HomeMy WebLinkAboutMSA Cleaning Systems, Inc. - Janitorial Services Contract 2017 02 22 U
CITY OF WINTER SPRINGS
,JANITORIAL SERVICES CONTRACT,
THIS JANITORIAL SERVICES CONTRACT is entered into by and between the
City of Winter Springs ("City") and MSA Cleaning Systems, Inc. ("Contractor"). The
Contractor's address is 7025 CR 46 A, Suite 1071-367,Lake Mary,FL 32746.
WHEREAS, the City and Contractor desire to enter into this Contract for the purpose
of securing Contractor's janitorial services for the City Hall building located at 1126 East
State Road 434 and the Public Works Operations Building located at 150 Hartman Lane, all
within Winter Springs,Florida;and
WHEREAS, the City and Contractor desire to set forth their mutual understanding of
the terms and conditions of their agreement as set forth herein;and
IN CONSIDERATION of the mutual promises and understanding contained in this
contract,the City and Contractor hereby agree as follows:
1. DESCRIPTION OF SERVICES TO BE PROVIDED: In consideration of the
compensation received under this contract, the Contractor will provide the janitorial
services for the City Hall building (1126 East State Road 434) and the Public Works
Operations Building (150 Hartman Lane), described in the "Janitorial Duties
Specifications" attached hereto as Exhibit "A" and incorporated herein by this
reference.
2. PERIOD OF PERFORMANCE:
a. The period of performance under this Contract shall be from March 1, 2017
through February 28, 2018, unless sooner terminated or extended as provided
herein.
b. The City reserves the right to extend this contract for three additional one (1) year
terms or portions thereof. Such contract extensions shall be subject to mutual
agreement as to the terms and any price adjustments, which shall be memorialized
in writing and executed by both parties hereto. The Contractor shall respond in
writing within fifteen (15) calendar days following receipt of the City's request for
extension.
3. COMPENSATION:
a. Amount: In exchange for the services provided pursuant to Section 1 of this
contract, the City shall pay the Contractor $750.00 per month for the cleaning of
the City Hall Building and $360.00 per month for the cleaning of the Public Works
Operations Building. This will be the total compensation paid to the Contractor
except for payments,if any,made under subparagraphs 3.b. and c. below.
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b. Additional-.Services: The City may request the Contractor to provide additional
services pursuant to the Response Form, as supplemented, submitted by the
Contractor.
c. Additions ITITmor,mmDeletions: The City may, by written change notice, add or delete
facilities, areas, or service requirements of this contract. Such changes shall be
negotiated on the basis of a prorated price consistent with the original price
contained in the Contractor's Response Form, as supplemented.
4. PAYMENTS: Payment shall be made upon receipt of monthly invoices submitted by
the Contractor. Full payment to the Contractor will be made only after work is
satisfactorily performed. Payments will be considered timely if made by the City within
30 days of receipt of each such invoice.
5. RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to this
contract will be subject to and governed by the terms of this contract and Exhibit A —
janitorial Duties Specifications as referenced and hereby incorporated into this contract.
In the event of an inconsistency in this contract, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) terms of
this contract,and (b) Exhibit A—Janitorial Duties Specifications.
6. SUPERVISION/EMPLOYEES:
a. The Contractor will perform all work under this contract with his/her own
employees and will assign a supervisor who will oversee the work performed under
this contract and.will have authority to represent the Contractor in dealing with the
Contract Manager or his/her designee. The name, address and telephone number
of the supervisor will be furnished to the City.
b. All employees working on site at the City's property will be required to have had
and passed background checks prior to working on this site. A copy will be
provided to the City only if it includes a listing of a Felony conviction and the
Contractor would like to employ the individual on this site. The City reserves the
right to request copies of any and all background checks on employees or
subcontractors.
C. All Subcontractors employed by the Contractor for work at this site must be
approved by the City and are subject to background verification.
d. The Contractor shall prohibit his/her employees from disturbing papers on desks,
opening desk drawers or cabinets,or using telephone or office equipment.
e. The Contractor is responsible for the security of the facility during the performance
of these services and shall ensure that all facility exterior doors remain locked
during his or her work hours and upon Contractor's departure from facility.
