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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, Page 1 of 6 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. Page 2 of 6 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 Page 3 of 6 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 Page 4of6 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. Page 5 of 6 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 Page 6 of 6