Active SLED Opportunity · FLORIDA · CITY OF CLEARWATER

    Citywide Custodial Services

    Issued by City of Clearwater
    cityITBCity of ClearwaterSol. 274612
    Open · 15d remaining
    DAYS TO CLOSE
    15
    due Jul 28, 2026
    PUBLISHED
    Jun 26, 2026
    Posting date
    JURISDICTION
    City of
    city
    NAICS CODE
    561720
    AI-classified industry

    AI Summary

    The City of Clearwater seeks sealed bids for citywide custodial services at various facilities. Contractors must provide labor, equipment, supplies, and supervision to perform routine cleaning and maintenance. The contract term starts October 2026 with possible renewals. Bids are due July 28, 2026, and must be submitted electronically via the City's procurement portal.

    Opportunity details

    Solicitation No.
    274612
    Type / RFx
    ITB
    Status
    open
    Level
    city
    Published Date
    June 26, 2026
    Due Date
    July 28, 2026
    NAICS Code
    561720AI guide
    Jurisdiction
    City of Clearwater
    State
    Florida
    Agency
    City of Clearwater

    Description

    The City of Clearwater is soliciting sealed bids from qualified Contractor(s) to provide Citywide Custodial Services at city facilities. Contractor(s) shall provide all labor, equipment, materials, transportation, fuel, supervision, insurance, and all related items necessary to complete the required services as specified herein.

    Project Details

    • Reference ID: 32-26
    • Department: General Services
    • Department Head: Peter Bardou (Department Director)

    Important Dates

    • Questions Due: 2026-07-18T14:00:00.000Z

    Evaluation Criteria

    • Vendor Questions

      All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be submitted through the City's e-Procurement Portal, located at https://procurement.opengov.com/portal/myclearwater. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

    • Introduction

      The City of Clearwater (City) is a coastal community on Florida's West Coast and the third-largest city in the Tampa Bay area with a population of approximately 118,327 residents. Clearwater Beach, a renowned international destination in Pinellas County, attracts millions of tourists annually and most recently received the prestigious TripAdvisor Traveler’s Choice Award for 2024. It consistently ranks among the top vacation spots in both national and international publications, offering year-round attractions such as pristine "sugar sand" beaches, diverse dining options, and venues like the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. The acclaimed Clearwater Marine Aquarium, nationally recognized for its innovative work in marine rescue, rehabilitation, and release, remains a major draw for visitors.

      The City of Clearwater is committed to advancing sustainability through eco-friendly initiatives that enhance our economy, safeguard our environment, and fortify our community.

    • CONTRACT PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS

      This solicitation MAY be fully or partially grant-funded. In addition to the City of Clearwater’s standard terms and conditions and those required by the applicable federal agency, any resulting contract will be subject to the following provisions, as applicable to the services provided.



    • Bid Submission

      The City prefers responses are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater.

      Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline.

      Bidders can get help through OpenGov Assist, located on the bottom right of the OpenGov portal.

      Submittal Requirements can be found under Section 10 of this solicitation.

    • Requirements

      The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties.  Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better.   In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated.

      Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 

    • Anticipated Beginning and End of Initial Term

      The initial term is estimated to be from October 2026 through September 2027.

      If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution.

    • Definitions

      Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, persons”, “purchase order, PO, contract, agreement”, “City, Clearwater”, “bid, proposal, response, quote”.

    • Independent Contractor

      It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor.  Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees.  Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees.  Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation.  If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.

    • Commercial General Liability Insurance

      Coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.

    • Equal Employment Opportunity

      (As per Executive Order 11246): During the performance of this contract, the CONTRACTOR agrees as follows:
      A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

      B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

      C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

      D. The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

      E. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

      F. In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

      G. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor.

    • Renewal

      At the end of the initial term of this contract, the City may initiate renewal(s) as provided herein.  The decision to renew a contract rests solely with the City.  The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration.

      four (4), one (1) year renewal(s) are possible at the City’s option.

    • Addenda/Clarifications

      Any changes to the specifications will be in the form of an addendum. Vendors are required to register for an account via the City’s e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/myclearwater.

      The City cannot be held responsible if a vendor fails to receive any addenda issued.  The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City.  Failure to acknowledge receipt of an addendum may result in disqualification of a bid.

    • Davis-Bacon Act

      As amended (40 U.S.C. 3141-3148): When required by federal program legislation, for all prime construction contracts awarded in excess of $2,000, CONTRACTORS are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. If the applicable grant award contains Davis Bacon provisions, the City will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination [Appendix II to 2 CFR Part 200].

    • Extension

      The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract.

    • Subcontracting

      Contractor may not subcontract work under this Agreement without the express written permission of the City.  If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions.  Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.

    • Commercial Automobile Liability Insurance

      Coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit.

    • Assignment

      This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent.  Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement.  No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.

    • Vendor Conference/Site Visit

      There is a MANDATORY Vendor Conference/Site Visit at NO VALUE on NO VALUE at NO VALUE.

      Attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions.  During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract.

    • Prices

      All pricing shall be firm for the initial term of one (1) year except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs.  The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal.  In addition, the City of Clearwater will not honor any tariff related surcharge without documented evidence the actual tariff increase was incurred by the vendor.  

      1. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions.  The Contractor further agrees that any reductions in the price of the goods or services covered by this proposal and occurring after award will apply to the undelivered balance.  The Contractor shall promptly notify the City of such price reductions.
      2. During the sixty (60) day period prior to the renewal anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices in an amount for no more than the twelve month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics for Tampa-St. Petersburg-Clearwater, FL (https://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
      3. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation.  Renewal prices shall be firm for each renewal term listed above.
      4. No fuel surcharges will be accepted.
    • Professional Liability/Malpractice/Errors or Omissions Insurance

      Coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence.  If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts.  Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage.

    • Scope of Work

      The City of Clearwater is soliciting sealed bids from qualified Contractor(s) to provide citywide custodial services.  The awarded Contractor(s) shall provide routine custodial services per the specifications, variations, and frequency/schedule required by each location. It is the City’s expectation that the awarded Contractor(s) shall have sufficient staff to begin work upon award of contract. 

      Contractor(s) are required to provide their own equipment, supplies, transportation, supervision, insurance, staffing, etc. to fulfill this contract.  