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f. The Contractor will ensure that industry accepted safe practices are followed in
performance of the work, including but not limited to, placing appropriate signage
warning of wet or newly waxed floors. After each period of cleaning and other
services, the areas shall be inspected for fire hazards, unnecessary lights shall be
turned off, and outside doors and windows closed and locked.
g. The Contractor hereby accepts responsibility for all key cards or keys issued to the
Contractor. The Contractor also agrees that no duplicate key cards or keys will be
made and the Contractor will be responsible for the return of any key cards or keys
that may have been provided to the Contractor's employees who terminate
employment with his firm.
h. The Contractor shall prohibit all unauthorized personnel on campus.
i. By mutual agreement between the City and the Contractor, appropriate action will
be taken concerning employees that disregard the contents of the foregoing
subparagraphs, who are incompetent, careless and/or insubordinate and do not
exhibit proper dress and decorum expected in city owned facilities.
7. HOURS OF WORK: Janitorial services, except outside work and work done on
Saturdays, Sundays and Holidays, shall be performed to completion between the hours
of 4 p.m. and 8 a.m. unless otherwise specified herein or agreed upon. If services are
scheduled for city holidays, they will be performed the following night. Upon request, a
responsible representative of the Contractor shall be available during office hours for
joint inspection of the premises,consultation and/or receipt of instructions.
8. EQUIPMENT AND SUPPLIES:
a. Unless otherwise specified herein, the City shall provide supplies,including but not
limited to, toilet tissue, paper towels, toilet seat covers, and plastic trash bags. The
Contractor shall make arrangements to secure the supplies furnished by the City.
No supplies furnished by the City will be removed from the premises. The City
will provide a janitorial closet for use by the Contractor.
b. The Contractor shall supply all necessary tools, equipment, waxes, strippers,
cleaners,brooms,mops,buckets,buffers and all other tools and supplies not stated
herein as being supplied by the City. Materials shall be first quality, shall give good
service and shall give results satisfactory to the City.
9. INSURANCE: Upon the effective date of this Agreement, Contractor shall be
required to provide proof of insurance as follows:
a. Worker's Compensation coverage in at least the minimum amounts, as required by
Florida Statutes.
b. General Liability coverage due to bodily injury or death of any person or property
damage arising out of this Contract or any Services provided hereunder. The
insurance shall have minimum limits of coverage of$1,000,000.00 per occurrence.
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The insurance required by this section shall include the liability and coverage
provided herein, or as required by law, whichever requirements afford greater
coverage. All of the policies of insurance so required to be purchased and
maintained for the certificates (or other evidence thereof) shall contain a provision or
endorsement that the coverage afforded will not be canceled, materially changed or
renewal refused until at least thirty (30) days' prior written notice has been given to
the City and the Contractor by certified mail, return receipt requested. All such
insurance shall remain in effect until final payment. Unless agreed to by the City to
the contrary, the City shall be named on the foregoing insurance policies as
"additional insured." The Contractor shall cause its insurance carriers to furnish
insurance certificates specifying the types and amounts of coverage in effect pursuant
hereto,the expiration dates of such policies,and a statement that no insurance under
such policies will be canceled without thirty(30) days' prior written notice to the City
in compliance with other provisions of this Agreement. For all Services performed
pursuant to this Agreement, the Contractor shall continuously maintain such
insurance in the amounts, type, and quality as specified herein. In the event
Contractor fails to maintain said insurance, City, at its option, may elect to terminate
this Agreement by written notice to Contractor.
c. All employees working on City premises must be bonded (minimum$25,000).
10. NON-EXCLUSIVITY:
a. Nothing contained in this contract shall be construed to limit in any way the City's
right to contract for the same or similar services for which the Contractor is
engaged hereunder during the term of this contract under any terms and
conditions, including, but not limited to any compensation, as the City may, in its
sole discretion,deem appropriate.
b. Nothing contained in this contract shall be construed to limit in any way the
Contractor's right or ability to make its services available to the general public
during the term of this contract or to enter contracts or other agreements with any
other individual or entity.
