANCE, INC. October 14, 2009 Village Manager's Office Village Hall 501 U.S. Highway One North Palm Beach, FL 33408 Dear Village Council: We appreciate the opportunity to submit a proposal for janitorial cleaning services to the Village of North Palm Beach. With over 50 years of extremely successful operation in the cleaning industry, Harvard Maintenance brings tremendous experience to serve and help the Village of North Palm Beach achieve it's cleaning services objectives. Our core customers are clients just like the Village of North Palm Beach, who are seeking a partner who can provide a superior value in janitorial services with an emphasis on high quality and cost control. Harvard's commitment to strive for continuous improvement in the areas of quality, productivity, efficiency, and cost-management assure that we will be along-term asset for the Village. ®ur Qualificati®tas Our unique approach to janitorial maintenance incorporates our cost neutral green cleaning program, quality assurance procedures, emphasis on worksite safety, ongoing training and the latest in technology into every cleaning program, regardless of size. Our 5000 plus employees clean over 140 million square feet daily in 26 states across the US, including Florida. ' Harvard Maintenance is GS-42 certification, this highly coveted certification is your guarantee that our products, procedures and processes comply with the environmental and performance requirements of the Green Seal Environmental Standard for Cleaning Services. We have also ' achieved ISO 9001:2000 certification, guaranteeing our quality assurance program incorporates processes that assure accountability and tangible results. ' ®up ~®mmiitmertt Harvard Maintenance was founded to provide honest value in maintenance services. This proposal is our professional and personal commitment to serve you and provide the Village with ' the following assurances: 1. Harvard Maintenance is licensed and qualififed to provide and complete all the services requested under this RFP, ' 2. Harvard Maintenance is able to meet and will comply with all the applicable laws, rules, regulations and ordinances of the Village, Palm Beach County, the state of Florida, and ' 3. Harvard Maintenance will meet the insurance requirements stated by the Village Council. 3045 fVorth Federal Highway, Building 42 ° Ft Lauderdale, Florida 33306 ®954.396.4988 Fax 954.396.4966 ,, , ... ~ _ ' MAINTENANCE, INC. ' The Villa e of North Palm Beach 9 ' October 14, 2009 Page 2 Acc®unt ®Pgani~ati®n ' The Southeast Regional Manager, Scott Hartley, based at the Harvard Regional office in Fort Lauderdale will have lead responsibility for the Village of North Palm Beach's facility cleaning program. Cornell Zet, our Southeast Director of Operations will oversee the cleaning program on a regular basis, in support of Area Manager Cintia Iglesias and the site supervisor. This structure will ensure that the Village of North Palm Beach facility receives significant, consistent senior level attention. Upon award of contract, a qualified site supervisor and cleaning ' staff will be selected from the North Palm Beach area, with the approval of the Village of North Palm Beach's facility management. ' We look forward to your favorable response, and to becoming a valued part of your service team. If you have any questions please feel free to contact me personally at 954-553-5574, or by a-mail ' at bhaggerty@harvardmaint.com. Sincerely, ~~1.t~L~nn. Brian Haggerty ' Account Executive Harvard Maintenance, Inc. 3045 North Federal Highway, Building 42 ° Ft Lauderdale, Florida 33306 ~ 954.396.4988 Fax 954.396.4966 Table of Contents Tlae i.711age of ,North Aah++ t3each. October 14. ZOf19 Exhibits B - E ................ References .................... Equipment ..................... ~~~ ~ r-~ ~ MAINTENANCE, INC. ........................................ 1 ........................................ 3 APPENDICES TABBED SECTION Addendum 1 ...................................................... Certificate of Insurance-SAMPLE ................... Work Ticket-SAMPLE ...................................... Building Inspection-SAMPLE .......................... GS-42 Certificate ~ IS® 9001:2000 Certificate. i r r 7 0 C~ L i ~X~1~1tS ® ~ ~~, ~ -~ ~; ~\ ~~ \,~~ MAINTENANCE, INC. L-1 l7ie 1'i/lage q% rVorllz /'alnA Beach. Oclaher 1 ~. 2009 ~ f111~ ~~~~~~~~, 97 /r.i....,~.a 1 RFP EXHIBIT "B" PUBLIC ENTITY CRIMES STATEMENT UNDER ~ 287.133, FLORIDA STATUTES 1. This sworn statement is submitted to the Village of North Palm Beach, Florida (print individual's name and title) for Harvard Maintenance, Inc. by Scott Hartley, Southeast Regional Manager (print name of entity submitting sworn statement) whose business address is 3045 No. Federal Hwy, Bldg #42, Ft. Lauderdale, FL 33306 and (if applicable) its Federal Employer Identification Number (FEIN) is:13 -1954 8 6 0 (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I 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 of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 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 a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. ' 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or ' b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. 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 a joint 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. 5. 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 ' Page 10 to enter into binding contract and which bids or applies to bid on contracts 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE} ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO~Y CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. °~ ~ ~ ~ mature The foregoing document was sworn and subscribed before me this 12th day of 2009 2009 by Scott Hartley ,who is personally known to me or produced ,~ ~,d a ~ ~ , `l~a"~~ as identifications ~ Notary blic My C mission Expires: oog~~ °~v~e~ Nia6ody ~. ~asaaoova-13rooka ~$. ';a C®rnmossi®~ ®®590172 -°4 ptembar Za, 2010 "°~~• ~~ Expires Se ~ 805505.7095 )p'•(•~•e.°' oe EwIP =la~yFaa63,I 6 ~UB1~g 00~,P~N~@~ l~'o~ Page 11 RFP EXHIBIT "C" PROPOSER'S ACKNOWLEDGMENT SUBMIT ONE ORGINAL AND (2 )COPIES OF YOUR PROPOSAL TO: Village of North Palm Beach Attn: Village Manager Village Hall 501 US Highway 1, North Palm Beach, FL 33408 RFP TITLE: Janitorial Services for Village Facilities Proposal must be received PRIOR TO 3:00 P.M. on October 14, 2009, at which time Proposals will be opened. Proposer'sName: Harvard Maintenance, Inc. (Corporation) (Please specify if a corporation, partnership, other entity or individual) Fed. ID# or SSN: 13 -1954 8 6 0 Address:3045 No. Federal Hwy, Bldg #42,Ft. Lauderdale, FL 33306 TelephoneNo.: 954 396-4988 Contact representative: Brian Haggerty Fax Number: 9 5 4 3 9 6- 4 9 6 6 The undersigned authorized representative of the Proposer agrees to all terms and conditions stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the Proposer will enter into the standard Village contract to provide the services as stated in this proposal and in accordance with the terms and conditions of this RFP. f;.E~y • 10/13/09 Authorized Representative' ignature Date Scott Hartley Name: Page 12 