Contract 2023-010ADocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
AGREEMENT No. 2023-010
SANIGLAZE
THIS AGREEMENT, is made and entered into this 25th day of January 2023, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"),
and CUBIX, INC., whose address is: 6450 Kingspointe Pkwy, #10, Orlando, FL 32819,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, Orange County through the public procurement process awarded an Agreement for,
SaniGlaze Contract Number Y19-1018-MV;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the Orange County Contract Number Y19-1018-MV;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
SCOPE OF WORK
The CONTRACTOR shall furnish SaniGlaze as described in the Orange County Contract Number
Y19-1018-MV, which is attached hereto and incorporated herein as Exhibit "A" and shall perform
everything required by this Agreement and the other exhibits attached hereto. Provided, however,
that nothing herein shall require CITY to purchase or acquire any items or services from
CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict
between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Thursday, March 7, 2024 unless terminated or renewed by Orange County.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
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Piggyback Agreement
SaniGlaze
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1)
additional one (1) year term.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Orange County Contract Number Y19-1018-
MV or in the specific purchase order or authorized order submitted by CITY. Nothing
herein shall obligate CITY to purchase any specific amount of product from
CONTRACTOR or create an exclusive purchase agreement between CITY and
CONTRACTOR. CITY shall not be obligated or required to pay for any items received
until such time as CITY has accepted the items in accordance with the order provided to
CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
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SaniGlaze
5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the
institution of legal or equitable proceedings by either party.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to
provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
A. CONTRACTOR:
Cubix, Inc.
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Piggyback Agreement
SaniGlaze
Attn: Travis Owens
6450 Kingspointe Pkwy, #10, Orlando, FL 32819
A. OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. Attorneys' Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys' fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by city of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement including the documents incorporated by reference contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party's assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
city.
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9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
Contractor expressly understands records associated with this project are public records and agrees
to comply with Florida's Public Records law, to include, to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
this Florida's Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. CONTRACTOR shall use reasonable efforts to
provide all records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR
SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY
CLERK'S OFFICE, (352) 241-7331.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
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Piggyback Agreement
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C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the Orange County Contract Number Y19-1018-MV.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 25th day of
January 2023.
CITY OF CLERMONT
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DocuSigned by:
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Brian Bulthuis, City Manager
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Tracy Ackroyd Howe, City Clerk
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CUBIX, INC.
By , z�
(Signature)
Print Name: �; s �4JFd S
Title:
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
AMENDMENT NO. 1
CONTRACT NO. Y19-1018-MV, SANIGLAZE
EFFECTIVE DATE: March 8, 2022
By mutual agreement, the subject contract is changed as follows:
1. The contract is hereby renewed for the period of March 8, 2022 through March 7, 2023. In
accordance with changes in the Consumer Price Index all unit prices are increased by 4%. Line
item increases are as follow:
Line
Description
Current Unit
Increase
No.
Price Per
Effective
Square Ft.
Rate
1.
EnduraGLAZE Process (as
specified)
$8.25
$8.58
2.
GroutGLAZE Process (as
specified)
$5.50
$5.72
3.
SurfaceGLAZE Process (as
specified)
$5.00
$5.20
4.
ChromaGlaze Process
as s ecifed
$5.50
$5.72
5.
ChromaGLAZE+ Process (as
specified)
$7.00
$7.28
6.
XceIKLEEN Process (as
specified)
$3.00
$3.12
7.
EverGLAZE
Maintenance Program (as
s ecified
$1.50
$1.56
8.
VariGLAZE Process
ass ecified)
$8.50
$8.84
9.
Site Preparation
Services, Minor asspecified)
$0.25
$0.26
10.
Site Preparation
Services, Moderate asspecified)
$1.00
$1.04
11.
Site Preparation
Services, Extensive asspecified)
$1.75
$1.82
2. ADDITIONS
a. Line No. 12, EnduraGLAZE + Process, is hereby added to the contract at a unit price of
$9.75 per square foot, in the estimated quantity of 1,500 square feet, an increase of
$14,625.
b. Line No. 13, VariGLAZE Process +, is hereby added to the contract at a unit price of
$10.40 per square foot, in the estimated quantity of 1,500 square feet an increase of
$15,600.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
c. Line No. 14, SurfaceGLAZE + Process, is hereby added to the contract at a unit price of
$6.10 per square foot, in the estimated quantity of 1,000 square feet, an increase of
$6,100.
3. Descriptions of Processes are added as Attachment 1 in this Amendment 1.
The total amount of the contract has changed from $480,000 to $516,325, an increase of $36,325, all
other terms, conditions and prices remain unchanged.
IN WITNESS WHEREOF, the parties have executed this amendment on the dates below:
CUBIX, INC.
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
By. y
Carrie Mathes, Procurement Manager
Print Name: Zulay Millan, Assistant Manager I
Title:
Procurement Division
Date: 12/21 /2021
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
CONTRACT # Y1.9-1018-W
This Contract is made as of the 4"' day of February, 2019 by and between Orange County, a
Political Subdivision of the State of Florida, by and through its Board of County Commissioners,
hereinafter referred to as the COUNTY, and Cubix, Inc., a corporation authorized to do business
in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. number
is 59-3069016.