11. COUNTERPARTS: This contract is to be executed in duplicate, and each duplicate
shall be considered an original copy of this contract by each party for all purposes.
12. ENTIRE AGREEMENT: This contract contains all the terms and conditions agreed
upon by the parties. All items incorporated in this agreement by reference are attached.
No other understandings,oral or otherwise, regarding the subject matter of this contract
shall be considered to exist or to bind any of the parties to this agreement unless
otherwise stated in this contract.
13. SOVEREIGN IMMUNITY: Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the
City's right to sovereign immunity under section 768.28, Florida Statutes, or other
limitations imposed on the City's potential liability under state or federal law. As such,
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the City shall not be liable under this Agreement for punitive damages or interest for the
period before judgment. Further, the City shall not be liable for any claim or judgment,
or portion thereof, to any one person for more than two hundred thousand dollars
($200,000.00), or any claim or judgment,or portion thereof,which,when totaled with all
other claims or judgments paid by the State or its agencies and subdivisions arising out
of the same incident or occurrence, exceeds the sum of three hundred thousand dollars
($300,000.00). This paragraph shall survive termination of this Agreement.
14. ATTORNEYS' FEES: Each party hereto agrees to be responsible for its own
attorneys' fees and costs related to any litigation arising out of this Contract.
15. GENERAL TERMS AND CONDITIONS
a. ADVANCE PAYMENTS PROHIBITED: No payment in advance or in
anticipation of services to be provided under this contract shall be made by the City.
b. ASSIGNMENT: The Contractor shall neither assign this Contract not any
claim arising under this contract without the previous written consent of the City.
c. CHANGES AND MODIFICATIONS: Any change or modification to this
contract must be in writing and signed by both parties.
d. CONTRACTOR NOT EMPLOYEE OF THE CITY: The Contractor and
his or her employees or agents performing under this contract are not employees or
agents of the City. The Contractor will not hold himself/herself out as nor claim to be
an officer or employee of the City by reason of this contract.
e. FAILURE TO PERFORM/BREACH OF CONTRACT: In the event non-
performance or unsatisfactory performance by the Contractor of any obligation of this
Contract or the Contractor is in substantial non-compliance with any of its terms, the
City may terminate this Contract under the TERMINATION FOR CAUSE clause.
PROVIDED, that the City shall provide written notice to the Contractor of said non-
performance or unsatisfactory performance or substantial non-compliance.
PROVIDED FURTHER, the Contractor shall have five (5) days after such notice to
cure said failure or non-compliance. PROVIDED FURTHER, THAT A MAJOR
VIOLATION OF THE CONTRACT SPECIFICATIONS DEALING WITH
BUILDING SECURITY COULD RESULT IN IMMEDIATE TERMINATION OF
THIS CONTRACT WITHOUT THE FIVE (5) DAY NOTICE REQUIREMENT.
f. GOVERNING LAW: This contract shall be construed and interpreted in
accordance with the laws of the State of Florida. The venue of any action brought
hereunder shall be in the Superior Court of the State of Florida for Seminole County.
g. INDEMNIFICATION: The Contractor shall protect, indemnify, and save
the City harmless from and against any damage, cost or liability including reasonable
attorney fees, for injuries to persons or property arising from acts or omissions of
Contractor, his employees, agents or subcontractors, howsoever caused. The
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Contractor will be responsible for any damages sustained by his employees to City
equipment and/or fixtures and shall provide all repairs/replacements, as appropriate, at
no cost to the City.
h. INDEPENDENT STATUS OF CONTRACTOR: The parties to this
contract,in the performance of it,will be acting in their individual capacities and not as
agents, employees, partners, joint venturers, or associates of one another. The
employees or agents of one party shall not be considered or construed to be the
employees or agents of the other party for any purpose whatsoever.
i. INDUSTRIAL INSURANCE COVERAGE: The Contractor shall provide
or purchase industrial insurance coverage prior to performing work under this contract.