Southeast Regional Manager Position: RFP EXHIBIT "D" PROPOSAL FORM Section One• In accordance with the terms and conditions stated in the Re uest for Pro osal q P (RFP) requesting all goods and services for Janitorial Services at Village Facilities, the undersigned proposes the following to the Village of North Palm Beach: Harvard Maintenance, Inc . (proposer's legal name) certifies that it is licensed t to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s): F 0 6 0 0 0 0 0 0 9 4 6 Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following sum on an annual basis: Seventy Two Thousand and Ninety Six and 00/100 Written Dollar Amount ($ 72, 096.00 ) Section Two• For budget purposes and in the event the Village removes a facility from the Scope of Services, the Village is requiring a breakdown of the service fees for each of the Village facilities enumerated therein (the total cost for all facilities should match the cost indicated in Section One - in the event of a conflict, the total cost indicated in Section One shall control): 1. Village Hall $ 10 , 8 81.0 0 2. Public Safety $ 19, 874 .00 3. Library $ 13 , 9 0 9.0 0 4. Anchorage Park Activities Building $ 2 , 5 9 5. 0 0 5. Anchorage Park Modules $ 4, 0 2 8. 0 0 6. Anchorage Park Marina Restroom $ 8 8 8 . 0 0 7. Osborne Park Recreation Building $ 2 , 902.00 8. Community Center $ 8, 7 4 9. 0 0 9. Tennis Facility $ 1, 3 9 5. 0 0 10. Country Club (golf pro shop/golf locker rooms/administration) $ 2 , 3 21.0 0 11. Country Club Pool (shower rooms) $ 2 , 10 7. 0 0 12. Public Works $ 2 , 4 4 7.0 0 TOTAL: $ 7 2, 0 9 6. 0 0 Page 13 Section Three• Additional Services to be performed upon request: A. Steam clean carpeted areas: $ 0.11 per square feet or a minimum charge of $ 6 5 . 0 0 B. Steam clean grouted ceramic the services: $ 0 . 0 8 per square feet or a minimum charge of $ 6 5 . 0 0 C. Strip and Wax of VCT Tiled surfaces: $ 0.17 per square feet or a minimum charge of $ 6 5. 0 0 D. Clean all exterior windows: $ 0.015 per square feet or a minimum charge of $ 6 5 . 0 0 C~ c~ r Authorized Repres/envtative' Si ature Scott Hartley Name: 10/13/09 Date Southeast Regional Manager Position: Page 14 i 1 RFP EXHIBIT "E" ' CONFIRMATION OF DRUG-FREE WORKPLACE In accordance with Section 287.087, Florida Statutes, whenever two or more Proposals ' are equal with respect to price, quality, and service which are received by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented adrug-free workplace program shall be t given preference in the award process. In order to have a drug-free workplace program, a business shall: ' (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's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and 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 proposal a copy of the statement specified in subsection (1). ' (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction 1 of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no ' later than 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 adrug-free workplace through im lementation of this section p . As the person authorized to sign this statement on behalf of Harvard Maintenance , Inc . ' I certify that Harvard Maintenance, Inc . complies fully with the above requirements. ' 10/13/09 Aut orized Rerresentati Signature Date ' Scott Hartley Southeast Regional Manager Name: Position: Page 15 1 ~ lZeferences ~ g C,t~}7~~~j-p ~`i°~; f" ®~~lL..