      The City intends to award contracts to multiple responsive and responsible bidders. While pricing will be a primary consideration, the City reserves the right to assign facilities and service locations among awarded contractors based on factors including contractor capacity, staffing availability, geographic coverage, continuity of service, operational efficiency, and the best interests of the City. 

      The City is not obligated to assign a facility or service location to the bidder submitting the lowest price for that specific location. The City reserves the right to make multiple awards and to assign, reassign, add, or remove facilities during the contract term as necessary to meet operational needs.

    • Copeland Anti Kick Back Act

      If Davis-Bacon is applicable, CONTRACTOR shall also comply with all the requirements of 29 CFR Part 3 which are incorporated by reference to this contract. CONTRACTORS are prohibited from inducing by any means any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled [Appendix II to 2 CFR Part 200].

    • Successor and Assigns, Binding Effect

      This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

    • Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708)

      Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence [Appendix II to 2 CFR Part 200].

    • Prices

      All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance, and warranty costs.  The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.  In addition, the City of Clearwater will not honor any tariff related surcharge without documented evidence the actual tariff increase was incurred by the vendor.  

      The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions.  The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance.  The Contractor shall promptly notify the City of such price reductions.

      During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve months change in the Producer Price Index for 0721,Plastic construction products & Producer Price Index for 1017, Steel mill products, not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.

      At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation.  Renewal prices shall be firm for at least one year and may be adjusted thereafter as outlined in the previous paragraph.

      No fuel surcharges will be accepted.

    • Contractor Responsibilities
      • Contractor(s), at their own expense, shall be able to provide their own equipment, supplies, transportation, supervision, insurance, staffing, etc. necessary to accomplish all tasks.    

       

      • Equipment and cleaning supplies shall be of good commercial quality per industry standards and acceptable to the City.

       

      • Required supplies include but are not limited to: vacuum cleaner, vacuum bags, brooms, mops, mop buckets, rags, disinfectants, floor cleaning products, deodorizers, gloves, and toilet cleaning products.

       

      • When applicable, Contractor(s) shall be responsible for supplying all personal protective equipment (PPE) (i.e., masks, gloves, etc.) to its employees.

       

      • Awarded Contractor(s) may be requested to provide a list of equipment to be used in the performance of the contract. Such equipment must be available for inspection by the City, prior to award of the contract or as requested thereafter.

       

      • Contractor(s) shall ensure all cleaning is performed using clean tools, fresh mop water, and sanitary practices. Mop water shall be changed as often as necessary to prevent streaking, odor, or residue. Cleaning tools shall not be used across restrooms and general areas without proper sanitation. Facilities shall be free of visible dirt, debris, streaks, water marks, and cross‑contamination.

       

      • Contractor(s) shall maintain a sustainable cleaning program.
      1. Whenever possible, certified green products are preferred. Products should carry seals of approval from Designed for the Environment (DfE), US Environmental Protection Agency (US EPA), Green Seal Certified, Leadership in Energy and Environmental Design (LEED), Carpet and Rug Institute (CRI), and/or U.S. General Services Administration.

       

      1. No chemicals shall be used without prior approval from the City. The Contractor(s) shall provide copies of Safety Data Sheets (SDS) for all chemicals used with their bid submittal. Final approval of chemicals will occur prior to contract execution

       

      • Contractor(s) shall store required cleaning supplies and equipment in the designated locations at City facilities. Contractor(s) are solely responsible for securing all cleaning supplies and equipment.
      1. The City is not responsible for loss, theft, or damage to any equipment or cleaning supplies.

       

      1. Janitorial closets shall be kept in a clean and orderly manner at all times.
    • Vendor Conference/Site Visit

      There is a Vendor Conference/Site Visit at NO VALUE on NO VALUE at NO VALUE.

      Attendance highly encouraged, but is not required as a condition of submitting a bid The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions.  During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract.

    • Garage Keeper’s Liability Insurance

      Coverage, including but not limited to, damages such as bodily injury, property damage, and pollution costs and expenses in the minimum amount of $1,000,000 (one million dollars) per occurrence. 

    • Workers’ Compensation Insurance

      Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit.  Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any.

    • No Third Party Beneficiaries

      This Agreement is intended for the exclusive benefit of the parties.  Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.

    • Due Date & Time for Submission and Opening

      Date:    Tuesday, July 28, 2026

      Time:   10:00 am

      The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule.  All bids become the property of the City and will not be returned except in the case of a late submission.  Respondent names, as read at the bid opening, will be posted on the City website.  Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division.

    • Rights to Inventions Made Under a Contract or Agreement

      If the federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the City enters into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the City must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency [Appendix II to 2 CFR Part 200].

    • Supervision and Staff
      • Contractor(s) shall maintain an adequate number of employees to satisfy all mandatory minimum obligations and properly complete all scheduled work in a timely manner.

       

      • Contractor(s) shall designate an adequately trained, qualified on-site point of contact capable of overseeing service delivery and coordinating all work specified herein. A designated on-site point of contact shall be present at all times while services are being conducted.
      1. On-site point of contact is defined as an individual authorized to make immediate and binding decisions on behalf of the Contractor. 

       

      • Upon award, Contractor(s) shall provide a list of phone numbers for the on-site point of contact(s) and a designated backup representative to the City.

       

      • The City may request the Contractor(s) remove any supervisor or employee that does not perform services in accordance with all terms, conditions, and specifications of the contract.

       

      • Each on-site point of contact, to the satisfaction of the City, shall be capable of verbal and written communication in the English language and shall be able to adequately communicate with service workers.

       

      • The on-site point of contact shall be available for pre- and post-work site inspections, as required by the City, to review maintenance procedures and practices under the contract. Any deficiencies shall be corrected to the satisfaction of the City. Failure to comply with terms and conditions, specifications and/or failure to correct deficiencies may result in default and/or termination of the contract.

       

      • Contractor(s) employees shall be required to wear approved company uniform (shirt/uniform with company name), abide by all company and Occupational Safety and Health Act (OSHA) safety standards and behave in a professional manner while on City properties.
    • Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387)

      As amended—The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) [Appendix II to 2 CFR Part 200].

    • Non-Exclusivity

      The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate.  No exclusive rights are encompassed through this Agreement.

    • Communications
      • Contractor(s) shall provide a single point of contact (Account Manager), who will be readily available during normal business hours, Monday through Friday, 8:00a.m. to 5:00p.m., EST. Account Manager shall be capable of verbal and written communication in the English language.
        1. Account Manager is defined as the Contractor’s designated primary administrative point of contact for the City, responsible for overall contract coordination, communication, and performance oversight, and authorized to make or facilitate timely decisions and responses on behalf of the Contractor.