In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR
agree as follows;
ARTICLE 1 SERVICES
The CONTRACTOR'S responsibility under this Contract is to provide professional services
providing restorative bonding services through SaniGlaze process, as more specifically set forth
in the Scope of Services detailed in Exhibit "A".
The COUNTY'S representative/liaison during the performance of this Contract shall be Taneya
Simpson, telephone no. (407) 836-7482 or by e-mail at Taneya.Simpson@ocfl.net.
ARTICLE 2 SCHEDULE
The CONTRACTOR shall commence services on March 8, 2019 and complete all services by
March 7, 2022.
Reports and other items shall be delivered or completed in accordance with the detailed schedule
set forth in Exhibit "A".
This contract may be renewed, for two ( 2 ) additionaI one ( 1 ) year periods upon mutual
written agreement of the parties at the same prices, terms and conditions. Any change in
price, terms or conditions shall be accomplished by written amendment to this contract.
Any order issued during the effective date of this contract, but not completed within that period,
shall be completed by the CONTRACTOR within the time specified in the order. The contract
shall govern the CONTRACTOR and the COUNTY'S rights and obligations with respect to the
extent as if the order were completed during the contract's performance period.
ARTICLE 3 PAYMENTS TO CONTRACTOR
A. The total amount to be paid by the COUNTY under this Contract for the base period, shall not
exceed One Million, Four Hundred -Forty Thousand Dollars ($1,440,000). The
CONTRACTOR will notify the COUNTY, in writing, when 90% of the estimated contract
amount has been reached. The CONTRACTOR will bill the COUNTY on a monthly basis, or
as otherwise provided, at the amounts set forth in Exhibit `B" for services rendered toward the
completion of the Scope of Services, Where incremental billing for partially completed items
is permitted, the total incremental billings shall not exceed the percentage of estimated
completion as of the billing date.
B. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and
approved by the initiating County Department, indicating that services have been rendered in
conformity with the Contract and then will be sent to the Finance Department for payment.
Invoices will be paid in accordance with the State of Florida Local Government Prompt
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Payment Act.
Orange County Administrative Services
Fiscal and Operational Support
IOC2 — 400 E. South Str. 5th fl
Orlando, FL 32801
Phone (407) 836-0052
or
In the event additional County Departments/Divisions or other public entities utilize this
contract, invoices are to be sent directly to the Department or entity placing the order.
All invoices along with all necessary documents for payment shall be mailed or delivered
to the appropriate location above. Unless authorized by the County Department in
writing, no invoices shall be sent via e-mail. Invoices sent via e-mail without the
expressed authorization of the County Department shall be discarded.
Detailed invoice and statement requirements are further outlined in the Scope of Services.
A valid invoice shall include the following:
1. Reference to the Delivery Order/ Purchase Order Number
2. Delivery Dates/ Service Dates
3. Itemization of Goods Delivered/ Services Rendered
4. Unit Prices in accordance with the Exhibit "B"
C. Final Invoice: In order for both parties herein to close their books and records, the
CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S Final/last billing
to the COUNTY. This certifies that all services have been properly performed and all charges
and costs have been invoiced to Orange County. Since this account will thereupon be closed,
any and other further charges if not properly included on this final invoice are waived by the
CONTRACTOR.
ARTICLE 4 REt )UIREMENTS CONTRACT
This is a Requirements Contract and the COUNTY shall order from the CONTRACTOR all of the
supplies and/or services specified in the contract's price schedule that are required to be purchased
by the COUNTY. If the COUNTY urgently requires delivery of goods or services before the
earliest date that delivery may be required under this contract, and if the CONTRACTOR will not
accept an order providing for accelerated delivery, the COUNTY may acquire the goods or
services from another source.
Except as this contract may otherwise provide, if the COUNTY'S requirements do not result in
orders in the quantities described as "estimated" in the contract's price schedule, that fact shall not
constitute the basis for an equitable adjustment.
ARTICLE 5 INSURANCE REQUIREMENTS
Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all
times throughout the duration of this contract the following types of insurance coverage
with limits and on forms (including endorsements) as described herein. These
requirements, as well as the County's review or acceptance of insurance maintained by
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Vendor/Contractor is not intended to and shall not in any manner limit or qualify the
liabilities assumed by Vendor/Contractor under this contract. Vendor/Contractor is.
required to maintain any coverage required by federal and state workers' compensation or
financial responsibility laws including but not limited to Chapter 324 and 440, Florida
Statutes, as may be amended from time to time,
The Vendor/Contractor shall require and -ensure that each of its sub-Vendors/sub-Contractors
providing services hereunder (if any) procures and maintains until the completion of their
respective services, insurance of the types and to the limits specified herein.
Insurance carriers providing coverage required herein must be licensed to conduct business in.
the State ofFlorida and must possess a current A.M. Best's Financial Strength Rating of A- Class
VIII or better.
