HomeMy Public PortalAboutPublic Safety Building Cleaning STATE OF GEORGIA )
COUNTY OF CHATHAM )
AGREEMENT FOR SERVICES
THIS AGREEMENT FOR services relating to the HOUSEKEEPING AND JANITORIAL SERVICES AT
the CITY OF TYBEE ISLAND PUBLIC SAFETY BUILDING in Tybee Island, Georgia, hereinafter
referred to as"Agreement", is made and entered into as of thee.25 day of 2015
(the "Date Hereof"), by and between, Associated Maintenance Services, Inc. d/b/a Savannah
Professional Maintenance, whose agent and address for purposes of this agreement is Glynn
Forehand, 1442 East Victory Drive, Savannah, Georgia 31404, hereinafter referred to as "the
Company," and the City of Tybee Island, Georgia, a municipal corporation, whose address for
the purposes of this Agreement is 403 Butler Avenue, Tybee Island, Georgia 31328-2749,
herein referred to as "the City."
WITNESSETH THAT:
WHEREAS, the City is a municipal corporation organized under Georgia law;
WHEREAS, the City solicited bids related to housekeeping and janitorial services at the City of
Tybee Island Public Safety Building;
WHEREAS, the Company is lawfully operating under the laws of the State of Georgia, and is
engaged in providing housekeeping and janitorial services;
WHEREAS, the Company has submitted the attached bid (Exhibit"A");
WHEREAS, the Company was the low responsible, responsive bidder; and,
WHEREAS, the Company and the City desire to document the terms and conditions of their
Agreement.
NOW, THEREFORE, for and consideration of the mutual covenants contained herein, the receipt
and sufficiency of which is hereby acknowledged, it is agreed as follows:
ARTICLE 1
BASIC AGREEMENT
1.1 The Company will perform the Scope of Work ("the Work") described in the Invitation to
Bid # 2015-657, City of Tybee Island, Georgia, ("Invitation to Bid"), attached hereto as Exhibit
"B" and incorporated by reference as if fully set forth herein, and supply all materials in
connection therewith for the sum of $150.00 per week for "weekly cleaning" and not to exceed
$7,800.00 per year, for all services required of the Company in the ITB and specified by the
Company in Company's Bid, including the semi-annual cleanings, attached hereto as Exhibit"B"
and incorporated by reference as if fully set forth herein, and in conjunction with the award will
comply with all of the terms and conditions of the ITB. The Company will not be entitled to any
additional compensation other than that specified in this agreement. All of the requirements
contained in the ITB are required and made a part of this agreement as if set forth fully herein,
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and to the extent there is any conflict between the ITB, the bid and/or this Agreement, this
Agreement will control.
1.2 The Company will provide proof of insurance coverage in compliance with the minimum
limits specified in section 2.15.2 and the special conditions specified in section 2.15.3 of the
ITB.
1.3 The Company will comply with the necessary requirements of all State and Federal law
pertaining to the residency of its workers and will further comply with all reporting requirements
required of the City in connection with any funding sources and expressly recognizes that any
breach on its part of the reporting and other requirements under such grant will result in
potential liabilities to the City and the Company will indemnify and hold harmless the City for
any such damages in addition to all other indemnity obligations contained herein or the terms
and conditions attached hereto.
1.4 The Company shall commence the work in accordance with the following schedule:
(1) Following the execution of this Contract, the City will issue a Notice to Proceed to
Company.
(2) Within fourteen business (14) days of issuance of the Notice to Proceed, Company
will provide the City with (a) a list of the persons' names who will be providing
housekeeping and janitorial services; (b) a comprehensive report and list of any
materials or supplies, or requirements of the City; and (c) a schedule of
commencement and implementation of the services.
The Company will not be entitled to any compensation until services have commenced.
1.5 This is a contract for a one year term. However, either party may terminate the
contract, at any time, and for any reason, by giving the other party thirty (30) days written
notice.