       

      • Contractor(s) shall provide an escalation protocol identifying a first‑level contact, second‑level supervisor, and third‑level executive contact. Escalation contacts shall be available to the City upon request.

       

      • The Account Manager's responsibilities shall include, but are not limited to, overseeing all aspects of implementation, servicing, reporting, and issue resolution. Contractor(s) shall notify the City immediately of any changes in Account Manager or contact information.

       

      • Account Manager(s) shall respond by phone to all calls within one (1) hour of notification, Monday through Friday, 8:00a.m. to 5:00p.m., EST.

       

      In the event of a service issue and/or emergency, a point of contact with a valid phone number shall be provided to the City. The point of contact shall be available twenty-four (24) hours a day / seven (7) days a week.

       

      • The General Support Services (GSS) Department, through its Building and Maintenance Division, serves as the point of contact for all custodial-related matters.

       

      • Contractor(s) shall coordinate with the Building and Maintenance Division regarding product inventory and replenishment as outlined in Section 3.6

       

      • The Building and Maintenance on-call contact number will be provided to the awarded Contractor(s) and shall only be utilized outside of normal work hours.

       

      • Contractor(s) shall respond to emergency issues within two (2) hours of notice.

       

      • Contractor(s) will assist the City in reporting any vandalism, graffiti and damage to City facilities.

       

      • Contractor(s) shall report any suspicious activity, security concerns, or safety hazards observed during service hours to the City and/or designated security personnel.
    • Workers’ Compensation Insurance

      Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit.  Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any.

    • Bid Firm Time

      Bids shall remain firm and unaltered after opening for 90 days.  The City may accept the bid, subject to successful contract negotiations, at any time during this time.

    • Work Schedule
      • Contractor(s) shall adhere to a work schedule coordinated with the City. Any request(s) for schedule variations by either the City and/or Contractor(s) shall be accepted and approved by both parties in writing.

       

      • In the event the Contractor(s) cannot meet the established schedule due to weather, staffing shortages, unforeseen emergencies, or other circumstances beyond its control, the Contractor(s) shall notify the City immediately, via phone call, text message or e-mail.

       

      Unless otherwise indicated in Exhibit A, these services shall be performed Monday through Friday, after 5:00 p.m., with work completed by Midnight (12:00 a.m.) The service frequencies identified in Exhibit A shall be defined as follows:

       

          1. Once Weekly: Work shall be performed at least one (1) time each week
          2. Twice Weekly: Work shall be performed two (2) times per week
          3. Three Times Weekly: Work shall be performed on Monday, Wednesday, and Friday.
          4. Five Times Weekly: Work shall be performed Monday through Friday.
          5. Seven Days Weekly: Work shall be performed seven (7) days per week, including weekends
          6. As-Needed: Work shall be performed on an as-needed basis at the City’s discretion and may include work on both Saturdays, Sundays, and holidays.

       

      • At any time during the term of the contract, the City reserves the right to request additional services and make changes (additions or reductions) to the number and frequency of cleaning requirements beyond the original scope of services. All changes shall be documented in writing and approved by both the Contractor(s) and the City.

       

      • For additional services beyond the original scope of services, the City may request that Contractor(s) provide additional cleaning personnel.  Contractor(s) shall provide hourly rates for such services.  Work performed between 12:01 a.m. and 7:59 a.m. shall be billed at the Contractor's overtime rate.

       

      • Unless otherwise expressly authorized in writing by the City, all work performed between the hours of 8:00 a.m. and 12:00 a.m. (midnight) shall be billed at straight-time rates for all personnel classifications, including supervisory staff.
    • Amendments

      There will be no oral changes to this Agreement.  This Agreement can only be modified in a writing signed by both parties.  No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor.

    • Debarment and Suspension (Executive Orders 12549 and 12689)

      A contract award (see 2 CFR 180.220) will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. If applicable, the CONTRACTOR must verify that none of their subcontractors (for contracts expected to equal or exceed $25,000), appear on the federal government’s Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov [Appendix II to 2 CFR Part 200].

    • Builder's Risk

      Coverage for property loss exposure associated with construction/renovation/additions to buildings or structures, including materials or fixtures to be incorporated. Must be “All Risk” form with limits of no less than the project’s completed value, have no coinsurance penalties, eliminate the “occupancy clause”, cover Firm (together with its contractors, subcontractors of every tier, and suppliers), and name City as a Loss Payee. 

    • Bid Security

      A bid security in the amount of TBD must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City.  Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested.

    • Performance Security

      The Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security in the amount of TBD. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City.  If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach.  The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract.

    • Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

      CONTRACTORs that apply or bid for an award exceeding $100,000 must submit a completed “Disclosure of Lobbying Activities” [Form SF-LLL]. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. [Appendix II to 2 CFR Part 200]. The bidder shall complete Form SF-LLL and submit with bid. Bidders may be deemed non-responsive for failure to submit this certification.

    • Building Access and Protocol
      • Facility access shall be furnished to awarded Contractor(s).  When gaining access to City facilities, awarded Contractor(s) shall ensure: 
      1. All supplied keys and access cards are issued to the on-site point of contact ONLY.  Contractor(s) are solely responsible for notifying the City immediately if a card is lost or misplaced.
      2. Keys are not duplicated or shared with anyone outside of the Contractor’s personnel.
      3. All City property is securely locked during and after services.
      4. Internal doors that are routinely kept locked remain locked upon completion of work assignment.
      5. External doors are locked while work is being performed and upon leaving City facilities.
      6. Alarm system is activated, if applicable.       
      7. Lights are turned off upon completion of services.
      8. Protected electrical circuits for electronic equipment and/or computers are not used for powering cleaning equipment.

       

      • Contractor(s) shall comply with all City Security protocols and coordinate with the contracted security personnel where applicable. Custodial staff shall not permit any unauthorized individuals into City facilities.

       

      • Contractor(s) shall coordinate with the City and designated security personnel regarding any security-related issues.

       

      • The City has a “No Smoking” policy while on City Property.  It will be the responsibility of the awarded Contractor(s) to ensure that personnel adhere to this policy while on City property both inside and outside of facilities.