~l~ls~ ~~~~ _._~ ti F 1. O y~K ~: t I.) A ''~ Pro ress Ene ~= ~a 9 ~JY ~ ~ulZolt~ PUBLIC ' tao~~~m,~,~„~, LIBR~Y 7/ie 1'iUage q/Norlfz Perlrre Beach. October Id, 2009 ~ ,. I i ~ \ ~,_LL,~_.L~. ~ l~ _.. ~1 _. MAINTENANCE, INC. ~~9TY®®oF ®~~p~~~Aq~® ~~~Ra ~ 9~ MI6®IA`ta A~J e~y d®y®®® a3~~ ~T Ms. Maggie Turner Purchasing Specialist 3650 NE 12th Avenue Oakland Park, FL 33334 954-630-4256 Bill Monahan Alliance Director 299 1 st Avenue N. Suite PEF 144 St. Petersburg, FL 33701 Services: Janitorial 727-820-5144 bill.monahanCa~pgnmail.com ,gypp ~~®I~~ ~~q~~~~ ~~~I~A~~ Mr. Paul Boutross Maintenance Manager Aurora, IL 60504 Services: Janitorial (630) 264-4130 ~~ ~: 1 (~®~u¢6ooas~~9) ~~~ ' A1t~ioa District PnUlic L tbrnr„}- ~ ``~;~ . . ~~. r ,~ r _ _---~ The Pillage o/~NorAa F'alrrr H ~P~P9~2~ ,_e.__._,_~.e _~ ~ll~~~~~ ®~ R®~~~~~ ®~~~~~ ~®~I ~s~ ®~~ART~~T Roselle, IL 60172 Type of facility:.... ... Public Agencies Size :..................... ...12,000 square feet Service(s) :........... ... Janitorial Years serviced:.... ... 8 Contact :............... ... Ms. Jimmy Lee (630) 980-2048 ~~_~ ~ '~ J ~_! ,l _ J/ MAINTENANCE, INC. .. vat~6x / I Moselle TrnANlon Fleets TamorroH ~~~~~~~ ~~ ~~~~T~~~ ~t~~~~ ~~Q~6~ 137 W Wood St Palatine, IL 60067 Type of facility ........ Metro Station Size :........................ 150,000 square feet Services(s) ............. Janitorial Areas :..................... Train Station and Parking Garage Years of Service:.... 5 Contact :.................. Ms. Martha Curnow (847) 382-6133 mcurnowCa~hamiltonpartners.com ~~®[~ ~~9~~8~ ~8~~3~G3~ Zion, IL 60099 Type of facility ........ Library Size :........................ 30,000 square feet Services(s) ............. Janitorial Years of Service:.... 5 Contact: Mr. Jim Balsamello (847) 872-4680 each. October 1 d, 2009 2 _ .~ - ~ f 1 l; ~ -~, - II~~ ~ ~ i, , ~, ~~ ~ ~ ~ ~ MAINTENANCE, INC. Backpack Vacuum Cleaners Upright Vacuum Cleaners 52" - 81" Extendable Dusters Dust Mops Rubbermaid Buckets, Caddies And Wringers Yellow Microfiber Cleaning Clothes Blue Microfiber Cleaning Clothes Bowl Mops 24oz Bottle Assemblies W/Sprayer 12" Golden Clip Brass Window Squeegees Floor Squeegees With Handles Janitor Carts 20" Floor Pads 19" Carpet Bonnets Plastic Push Brooms 24" Toy Brooms Plastic Toilet Bowl Brushes Telescopic Extension Poles for High Dusting The YiUage ojNorllr Pant /3ecrch. October ld, 2009 ~7r~i ~~p y ~' a 3 ~~! 1 1 1 Addendum Acknowledgement Form I acknowledge and accept the following Addendum: Addendum 1 Provided October 8, 2009 Please include this acknowledgement as part of your Bid. ' October 12, 2009 Contractors' Signature Date c~ntt Nartl E'~'_r ~out-h amt RPai oval Manager Contractor's Name and Title (please print) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 This certificate is executed b Li Mutual Insurance t3rou as s such insurance as is afforded those cum ies. BM0068 Certificate of Insurance This certificate is issued as a matter of infotmatitm only ertd confers no rigtrts upon you the certificate holder This certificate is not an instaance policy and does not amend, extend, or alter the coverage afforded the licies listed below. rms is to certify that (Name and address of Insured) HARVARD MAINTENANCE INC 570 7TH AVENUE NEW YORK,NY 10018 is trot altered b an uiremert, temt or Ex iratfon T e Continuous" Extended X Policy Term :• Liberty 1-lurM to all their tams, exclusions arat conditions end 09!30!2007 / 09/30/2008 WC7-121-09283 i-017 Coverage afforded under WC law of Employers Liability the following states: Bodily Injury By Accident AZ, FL, IL, MD, MI, MN, NC, Nl, old PA, $1,000,000 , Each Accident TX, UT Bodily Injury By Disease $1,000;000 Policy Limit Workers Compensation Bodily Injury By Disease $1,000,000 Each Person !0/01/2007! l0/O1/2008 EB1-121-092831-037 General