The City will not be responsible for payment of industrial insurance premiums or for
any other claim or benefit for this Contractor or any subcontractor or employee of the
Contractor which might arise under the industrial insurance laws during the
performance of duties and services under this contract. If the Department of Labor
and Industries, upon audit, determines that industrial insurance payments are due and
owing as a result of work performed under this Contract, those payments shall be made
by the Contractor, the Contractor shall indemnify the City and guarantee payment of
such amounts.
j. LICENSING, ACCREDITATION AND REGISTRATION: The
Contractor shall comply with all applicable local, state, and federal licensing,
accreditation, and registration requirements/standards, necessary for the performance
of this contract.
k. NONDISCRIMINATION: During the performance of this contract, the
Contractor shall comply with all federal and state nondiscrimination laws, regulations
and policies in the administration of this contract.
1. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the
event of the Contractor's noncompliance or refusal to comply with any
nondiscrimination law, regulation, or policy in the administration of this contract, this
contract may be rescinded, canceled or terminated in whole or in part, and the
Contractor may be declared ineligible for further contracts with the City. The
Contractor shall, however, be given a reasonable time in which to cure such
noncompliance.
m. RECORDS, DOCUMENTS, AND REPORTS: The Contractor will retain all
books, records, documents, and other materials relevant to this contract for six years
after settlement and make them available at all reasonable times to inspection,review, or
audit by personnel authorized by the City, federal officials and other officials so
authorized by law.
n. REGISTRATION WITH DEPARTMENT OF REVENUE: The Contractor
shall complete registration with the State of Florida, Department of Revenue and be
responsible for payment of all taxes due on payments made under this contract.
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o. SAFEGUARDING OF INFORMATION: The use or disclosure by the
Contractor of any information obtained as a result of performance under this contract
concerning the City for any purpose not directly connected with the administration of
the City or the Contractor's responsibilities with respect to services provided under this
contract is prohibited except by written consent of the City.
p. SEVERABILITY: If any provision of this contract or any provision of any
document incorporated by reference shall be held invalid, such invalidity shall not affect
other provisions of this contract which can be given effect without the invalid
provision,and to this end the provisions of this contract are declared severable.
q. SUBCONTRACTING: The Contractor shall not enter into subcontracts for
any of the work contemplated under this contract without obtaining prior written
approval from the City.
r. TERMINATION - GENERAL: This contract may be terminated without
cause by either the City or the Contractor upon sixty (60) days written notice.
s. TERMINATION FOR CAUSE: The City may, by written notice, terminate
this contract for cause,in whole or in part, for failure of the Contractor to perform its
obligations under this contract, subject to the provisions of paragraph 6 above. In such
event, the Contractor shall be liable for damages as authorized by law.
t. TERMINATION PROCEDURE: After receipt of notice of termination, and
except as otherwise directed by the City,the Contractor shall:
i. Stop work under this contract on the date and to the extent specified
in the notice;
ii. Place no further orders for materials, services, or facilities except as
may be necessary for completion of such portion of this contract as is not
terminated;
iii. Complete performance of any part of this contract as shall not have
been terminated by the City;
iv. Take all action as may be necessary, or as the City may direct, for the
protection and preservation of property of the City which is in the possession of the
Contractor.
Unless otherwise provided in this contract, the City shall pay to the Contractor the
agreed upon price for services provided to the City prior to the effective date of
termination,unless the termination is for cause,in which case the City shall determine the
extent of liability. The City may withhold from any amounts due the Contractor for
services such a sum as the City determines to be necessary to protect the City against
potential loss or liability. The rights and remedies of the City provided in this clause shall
not be exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
16. TREATMENT OF ASSETS:
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a. Title to all property furnished by the City shall remain in the City.
b. Title to all property furnished by the Contractor shall remain in the Contractor.
c. Any property of the City furnished to the Contractor shall, unless otherwise
provided herein, be used only for the performance of this Contract during the period
the Contract is in force.
d. The Contractor shall be responsible for any loss or damage to property of the
City (including all related expenses) which results from the negligence of the
Contractor.
e. Upon the loss or destruction of,or damage to,any City property,the Contractor
shall notify the City thereof and shall take all reasonable steps to protect the property
from further damage.
f. The Contractor shall surrender to the City all property of the City prior to
settlement upon completion,termination,or cancellation of this contract.