       

      • The City has an Energy Conservation policy for its facilities. It will be the responsibility of the awarded Contractor(s) to ensure that personnel adhere to this policy while in city facilities. Contractor(s) shall ensure:
        1. Doors and windows remain closed when heating, ventilation, and air conditioning (HVAC) is in operation.   
        2. All lights are turned off when leaving rooms and buildings.
        3. Ceiling fans are operated in all areas that have them.
        4. Air conditioning equipment remains at the required unoccupied setbacks. In winter, the temperature should be set to 66 °F and, in summer, the temperature should be set to 77 °F.

       

      • The use of City property (i.e., phones, televisions, radios, computers, printers, etc.) is forbidden by Contractor(s) personnel.

       

      • Consumption of food and/or drinks is restricted to assigned locations (breakrooms, etc.).  Alcoholic beverages are prohibited at all times.

       

      • The possession, use, or carrying of any weapons or firearms by Contractor(s) personnel is strictly prohibited at all times while on City property.
    • Installation Floater

      Coverage for property (usually highly valued equipment or materials such as compressors, generators, etc.) during its installation. Coverage must be “All Risk” including installation and transit for no less than 100% of the installed replacement cost value. 

    • Time of the Essence

      Time is of the essence to the performance of the parties’ obligations under this Agreement.

    • Architects & Engineers Liability/Professional Liability (E&O)/ Contractors Professional Liability (CPrL)/ Medical Malpractice Insurance

      Where the Agreement involves Florida-regulated professional services (e.g. architect, engineer, design-builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g. construction means & methods, design supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance specifications. Limits of at least $1,000,000 (one million dollars); deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City’s acceptance of same. 

    • Contractor Supplied Items
      • In addition to cleaning products, the following consumable products are to be provided by the Contractor(s):
      1. Hand Sanitizer (Purell replacement cartridges are required for the Purell dispensers, where applicable)
      2. Trash receptacle liners (multiple sizes used)
      3. Air deodorizer refills, where applicable
      4. Urinal screens with enzyme type urinal block deodorizer
      5. Toilet seat covers for existing dispensers
    • Bid Submittals

      It is recommended that bids are submitted electronically through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/myclearwater. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

      E-mail or fax submissions will not be accepted.

      No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified.

    • Compliance with Applicable Laws
      1. General.  Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business.  Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, executive orders, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense.  Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement.  Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.
      2. Drug-Free Workplace.  Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects.  Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement.  Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace.  Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.
      3. Federal and State Immigration Laws.  Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law.  Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States.
        1. As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”).
        2. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City.
        3. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty.  Contractor agrees to assist the City in regard to any such inspections.
        4. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty.  Contractor agrees to assist the City in regard to any random verification performed.
        5. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act.
      4. Nondiscrimination.  Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment.  Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement.
    • Conflict of Interest

      [2 CFR §200.112]: The CONTRACTOR must disclose in writing any potential conflict of interest to the Federal awarding agency or CITY in accordance with applicable Federal awarding agency policy.

    • Optional Contractor-Supplied Janitorial Consumables
      • In the event that the City decides not to continue supplying these items, Contractor(s) shall include under Section 8. Pricing Sheet, separate pricing for Georgia-Pacific toilet paper, item #4TH42, Georgia-Pacific paper towels, item #3EB46, and Georgia-Pacific liquid hand soap, item #53JU93. Pricing shall include unit price and case price.
      • The City reserves the right to continue supplying these items internally or transition to Contractor‑supplied consumables at any time during the term of the contract.
    • Sales/Use Tax, Other Taxes

      Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required.  If any taxing authority should deem Contractor or Contractor employees an employee of the City or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City.

      The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request.

    • Railroad Protective Liability (RPL) Insurance

      Coverage for construction within 50ft of operated railroad track(s) or where affects any railroad bridge, trestle, tunnel, track(s) roadbed, or over/under pass. Subject to involved rail road’s approval prior to commencement of work. 

    • Late Bids

      The bidder assumes responsibility for having the bid delivered on time at the place specified.  All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder.  The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery.  It shall not be sufficient to show that you mailed or commenced delivery before the due date and time.  All times are Clearwater, Florida local times.  The bidder agrees to accept the time stamp in the City’s Procurement Office as the official time.

    • Mandatory Disclosures

      [2 CFR §200.113]: The CONTRACTOR must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.338 Remedies for noncompliance, including suspension or debarment.

    • Pollution and/or Asbestos Legal Liability Insurance

      Where the Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non-owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead-based paint, 3rd party claims/removal, etc.), with limits of at least $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) aggregate, maintained for at least 3 years after Agreement completion.

    • City-Supplied Items and Coordination
      • The City, through its General Support Services (GSS) Department, shall furnish the following standardized consumable products:
        1. Georgia-Pacific Liquid hand soap – Item #53JU93
        2. Georgia-Pacific Paper towels – Item #3EB46
        3. Georgia-Pacific Toilet paper – Item #4TH42

       

      • Contractor(s) shall be responsible for monitoring inventory levels within each assigned facility and coordinating with the Building and Maintenance Division for replenishment. Building and Maintenance will coordinate with the Contractor(s) to schedule and complete restocking and dispenser refilling.

       

      • Contractor(s) shall restock dispensers using only City-provided products and shall not substitute or supply alternative products without prior written approval from the City.
    • Lobbying; Lobbying No-Contact Period; Questions Regarding Solicitation

      From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members.

      Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation.

      All questions regarding the competitive solicitation must be submitted through the City's e-Procurement Portal, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period.

      The penalty for violating the No-Contact Period may include suspension or debarment.

    • Protected Personally Identifiable Information (Protected PII)

      [CFR §200.303(e)]: The CONTRACTOR must take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or CITY designates as sensitive or the City considers sensitive consistent with other applicable federal, state, and local laws regarding privacy and obligations of confidentiality. Per CFR § 200.82, Protected PII means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts. This does not include PII that is required by law to be disclosed.

    • Amounts Due the City

      Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement.  Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City.

    • Prohibition on utilization of time and material type contracts

      [2 CFR §200.318 (j) (1)]: The CITY will not award contracts based on a time and material basis if the contract contains federal funding.

    • Optional Product Approval Requirements for Contractor-Supplied Consumables

      If the City elects to utilize Contractor‑supplied consumables, all products must be City‑approved prior to use. Contractor(s) shall submit SDS sheets, product specifications, and sample units for review. Only products meeting City standards for quality, hygiene, and dispenser compatibility may be used. No substitutions shall be made without prior written approval.