Aggregate-Other than ProdiCompleted Operations General Liability $2,000,000 ProductslCompleted Operations Aggregate Claims Made $2 000 000 X Occurrence Bodily Injury and Property Damage Liability Per $1 000 000 Occurrence Retro Date Personal and Advertising Injury Per Person / $1 000 000 O anization Other Liability Other Liability Io/o1/2007 / t0lOtl2oo8 Ast-lz1-092831-oa7 Each Accident -Single Limit - B. I. and P. D. Combined Automobile Liability $1 000,000 X Owned Each Person X Non-Owned Each Accident or Occurrence X Hired Each Accident or Occurrence Umbrella Excess Liability 10!01/2007 / 10/01/2008 TH2-621-092831-057 BI, PD, PI & AI Liability $20,000,000 General Aggregate $20,000,000 ProdsJCom 1.0 ts.A $20,000,000 ".°CANCELLAT[ON CLAUSE DOES NOT APPLY TONON-PAYMENT OF PREMIUM°t° "SUBJECT TO ALL OF THE POLICY'S TERMS, CONDITIONS" "GENERAL LIABILITY SELF 1N5URED RETENTION LIMIT: $150,000 C O , M M E N T S nonce or cartceneuon: prat appucabte unless a mrmber of days is entered 6etow) . Before the stated expiration date the company will trot cancel or reduce the iraurance afforded under the above policies until et least 30 days rrotice of such carxellatioh has been mailed to: Office: NEW YORK, NY Phone: 212-391-7500 ~~,~~- Certificate Holder: LANI 5TANBERY Harvard Maintenance Inc. !SAMPLE Authorized Re resentative 570 7th Ave New York, NY 10018 Date Issued: 01/23/200.8 Prepared By: CW Harvard Maintenance, Inc. 570 Seventh Avenue New York NY 10018 Younan Properties 200 N LaSalle 200 N, LaSa//e Suite 1800 Chicago IL 60601 (847)585-8000 Phone Merge onto I-90 E toward CHICAGO, Take the EAST OHIO ST exit- EXIT 508, Stay STRAIGHT to go onto W OHIO ST., Turn RIGHT onto N LASALLE BLVD / N LASALLE ST. Continue to follow N LASALLE ST. Work Description: Work Ticket Reference Number: 2916 General Information: ]ob Number: 1039b Schedule Date: 12/01/07 Billable: No Route: Night Crew Frequency: Monthly Section: Requested By: Patricia Lange, Senior Property Manager Job Supervisor: IL200LaSalle- Beata Cygan Task Name: Monthly Services STAIRWELLS Damp mop stairs and landings. High dust ceiling corners and edges, light fixtures and vents. TENANT SUITES Squeegee clean all interior glass partitions and doors. Dust high partition ledges, moldings, picture frames, shelves, diffusers, ceiling corners and edges and walls. Vacuum all edges and corners of carpeting. TENANT LUNCHROOM AND BREAK AREAS Clean doors, door frames and light switches. High dust high partition ledges, moldings, picture frames, shelves, diffusers, ceiling corners and edges and walls. RESTROOMS Wash and sanitize partitions and receptacles with germicidal disinfectant detergent. Clean ceiling vents and diffusers. High dust ceilings, walls, corners and edges. Start Date Date Completed Work Completed by Verified By Budget Hours Actual Hours 0.00 -~ . ~~ i~A 1, '' t Harvard Maintenance, Inc. 570 Seventh Avenue New York NY 10018 Younan Properties 200 N LaSalle 200 N, LaSa//e Suite 1800 Chicago IL 60601 (847)585-8000 Phone ~, _ ~ , '.~ Work Ticket Reference Number: 2917 General Information: Job Number: 1039b Schedule Date: 12/01/07 Billable: No Route: Night Crew Frequency: Monthly Section: Requested By: Patricia Lange, Senior Property Manager Job Supervisor: IL200LaSalle- Beata Cygan Task Name: Floor Care Merge onto I-90 E toward CHICAGO, Take the EAST OHIO ST exit- EXIT SOB, Stay STRAIGHT to go onto W OHIO ST., Turn RIGHT onto N LASALLE BLVD / N LASALLE ST. Continue to follow N LASALLE ST. Work Description: CORRIDORS- 30 FLOORS AS NEEDED BUT NOT LESS THEN MONTHLY EXTRACT/CLEAN ALL CARPET IN THESE AREAS Start Date Date Com®leted Work Completed by Verified By Budget Hours Actual Hours D.