ARTICLE 2
COVENANTS AND REPRESENTATIONS
2.1 The Company shall perform services in accordance with the Company's Bid and Terms
and Conditions contained in the ITB and Bid and contained herein.
2.2 To induce the City to enter into this Agreement, the City shall be entitled to rely upon
the representations and certifications made by the Company in the Company's Bid, without
independent investigation and verification, and each such representation or certification shall be
deemed to be material to this Agreement. The person negotiating and executing this Agreement
on behalf of the Company has the full right, power, and authority to enter into, execute and
perform this Agreement in accordance with the terms hereof, and when executed and
delivered, this Agreement will constitute a valid and binding obligation of the Company and will
be enforceable in accordance with the terms thereof.
ARTICLE 3
PAYMENT AND FEES
3.1 The City shall pay the Company the price as provided in this agreement.
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3.2 Payment shall be made by the City within thirty (30) days of being presented with an
invoice for the work performed.
3.3 The invoices presented shall cover the previous months' work. No invoice will be
paid unless the work has already been performed.
ARTICLE 4
CONTINGENCIES
4.1 The obligations of the City are subject to the following conditions:
(1) The ability of the City to carry out the terms of this Agreement in accordance with
the laws and Constitution of the State of Georgia.
(2) The timely performance by the Company of each and every covenant, agreement,
and obligation imposed upon the Company in this Agreement.
(3) The truth and accuracy as of the Date Hereof of each and every representation
made by the Company.
(4) This Agreement is expressly made subject to other laws affecting its subject matter.
In the event of any conflict between such laws and this Agreement, such laws shall take
precedence.
4.2 The obligations of the Company are subject to the following conditions:
(1)The timely performance by the City of each and every covenant, agreement, and
obligation imposed upon the City in this Agreement.
ARTICLE 5
NOTICES
5.1 All notices, demands or requests required or permitted to be given pursuant to this
Agreement shall be in writing and given or served either in person or by United States Mail,
postpaid, registered or certified with Return Receipt Requested, showing the name of the
recipient and the date of delivery. Notices shall be addressed to the party or parties identified
and at the address as set forth in the introductory paragraph of this Agreement, and the date
upon which such notice is delivered shall be deemed the effective date thereof. Either party
may, from time to time, by five (5) days' prior written notice to the other party, specify a
different agent or address to which notices can be delivered. Rejection or other refusal to
accept a notice or inability to deliver a notice because of a changed agent or address of which
no notice was given shall constitute receipt of the notice on the date when personal service is
attempted or the date of the postmark, if mailed.
ARTICLE 6
RIGHTS CUMULATIVE
6.1 All rights, powers, and privileges conferred hereunder shall be cumulative and not
restrictive of those given by law.
ARTICLE 7
NON-WAIVER
7.1 No failure of the City to exercise any right or power given to the City under this
agreement, or to insist upon strict compliance by the Company with the provisions of this
agreement, and no custom or practice of the City or the Company at variance with the terms
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and conditions of this Agreement, shall constitute a waiver of the City's right to demand exact
and strict compliance with the terms and conditions of this Agreement.
ARTICLE 8
CONTINUITY
8.1 Each of the provisions of this agreement shall be binding upon and inure to the benefit
and detriment of the Company and the City and the heirs, devisees, legatees, legal
representatives, successors and assigns of the Company and the City.
ARTICLE 9
CONTRACT MODIFICATIONS
9.1 (a) Only the Contract Administrator has authority to modify any term or condition of
this contract. Any contract modification shall be authorized in writing.
(b) The Contract Administrator may modify the contract unilaterally (1) pursuant to a
specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative
matters which do not change the rights or responsibilities of the parties (e.g., change in the
City's address). All other contract modifications shall be in the form of supplemental agreements
signed by the Company and the Contract Administrator.
(c) When a proposed modification requires the approval of the Mayor and Council prior
to its issuance (e.g., a change order that exceeds the Contract Administrator's approved
threshold), such modification shall not be effective until the required approval is given by the
City.