    • Public Records

      In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law.

      IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-444-7151 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755.

      The Contractor agrees to comply with the following:

      1. Keep and maintain public records required by the City of Clearwater (hereinafter “public agency” in this section) to perform the service being provided by the contractor hereunder.
      2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law.
      3. Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.
      4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service.  If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.  If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records.  All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
      5. A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency.  If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.
      6. The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract.
      7. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
      8. If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if:
        1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and
        2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor.
      9. A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.

      A Contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement.

    • Commencement of Work

      If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk.

    • Cyber Liability Insurance

      Where the Agreement involves portals allowing access to obtain, use, or store data; managed dedicated servers; cloud hosting services; software/hardware; programming; and/or other IT services and products are involved. Limits of not less than $2,000,000 (two million dollars) per occurrence and $2,000,000 (two million dollars) aggregate. Coverage sufficiently broad to respond to duties and obligations undertaken by Firm, and shall include, but not be limited to, claims involving infringement of intellectual property/copyright, trademark, trade dress, invasion of privacy violations, damage to or destruction of electronic information, information theft, release of confidential and/or private information, alteration of electronic information, extortion, virus transmission, and network security. Coverage, as applicable and with sufficient limits to respond, for breach response costs, regulatory fines and penalties, credit monitoring expenses. 

    • Inspection and Approval
      • Verification of performance requirements shall be by means of City-provided Custodial Log_Inspection_Time Sheet, see Exhibit “B”. Appropriate log sheets shall be kept in a designated location and shall be filled out and signed by each employee and supervisor at the end of each work shift. The coinciding log sheets shall be submitted with the monthly invoice statement. 

       

      • Prior to leaving the work site for the day, the on-site point of contact shall thoroughly inspect the site/facility to ensure that all requirements are addressed in accordance with the contract specifications. No payment will be approved until the site meets contract specifications. If there is remaining work, the on-site point of contact shall contact (via phone, text or e-mail) the City prior to the end of that workday to notify them of what work is remaining. Any remaining work shall be completed by the time limitations mutually agreed upon by the City and Contractor(s).

       

      • Upon inspection, if the work specified has not been satisfactorily completed, the City shall contact the Contractor(s) to advise them to take the necessary corrective measures to meet City standards. The Contractor(s) shall respond to a call for corrective services within two (2) hours. The Contractor(s) shall rectify unacceptable work within twenty-four (24) hours after notification.

       

      • The quality of service and adherence to labor requirements shall be continuously monitored by the Building and Maintenance representatives as well as on-site point of contact.
    • Responsibility to Read and Understand

      Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation.  If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact listed on this solicitation  The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid.  Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered.  The City will not be responsible for any bidder errors or omissions.

    • Audits and Records

      Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement.  The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein.  In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement.  Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City.  The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City.

    • Procurement of Recovered Materials

      [2 CFR §200.322]: CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

    • Drone/UAV Liability Insurance

      Where the Agreements involves unmanned aerial vehicles/drones. Coverage to include products and completed operations, property damage, bodily injury with limits no less than $1,000,000 (one million dollars) per occurrence, and $2,000,000 (two million dollars) aggregate; may be provided by CGL endorsement subject to City’s prior written approval.

    • Personnel Background Check and Requirements
      • The contractor(s) shall be solely responsible, at its own cost, for conducting and completing background screening for all personnel, agents, and subcontractors assigned to perform work under this contract. All background checks shall be completed prior to such personnel being assigned to City facilities.

       

      • Background screening shall, at a minimum, be consistent with industry standards and applicable federal, state, and local laws and shall include criminal history checks.

       

      • All new personnel hired by the Contractor(s) during the term of this contract shall follow the same procedures.

       

      • Contractor(s) shall ensure that no personnel with disqualifying criminal histories, including but not limited to Crimes Against Children, are assigned to work in City facilities where children are present, currently identified as recreation centers, parks, and libraries. This restriction may be extended at any time during the contract term at the City’s discretion.

       

      • The awarded Contractor(s) hereby acknowledges and agrees to abide by the Florida Jessica Lunsford Act (1012.465, F.S.) and obtain, at its own cost, Level two (2) clearance of all employees, agents, and subcontractors who (1) are assigned to City facilities where children are regularly present, and (2) have direct contact with children.

       

      • Contractor(s) shall maintain documentation verifying completion of required background screenings and shall provide written certification of compliance to the City upon contract award and upon request thereafter. The City reserves the right to audit such records at any time during the contract term.

       

      • Contractor(s) shall report the arrest of any employee working under the terms of this contract to the Building Maintenance Supervisor or designee within twenty-four (24) hours of the arrest or knowledge of the arrest. It shall be subject to the approval of the City whether the employee shall be allowed to continue to work at City locations.

       

      • Upon termination, or transfer of any employee working under this award, the Contractor shall immediately notify the Building Maintenance Supervisor or designee, in writing, of such termination or transfer.
    • Longshore & Harbor Workers’ Compensation Act/Jones Act

      For work being conducted near, above, or on “navigable waters” for not less than the above Employer’s Liability Insurance limit.

    • Prohibition on utilization of cost plus a percentage of cost contracts

      [2 CFR §200.323 (d)]: The CITY will not award contracts containing federal funding on a cost-plus percentage of cost basis.

    • Form and Content of Bids

      Bids, including modifications, must be certified by an authorized representative and submitted electronically. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City requires that an electronic copy of the bids be submitted through the City's e-Procurement portal located at https://procurement.opengov.com/portal/myclearwater. The bids must provide all information requested and must address all points.  The City does not encourage exceptions.  The City is not required to grant exceptions and depending on the exception, the City may reject the bids.

    • Background Check

      The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies.  Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.

    • Specifications

      Technical specifications define the minimum acceptable standard.  When the specification calls for “Brand Name or Equal,” the brand name product is acceptable.  Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.

      Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted.  Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder.  The City reserves the right to reject bids that the City deems unacceptable.

       

    • Security Clearance and Removal of Contractor Personnel

      The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement.  If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement.

    • Payment and Invoicing
      • Contractor(s) shall submit all invoices to the designated department as indicated on Exhibit A, Custodial Site Locations. Invoices shall be submitted once monthly for services rendered during prior month. Custodial Log_Inspection_Time Sheet form (Exhibit “B”) shall be submitted with each monthly invoice.