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Harvard Maintenance, Inc. 570 Seventh Avenue New York NY 10018 Younan Properties 200 N LaSalle 200 N, LaSa//e Suite 1800 Chicago IL 60601 (847)585-8000 Phone Merge onto I-90 E toward CHICAGO, Take the FAST OHIO ST exit- EXIT 506, Stay STRAIGHT to go onto W OHIO ST., Turn RIGHT onto N LASALLE BLVD / N LASALLE ST. Continue to follow N LASALLE ST. Work Description: LOBBY AND CORRIDOR Machine scrub all hard surface floors. Work Ticket Reference Number: 2915 General Information: ]ob Number: 1039b Schedule Date: 12/25/07 Billable: No Route: Night Crew Frequency: Quarterly Section: Requested By: Patricia Lange, Senior Property Manager ]ob Supervisor: IL200LaSalle- Beata Cygan Task Name: Floor Care Start Date Date Completed Work Completed by Verified By Budget Hours Actual Hours 0.00 ~_ ~r~~j, ' .ii%! ~~~ ~ ~' ` ' ~~ Submit to OCC- HCS Print Form A `~, Building Inspection _________ _____ C Union (' Non Union Date Inspected ey ' Customer No. Customer Name Job No. Job Name 1 Areas Inspected Needs Fair Good Excellent Points Given Notes Improvement Entrances, lobbies, elevators (doors, walls, floors, glass and 0-5 6-10 11-16 17-18 metal surfaces) Common areas, corridors, stairwells (baseboards, floors, fixtures, walls, doors, steps, 0-5 6-12 13-21 22-23 landing, railings, tread grooves) Offices, conference rooms, cubicle areas (furniture, floors, carpets, phones, lamps, walls, doors, wastebasket, and sinks, 0-5 6-10 11-16 17-18 countertops, dispensers, appliances - if applicable) Restrooms (dispensers, sinks, floors, metal, mirrors, partitions, toilets, urinals, waste cans, walls, 0-14 15-18 19-21 22-23 doors, louvers, vents) Breaks rooms, cafeterias, eating areas, snack bars (sinks, chairs, lamps, walls, doors, wastebasket, 0-5 6-10 11-16 17-18 countertop, table top, floors) Total Points Scored 1 Maximum attainable score is 100 points. A Corrective Action Request Form will be initiated for total score less than 80 points for union buildings and 75 points for all other buildings. Areas Inspected Needs Fair Good Excellent Points Given Notes Improvement Supply rooms, janitor closets All requirements must be (clean, organized, adequate met to receive any points supplies, equipment in good 0 for this category. Use "N/A" 5 condition) if closets not accessible. Safety (PPE and safety sign All safety requirements available and used, current 0 must be met to receive any 5 MSDS, Hazcom plan, labeled points in this category. bottles, safety techniques used) Communications log, company All requirements must be forms available, current 0 met to receive any points in 5 schedules, specifications this category. available Total Points Scored ' A category is given a score of 0 or 5 points only if all requirements of the category are met. A Corrective Action Request Form must be initiated for any score of 0. 4.305.0 Page 1 1 Building Inspection -Feedback & Comments Date ~®~ Inspected By ~- Customer No. Customer Name Job No. Job Name Customer Feedback Inspection Comments i 1 1 4.305.0 Page 2 ,~ ~, 1 _~ :~. . ~nviranmentar Certification Presented to HARVARD MAINTENANCE, INC. Green Sea1TM, Inc. certifies that the following program complies wifh the Green Seal Environmental Standard for Cleaning Services (GS-42} and is licensed to use~the Green Seal Certification Mark: Harv~rdGREEN Certified this bt}e day of Nnvembcr, 2Q~. -~~. Mack ~'. Petruzzi, Vice Preside~ait ~f Certification 1 1 1 1 1 1 '. ' 9y~~F .: } .... i ~ ~~~ y~~ ~ ... 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