17. WAIVER: Waiver of any breach of any provision of this contract shall not be
considered a waiver of any other or subsequent breach and shall not be construed to be
a modification of the terms of the contract unless stated to be such in writing, signed by
the Contracting Officer or her delegate and attached to the original contract.
AGREED:
THE CITY OF WINTEI . 'RINGS: MSA CLK' Q"I (,,' SYSTEMS,INC.:
Kevi m'L. Smit Ci Mana er Print ; 'ame Title
E
DATE: �m��l 2-1 Z
,. ..... .._ DATE: ....
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Exhibit A
JANITORIAL DUTIES SPECIFICATIONS:
In addition to the specific duties set forth below, the City reserves the right to add
additional,minor duties to be performed by Contractor. No additional payment shall be due
Contractor for said additional minor duties unless agreed to in writing by both parties
hereto.
CITY HALL
Duties to be performed in Main Lobb,: (2 days a week`',
1. All carpet will be vacuumed each time serviced.
2. All hard surface floors will be swept and mopped each time serviced.
3. Baseboards will be cleaned and maintained.
4. Ledges, door frames, decorative plants, furniture, and AC vents will be dusted
weekly.
5. All glass doors must be cleaned each time serviced.
6. All trash cans will be emptied and relined each time serviced.
7. Restrooms in lobby should be cleaned and sanitized each time serviced, to include
walls, sinks, toilets/urinals, mirrors, countertops and fixtures. Stainless steel should
be polished, trash emptied, cans relined and paper products and soap restocked.
Floors to be swept,mopped and sanitized
8. Outside Trashcans/Ashtrays in front and back of lobby will be emptied each time
serviced.
Duties to be ,erformed in West Hallway : f2 da s a week, )referable on Tuesday and,Frida �„
1. All carpet will be vacuumed each time serviced.
2. Baseboards will be cleaned and maintained.
3. All glass doors to be cleaned each time serviced or as needed.
4. All trash cans in common areas will be emptied and relined each time serviced.
Individual office trashcans will be accessible by the employees putting them in the
hallways;trashcans in the hallways should be emptied and relined each time serviced.
5. Break Room: Kitchen counter tops, microwave (inside and outside), stovetop, oven
(inside and outside), outside of cabinets, outside of refrigerator, tables and sinks
should be cleaned and sanitized twice a week. Floor to be swept, mopped and
sanitized;baseboards need to be cleaned and maintained.
6. Two (2) Main Restrooms should be cleaned and sanitized each time serviced, to
include walls, sinks, toilets/urinals, mirrors, countertops and fixtures. Stainless steel
should be polished, trash emptied, cans relined and paper products and soap
restocked. Floors to be swept,mopped,and sanitized.
7. Small Bathroom in City Manager office should be cleaned and sanitized once a week,
to include cleaning and sanitizing walls, sink, toilet, mirror, countertop and fixtures.
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Trash should be emptied, can relined and paper products and soap restocked. Floors
to be swept,mopped and sanitized;baseboards need to be cleaned and maintained.
8. Conference Room should be cleaned twice a week, to include wiping down the table,
dusting and vacuuming.
9. Copier Room should be cleaned once a week, to include wiping down counters,
dusting copiers and printers, fax machine and vacuuming.
Duties to be performed in East HaUwa :,mITL2 da,,swa_week;1Dreferably on TuesdaK_wand Fr da�,'�
1. All carpet will be vacuumed each time serviced.
2. Baseboards will be maintained clean.
3. All glass doors to be cleaned each time serviced or as needed.
4. All trash cans in common areas will be emptied and relined each time serviced.
Individual office trashcans will be accessible by the employees putting them in the
hallways; all trashcans in the hallways should be emptied and relined each time
serviced.
5. Break Room: Kitchen counter tops, microwave (inside and outside), stovetop, oven
(inside and outside), outside of cabinets, outside of refrigerator, tables and sinks
should be cleaned and sanitized twice a week. Floor to be swept, mopped and
sanitized;baseboards need to be cleaned and maintained.