       

      All invoices shall include, at minimum, the following information:

      • Site location(s)
      • Date of service
      • Services/Product rendered
      • Unique invoice number
      • Purchase Order (PO) number
    • Domestic preferences for procurements

      [2 CFR § 200.322]:

      A. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

      B. For purposes of this section:

      1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
      2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

    • Garage keeper/Hanger keeper/Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance

      Where parking lot, valet, dealership, garage services, towing, etc. and/or operation of a hangar, marina, or airplane/ship repairer, providing safe berth, air/watercraft storage/docking (on land/ in water), fueling, tours, charters, ferries, dredges, tugs, mooring, towing, boat/aircraft equipment/repair/alteration/maintenance, etc.; coverage against liability for damage to vehicles air/watercraft, their machinery in Firm’s care, custody, or control both private & commercial. Limits at least equal to greater of$1,000,000 (one million dollars), value of max number of vehicles that may be in Firm’s custody, or of most costly object in Firm’s custody.

    • Minimum Qualifications and References

      Contractor(s) shall have a minimum of five (5) years’ experience providing similar services within a public or institutional setting. Staffing levels are a critical component for contract performance.  Contractor(s) shall identify the number of personnel proposed to support this contract, including supervisory personnel, with bid submittal.

       

      Contractor(s) shall supply, along with the bid submittal, a minimum of three (3) references for commercial customers, where the Contractor(s) performed work of a similar scope as outlined in the proposed solicitation.

    • Default
      1. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)   conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement.
      2. Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or if Contractor is debarred or suspended by another governmental entity.
      3. Notice and Opportunity to Cure.  In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default.  The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days.  A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.  Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.
      4. Anticipatory Repudiation.  Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform.  In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.
    • Prohibition on Contracting for Covered Telecommunications Equipment or Services:

      A. Definitions.

      As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—

       

      B. Prohibitions.

      1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
      2. Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
      i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
      ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
      iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
      iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

       

      C. Exceptions.

      1. This clause does not prohibit contractors from providing—
      i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28
      ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
      2. By necessary implication and regulation, the prohibitions also do not apply to:
      i. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
      ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

       

      D. Reporting requirement.

      1. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
      2. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
      i. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
      ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

       

      E. Subcontracts.

      1. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

    • Modification/Withdrawal of Bids

      For bids submitted electronically, vendors may use the "Unsubmit Response" button located on the Response Details page of their submission. Responses may be resubmitted once they have been edited or modified as needed.

      For mailed in or hand delivered bids, written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening.  Written requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid.

      No oral requests will be allowed.   

      Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security.  Any withdrawal after the bid opening shall be allowed solely at the City’s discretion.

    • Property Insurance and Interruption of Business (IOB) Insurance

      Where premises, building, structure, or improved real property is leased, licensed, or otherwise occupied by Firm. Property Insurance against all risks of loss to any occupant/tenant improvements at full replacement cost with no coinsurance penalty, including fire, water, leak damage, and flood, as applicable, vandalism and malicious mischief endorsements. IOB by which minimum monthly rent will be paid to City for up to1year if premises are destroyed, rendered in accessible or untenantable, including disruption of utilities, water, or telecommunications.

    • Debarment Disclosure

      If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment.

    • Performance Schedule

      SERVICES TO BE PERFORMED AT EACH CLEANING (if applicable):

      Office / Cubicle Spaces

      • Empty trash, spot clean containers, reline with appropriate size trash bag
      • Vacuum and/or sweep areas to remove dirt from traffic areas and from around furniture

       

      Conference / Training Rooms

      • Empty trash, spot clean containers, reline with appropriate size trash bag
      • Vacuum and/or sweep areas to remove dirt from traffic areas and from around furniture
      • Clean and disinfect counters, tables, and other furniture
      • Damp mop hard floor surfaces

       

      Hallways / Stairs

      • Vacuum, spot clean carpeted surfaces
      • Sweep stairs and remove gum
      • Damp mop hard floor surfaces
      • Clean and sanitize railings
      • Clean and shine all chrome, stainless steel or other unpainted metal fixtures and moldings (use metal polish where applicable)

       

      Restrooms

      • Remove trash from inside restroom and immediate vicinity of the restroom and deposit trash in designated containers
      • Replenish paper towels, toilet paper and hand soap
      • Clean and sanitize sinks and countertops
      • Thoroughly clean all urinals and toilets
      • Clean and sanitize restrooms floors – sweep, wet mop with a germicidal solution
      • Spot clean/disinfect stall walls and doors
      • Clean restroom mirrors
      • Empty and clean wastebaskets, sanitary napkin dispensers, and other waste containers, inserting liners as required
      • Clean/Disinfect dispensers; restock all dispensers (toilet seat liner, tissue, paper towel, feminine hygiene, etc.)
      • Clean and shine all chrome, stainless steel or other unpainted metal fixtures and moldings (use metal polish where applicable)

       

      Breakroom

      • Empty trash, spot clean containers, reline with appropriate size trash bag
      • Replenish paper towels and hand soap
      • Remove debris from tables and counters and sanitize
      • Sweep and sanitize floor surfaces
      • Clean and shine all chrome, stainless steel or other unpainted metal fixtures and moldings (use metal polish where applicable)

       

      Drinking Fountain

      • Clean and sanitize with anti-bacterial germicidal solution and polish with stainless steel oil less polish 

       

      Elevators

      • Clean and disinfect all surfaces in the interior and polish any bright metal
      • Vacuum carpet or spray buff resilient floors
      • Clean door tracks on each floor

       

      Lobby Area / Common Area

      • Empty trash containers, spot clean, reline with appropriate size trash bag
      • Sweep and/or vacuum floors, polish metal and wood surfaces, clean all spots and marks off walls, dust all horizontal surfaces
      • Damp mop hard floor surfaces
      • Clean and disinfect counters, tables, and other lobby furniture
      • Clean and polish push bars, brass knobs, and door handles

       

       

      SERVICES TO BE PERFORMED ONCE WEEKLY

      Showers

      • Where applicable, showers shall be cleaned and sanitized. Tile walls and floors must be cleaned, and soap and water stains removed. Shower curtain shall be sanitized, and dirt and mildew removed. Contractor(s) shall notify the City if curtains are damaged and/or in need of changing.