ARTICLE 10
CHANGE ORDERS
10.1 (a) The Contract Administrator may, at any time, by written order designated or
indicated to be a change order, make changes in the work within the general scope of the
contract.
(b) Any other written order or oral order (which, as used in this paragraph (b), includes
direction, instruction, interpretation, or determination) from the Contract Administrator that
causes a change shall be treated as a change order under this clause; provided, that the
Company gives the Contract Administrator written notice stating (1) the date, circumstances
and source of the order and (2) that the Company regards the order as a change order.
(c) Except as provided in this clause, no order, statement or conduct of the Contract
Administrator shall be treated as a change under this clause or entitle the Company to an
equitable adjustment.
(d) If any change under this clause causes an increase or decrease in the Company's
cost of, or the time required for the performance of any part of the work under this Agreement,
whether or not changed by any such order, the Contract Administrator shall make an equitable
adjustment and modify the Agreement in writing. However, except for a adjustment based on
defective specifications, no bid for any change under paragraph (b) above shall be allowed for
any costs incurred more than 20 days (5 days for oral orders) before the Company gives written
notice as required. In the case of defective specifications for which the City is responsible, the
equitable adjustment shall include any increased cost reasonably incurred by the Company in
attempting to comply with the defective specifications.
(e) The Company must assert its right to an adjustment under this clause within 30 days
after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the
furnishing of a written notice under paragraph (b) of this clause, by submitting a written
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statement describing the general nature and the amount of the bid. If the facts justify it, the
Contract Administrator may extend the period for submission. The bid may be included in the
notice required under paragraph (b) above. No bid by the Company for an equitable adjustment
shall be allowed if asserted after final payment under this contract.
(f) Except in an emergency endangering life or property, no change shall be made by
the Company without a prior order from the Contract Administrator.
ARTICLE 11
TIME OF THE ESSENCE
11.1 All time limits stated herein are of the essence of this Agreement.
ARTICLE 12
CAPTIONS
123.1 The brief headings or titles preceding each provision hereof are for purposes of
identification and convenience only and should be completely disregarded in construing this
Agreement.
ARTICLE 13
THIRD PARTY BENEFICIARIES/OBLIGORS
13.1 Although this agreement is a personal retention of the Company as an independent
Company, the Company and the City agree that there will be other third party obligors
subcontractors performing work on the project. The Company, however, agrees to be
responsible for ensuring that all agreement terms are complied with, regardless of the entity
performing the actual work.
ARTICLE 14
DRUG FREE WORK PLACE
14.1 It is the policy of the City that its work place shall be a drug free workplace in
compliance with the Drug Free Work Place Act, 41 U.S.C.S. 701et.seq.
ARTICLE 15
APPLICABLE LAWS
15.1 The Company agrees that it and all of its subcontractors will comply with all applicable
legal requirements whether imposed by Local, State or Federal law and, further, will comply
with State "SAVE" and "E-Verify" requirements.
ARTICLE 16
JURISDICTION AND VENUE
16.1 The Company agrees that any civil action, arbitration or mediation of any dispute arising
under this Agreement shall take place only in Savannah, Chatham County, Georgia. The City
and Company further agree and stipulate to the jurisdiction and venue of the United States
District Court for the Southern District of Georgia, Savannah Division, the Superior Court of
Chatham County or the State Court of Chatham County over them and over any civil action
arising under this Agreement.
IN WITNESS WHEREOF, the Company and the City have caused these presents to be duly
signed, sealed and delivered on the day, month, and year first above written.
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ASSOCIATED MAINTENANCE SERVICES, CITY OF TYBEE ISLAND, GEORGIA
INC.d/b/a Savannah Professional
Maintenance
Name: .7:4c,‹ L. i of 4Ar.1(print) ame: J.'\s-,,. 111£.4.--5-£44t44 (print)
Title: /42ES Title: I (Ar.
3— Date 414)r Date
APPROVED AS TO FORM:
Edward M. Hughes, Attorney C4%1f Tybee Island
Date
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