6. Two (2) Main Restrooms should be cleaned and sanitized each time serviced, to
include walls, sinks, toilets/urinals, mirrors, countertops and fixtures. Stainless steel
should be polished, trash emptied, cans relined and paper products and soap
restocked. Floors to be swept,mopped and sanitized.
7. Small Bathroom in Community Development Director's office should be cleaned
and sanitized once a week, to include cleaning and sanitizing walls, sink, toilet,
mirror, countertop, and fixtures. Trash should be emptied, can relined and paper
products and soap restocked. Floors to be swept, mopped, and sanitized; baseboards
need to be cleaned and maintained.
8. Conference Room should be cleaned twice a week,to include wiping down the table,
dusting and vacuuming.
9. Copier Room should be cleaned once a week, to include wiping down counters,
dusting copiers and printers, fax machine and vacuuming.
10. Training Room should be cleaned once a week, to include wiping down tables,
dusting computers, and vacuuming.
Duties to be i,erformed in Commission Chambers: i(2 da%s a week; 1°ireferably Thursdav and
Frida
1. All carpet will be vacuumed each time serviced.
2. Baseboards will be cleaned and maintained.
3. Ledges, door frames, decorative plants, furniture, and AC vents will be dusted
weekly.
4. Glass doors should be cleaned each time serviced.
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5. All trash cans will be emptied and relined each time serviced.
6. Small kitchen in the back of the chambers: kitchen countertops, outside of cabinets,
outside of refrigerator, tables and sinks should be cleaned and sanitized once a week.
Floor should be vacuumed;baseboards need to be cleaned and maintained.
7. Restrooms should be cleaned and sanitized each time serviced, to include walls,
sinks, toilets, mirrors, countertops and fixtures. Trash should be emptied, cans
relined and paper products and soap restocked. Floors to be swept, mopped, and
sanitized.
Duties to be performed in Cleaning Closets: (As Needed)
1.Both cleaning closets should be kept clean and organized.
2.Both cleaning closets should be locked up at the end of each service.
Total Cost Per Month: $750.00 (with trash)
The followinc7 is a la carte +dcing;
Buffing/Waxing Floors in Break Rooms—Total of 2: $400.00
Buffing/Waxing Marble Floors in Lobby- $500.00
Buffing/Waxing Floors in Bathrooms—Total of 6 - $1,000.00
Scrubbing Upholstery and Wiping down Chairs in Chambers - $500.00
Cleaning Refrigerators in Break Rooms - $120.00
PUBLIC WORKS BUILDINGS AND
OFFICES
Q ;erationsITBuildin j nce a Week''a
1. All hard surface floors will be swept and mopped.
2. Baseboards will be maintained clean.
3. All glass doors to be cleaned each time serviced or as needed.
4. All trash cans will be emptied and relined each time serviced.
5. Kitchen counter tops, microwave and sinks in break rooms to be serviced twice a
week. Organize tables/chairs and wipe down table tops.
6. Men's restrooms should be cleaned and sanitized each time serviced, to include walls,
sinks, mirrors, and fixtures. Stainless steel should be polished, trash emptied, cans
relined and paper products and soap restocked. Floors to be swept and mopped.
7. Clean and polish water fountains.
Team Leader's Office—O 1-�erationsITBuildmgmfOnce awMonth,
1. Vacuum carpet and empty trash in control room. This task is to be done TWICE a
month.
2. Clean restroom in control room, to include sinks, mirrors and fixtures. Floors to be
swept and mopped.
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a
3. Ladies restrooms should be cleaned and sanitized, to include walls, sinks, mirrors,
and fixtures. Stainless steel should be polished, trash emptied, cans relined and paper
products and soap restocked. Floors to be swept and mopped.
4. High dust lockers, fixtures, and cabinets once a month.
Total Cost Per Month: $360.00 per month
***MSA Cleaning Systems, Inc. will provide equipment, chemicals and trained and qualified
personnel to perform above services. City of Winter Springs will provide all paper products,
soap and trash can liners. ***
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