       

       

      SERVICES TO BE PERFORMED AS-NEEDED - To be billed on an hourly basis when services are requested. Examples of such services include but are not limited to:

      • Recreational Centers and Athletic Facilities will need occasional cleanings for restrooms and locker rooms before/after events.
      • Carpet cleaning, floor waxing, etc.
      • Supplemental staff
      • Cleaning A/C vents
      • Provide and replenish air deodorizer, where applicable
      • Clean blinds
    • Remedies

      The remedies set forth in this Agreement are not exclusive.  Election of one remedy will not preclude the use of other remedies.  In the event of default:

      1. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party.
      2. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor.  If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law.  Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs.
      3. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.
      4. The City will not be liable for incidental, special, or consequential damages.
    • Liquor Liability/Host Liquor Liability

      Where Firm directly or indirectly provides alcoholic beverages, limits of at least $1,000,000 (one million dollars) per occurrence and $1,000,000 (one million dollars) aggregate.

    • Reservations

      The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid.  The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection.  Submission of a bid confers on bidder no right to an award or to a subsequent contract.  The City is charged by its Charter to make an award that is in the best interest of the City.  All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City.  No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order.

    • Educators Legal Liability Insurance

      Where day care, after school program, recreational activities, etc. limits of $1,000,000 (one million dollars).

    • Breach of contract during emergency recovery periods for natural emergencies

      Pursuant to F. S. § 252.505, any vendor who breaches a contract for commodities or services related to an emergency response for a natural emergency during an emergency recovery period shall pay a $5,000 penalty and damages, which may be either actual and consequential damages or liquidated damages.  As used in this section, the term “emergency recovery period” means a 1-year period that begins on the date that the Governor initially declared a state of emergency for a natural emergency.

    • Fidelity/Dishonesty/Liability Coverage

      Is to be purchased or extended to cover Common Fidelity/Crime insurance claims allege employee dishonesty, embezzlement, forgery, robbery, safe burglary, computer fraud, wire transfer fraud, counterfeiting and other criminal acts of the Other Party’s employees resulting in loss to the City. The liability limits shall not be less than $1,000,000 (one million dollars).

    • Continuation During Disputes

      Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.

    • Official Solicitation Document

      Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City.  Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City.  The copy maintained and published by the City shall be the official solicitation document.

    • Termination for Convenience

      The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty (30) calendar days’ written notice.

    • Copying of Bids

      Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder.  The City’s right to copy shall be for internal use in evaluating the proposal.

    • Termination for Conflict of Interest

      The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.

    • Contractor Ethics

      It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors.

      To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein.  It shall be a breach of ethical standards to:

      1. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct.
      2. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided.
      3. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract.
    • Gifts

      The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates.  The City may request product samples from vendors for product evaluation.

    • Termination for Non-Appropriation and Modification for Budgetary Constraints

      The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations.  If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available.  In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.

    • Right to Protest

      Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division.  A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City’s additional expenses related to the protest.  This fee shall not exceed $5,000.00 nor be less than $50.00.  Full refund will be provided should the protest be upheld.  No partial refunds will be made.

      ADDRESS PROTESTS TO:                  

      City of Clearwater - Procurement Division
      100 S Myrtle Ave, 3rd Floor - Purchasing
      Clearwater FL 33756

      or

      PO Box 4748
      Clearwater FL 33758-4748

    • Payment to Contractor Upon Termination

      Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination.  The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.

    • Evaluation Process

      Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s).  The City staff may or may not initiate discussions with bidders for clarification purposes.  Clarification is not an opportunity to change the bid.  Bidders shall not initiate discussions with any City employee or official.

      Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

    • Non-Waiver of Rights

      There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party.  Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.

    • Indemnification/Liability
      1. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement.  If applicable, this paragraph shall be construed in harmony with F. S. § 725.06.
      2. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification.
      3. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services.
      4. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties.
    • Criteria for Evaluation and Award

      The City evaluates three (3) categories of information: responsiveness, responsibility, and price.  All bids must meet the following responsiveness and responsibility criteria to be considered further.

      1. Responsiveness.  The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions.  The City must reject any bids that are submitted late.  Failure to meet other requirements may result in rejection.
      2. Responsibility.  The City will determine whether the bidder is one with whom it can or should do business.  Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified.  A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request.  City staff may also use Dun & Bradstreet and/or any generally available industry information.  The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection.

      3. Price.  We will then evaluate the bids that have met the requirements above 
    • Waiver of Subrogation

      With regard to any policy of insurance that would pay third party losses, Contractor hereby grants City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless of whether or not the city has received a waiver of subrogation endorsement from each insurer.

      The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies.

    • Other Insurance Provisions

      Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance.  In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies.  The address where such certificates and certified policies shall be sent or delivered is as follows:

      City of Clearwater
      Attn: Procurement Division, 32-26
      P.O. Box 4748

      Clearwater, FL  33758-4748

      Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage.

      Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence.

      Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service.  Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein.

      The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified.

    • Warranty

      Contractor warrants that the services and materials will conform to the requirements of the Agreement.  Additionally, Contractor warrants that all services will be performed in a good, workman-like, and professional manner.  The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty.  If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction.  Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.  If applicable, this paragraph shall be construed in harmony with F. S. § 725.06.

    • City's Right to Recover Against Third Parties

      Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery.

    • No Guarantee of Work

      Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City.  Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.

    • Cost Justification

      In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable.

    • Ownership

      All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City.

    • Use of Name

      Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City.

    • Contract Negotiations and Acceptance

      Bidder must be prepared for the City to accept the bid as submitted.  If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder.  Final contract terms must be approved or signed by the appropriately authorized City official(s).  No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order.

    • FOB Destination Freight Prepaid and Allowed

      All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.

    • Notice of Intent to Award

      Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://procurement.opengov.com/portal/myclearwater/projects/274612 to view the Procurement Division's Intent to Award postings.

    • Risk of Loss

      Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder.

    • ITB Timeline

      Dates are tentative and subject to change.

      Release ITB:June 26, 2026
      Advertise Tampa Bay Times:July 1, 2026
      Question Submission Deadline:July 18, 2026, 10:00am
      Due Date & Time for Submissions and Opening:July 28, 2026, 10:00am
      Review Bids:July 28, 2026 - August 10, 2026
      Award Recommendation:August 10, 2026
      Council Authorization:September 2026
      Contract Begins:October 2026
    • Safeguarding City Property

      Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees.

    • Warranty of Rights

      Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties.

    • Proprietary Rights Indemnification

      Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim.  Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement.  If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services.  Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to be sued by third parties.

    • Contract Administration

      This Agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department.  All questions regarding this Agreement will be referred to the administrator for resolution.  Supplements may be written to this Agreement for the addition or deletion of services.  Payment will be negotiated and determined by the contract administrator(s).

    • Force Majeure

      Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation.  The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event.  The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof.  The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.

    • Cooperative Use of Contract

      This Agreement may be extended for use by other municipalities, counties, school districts, and government agencies with the approval of Contractor.  Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.  Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.  The City is not responsible for any disputes arising out of transactions made by others.

    • Fuel Charges and Price Increases

      No fuel surcharges will be accepted.  No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division.

    • Notices

      All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses.  Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via electronic mail; (iv) sent via overnight courier; or (v) sent via facsimile.  If provided by personal delivery, receipt will be deemed effective upon delivery.  If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail.  If sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof.

    • Governing Law, Venue

      This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida.

    • Integration Clause

      This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.

    • Provisions Required by Law

      Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it.

    • Severability

      If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.  The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.

    • Surviving Provisions

      Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect.  Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.

    Submission Requirements

    • Exceptions (required)

      Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document.  Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance.

      Do you have any exceptions to the provisions or specifications?

    • Exceptions Taken (required)

      **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Proposal non-responsive.

      Upload a copy of any exceptions taken to the provisions or specifications in this solicitation.

    • Additional Materials (required)

      Have you included any additional materials?

    • Description of Additional Materials (required)

      Provide a brief description of the additional materials included.

    • Certified Business (required)

      Are you a Certified Small Business or a Certified Minority, Woman or Disadvantaged Business Enterprise?

    • Certified Business Type (required)

      Pick one of the following.

    • Certifying Agency (required)

      List the Agency that provided your certification.

    • Certification Documentation (required)

      Provide a copy of your certification.

    • Vendor Certification (required)

      By submitting this response, the Vendor hereby certifies that:

      1. It is under no legal prohibition on contracting with the City of Clearwater.
      2. It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents.
      3. It has no known, undisclosed conflicts of interest.
      4. The prices offered were independently developed without consultation or collusion with any of the other vendors or potential vendors or any other anti-competitive practices.
      5. No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the commodities or services covered by this contract. The Vendor has not influenced or attempted to influence any City employee, officer, elected official, or consultant in connection with the award of this contract.
      6. It understands the City may copy all parts of this response, including without limitation any documents or materials copyrighted by the Vendor, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. Chapter 119) or other applicable law, subpoena, or other judicial process; provided that the City agrees not to change or delete any copyright or proprietary notices.
      7. It hereby warrants to the City that the Vendor and its subcontractors will comply with, and are contractually obligated to comply with, all federal, state, and local laws, rules, regulations, and executive orders.
      8. It certifies that Vendor is not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this matter from any federal, state, or local agency.
      9. It will provide the commodities or services specified in compliance with all federal, state, and local laws, rules, regulations, and executive orders if awarded by the City.
      10. It is current in all obligations due to the City.
      11. It will accept all terms and conditions as set forth in this solicitation if awarded by the City.
      12. The signatory is an officer or duly authorized representative of the Vendor with full power and authority to submit binding offers and enter into contracts for the commodities or services as specified herein.
    • E-Verify System Certification (required)

      PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES.

      The affiant, by virtue of confirming below, certifies that:

      1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
      2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees.
      3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system.
      4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien.
      5. The Contractor must maintain a copy of such affidavit.
      6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).
      7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated.
      8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract.
    • References (required)

      Please download the below documents, complete, and upload.

    • Proposed Products including Safety Data Sheets (required)

      Contractor(s) shall provide, with their bid submittal, a list of all chemicals proposed for use under this contract, including corresponding Safety Data Sheets (SDS)  (Reference 5.3. Contractor Responsibilities under Detailed Specifications)

    • Proposed Staffing (required)

      Contractor(s) shall identify the number of personnel proposed to support this contract, including supervisory personnel (reference 5.15. Minimum Qualifications and References under Detailed Specifications)

    • Scrutinized Company Certification (required)

      Please download the below documents, complete, notarize, and upload.

    • Compliance with Anti-Human Trafficking Laws (required)

      Please download the below documents, complete, and upload.

    • Vendor Pricing Sheet (required)

      Please download the below documents, complete, and upload.

    • W-9 (required)

      Upload your current W-9 form.  (available at https://www.irs.gov/pub/irs-pdf/fw9.pdf)

    • Vendor Conference (required)

      Select from the Options below.

    • Price Proposal (required)

      Do you want to use OpenGov's Electronic Price Proposal or have the vendor upload a price proposal.

    • Proposal Firm Time (required)

      How many days from Bid Opening will proposals remain firm? Enter whole numbers.

    • Proposal Security (required)

      Do you require a Proposal Security (Bid Bond)?

    • Security Amount (required)

      Enter the amount of the proposal security. (i.e. $10,000.00) include the "$".

    • Performance Security (required)

      Will the contract require a Performance Security?

    • Performance Bond (required)

      Enter the amount of the performance bond. (i.e., $1,000,000.00) include the "$".

    • Term Start (required)

      What is the start date of the initial term?

    • Term End (required)

      What is the end date of the initial term?

    • Renewals (required)

      Will the contract have extensions/renewals?

    • Renewal Terms (required)

      ____________ year renewal(s) are possible at the City’s option.

      Update the length and number of renewals using the following format.

    • Price Adjustments (required)

      Will you be using the Consumer Price Index or the Producer Price Index for acceptable price adjustments?

    • Insurance Requirments (required)

      Select all that apply

    Questions & Answers

    Q (Exhibit A Facility Pricing Clarification): Are bidders required to submit pricing for every facility listed in Exhibit A, or may bidders submit pricing for selected facilities only?

    A: Exhibit A is provided for informational purposes only and is intended to identify the facilities included in the solicitation, including locations that may not currently be occupied or that may require services on an as-needed basis. Pricing under Exhibit A is not required as part of the bid submission. Bidders are required to submit pricing for all facilities and line items identified in Section 9 – Pricing Sheet. Failure to provide pricing for any required facility or line item may result in the bid being deemed non-responsive and therefore ineligible for award.


    Key dates

    1. June 26, 2026Published
    2. July 28, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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