(Note: State licenses can be checked vice 1vmv. floir-.coni/conl an search/ and A. M. Best Ratings
are available at nit,w.canbest,conr
Required. Coverage.:
Commercial General Liability - The Vendor/Contractor shall maintain coverage
issued on the most recent version of the ISO form as filed for use in Florida or its
equivalent, with a limit of liability of not less than $1,00.0,000 per occurrence.
Vendor/Contractor fiuther agrees coverage shall not contain any exrdorsement(s)
excluding or limiting Product/Completed Operations, Contractual Liability, or
Separation of Insureds. The General Aggregate limit shall either apply separately to
this contract or shall be at least twice the required occurrence limit.
Required Endorsements:
Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.
Note: CG 20 10 must be accompanied by CO 20 37 to include
products/completed operations
Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.
Note: If bl:aillcet endorsements are being submitted please include the entire
endorsement and the applicable policy number.
Z Business Automobile Liability The Vendor/Contractor shall maintain
coverage for all owned; non -owned and hired vehicles issued on the most recent
version of the ISO form as filed for use in Florida or its equivalent, with limits of not
less than $1,000,00.0 (one million dollars) per accident. In the event the
Vendor/Contractor does not own automobiles the Vendor/Contractor shall maintain
coverage for hired and non -owned auto liability, which :may be satisfied by way of
endorsement to the Commercial General Liability policy or separate Business Auto
Liability policy.
® Workers' Compensation. - The Vendor/Contractor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less than
$100,000 each incident of bodily injury or disease for Employers' Liability. Elective
exemptions as defined tin Florida Statute 440 will be considered on a case -by -ease
basis: Any Vendor/Contractor using an employee leasing company shall complete
the Leased Employee Affidavit.
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Required Endorsements:
171 Waiver of Subrogation- WC 00 03 13 or its equivalent
® Pollution Liability- with a limit of not less than $1,000,000 per
occurrence/claim
When a self -insured retention or deductible exceeds $100,000 the COUNTY reserves the
right to request a copy of Vendor/Contractor most recent annual report or audited financial
statement. For policies written on a "Claims -Made" basis the Vendor/Contractor agrees to
maintain a retroactive date prior to or equal to the effective date of this contract. In the
event the policy is canceled, non -renewed, switched to occurrence form, or any other event
which triggers the right to purchase a Supplemental Extended Reporting Period (SERP)
during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a
minimum reporting period of not less than two years. Purchase of the SERP shall not
relieve the Vendor/Contractor of the obligation to provide replacement coverage.
By entering into this contract Vendor/Contractor agrees to provide a waiver of
subrogation or a waiver of transfer of rights of recovery, in favor of the County for
the workers' compensation and general liability policies as required herein. When
required by the insurer or should a policy condition not permit the
Vendor/Contractor to enter into a pre -loss agreement to waive subrogation without
an endorsement, then Vendor/Contractor agrees to notify the insurer and request
the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of
Rights of Recovery Against Others endorsement.
Prior to execution and commencement of any operations/services provided under this
contract the Vendor/Contractor shall provide the COUNTY with current certificates of
insurance evidencing all required coverage. In addition to the certificate(s) of insurance
the Vendor/Contractor shall also provide endorsements for each policy as specified
above. All specific policy endorsements shall be in the name of the Orange County
Board of County Commissioners.
For continuing service contracts renewal certificates shall be submitted immediately upon
request by either the COUNTY or the COUNTY's contracted certificate compliance
management firm. The certificates shall clearly indicate that the Vendor/Contractor has
obtained insurance of the type, amount and classification as required for strict compliance
with this insurance section. Vendor/Contractor shall notify the COUNTY not less than
thirty (30) business days (ten business days for non-payment of premium) of any material
change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor
shall provide evidence of replacement coverage to maintain compliance with the
aforementioned insurance requirements to the COUNTY or its certificate management
representative five (5) business days prior to the effective date of the replacement policy
(ies).
The certificate holder shall read:
Orange County Board of County Commissioners
c/o Procurement Division
400 E. South Street, 2nd Floor
Orlando, Florida 32801
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ARTICLE G INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall defend, indemnify, and hold
harmless the COUNTY, its officials, agents, and employees from and against any and all claims,
suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of
any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by
any act or omission of the CONTRACTOR or its subcontractors (if any), anyone directly or
indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those
acts or omissions arising out of the sole negligence of the COUNTY.
ARTICLE 7 FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will
sign an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not
be exempted from paying sales tax to its suppliers for materials used to fulfill contractual
obligations with the COUNTY, nor is the CONTRACTOR authorized to use the COUNTY' S Tax
Exemption Number in securing such materials.
The CONTRACTOR shall be responsible for payment of its own and its share of its employee
FICA and Social Security benefits with respect to this Contract.
ARTICLE 8 AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this Contract is contingent upon an
annual appropriation for its purpose by the Board of County Commissioners, or other specified
funding source for this procurement.
ARTICLE 9 CONFLICT OF INTEREST
The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided for in Florida Statutes 112.311. The CONTRACTOR further represents
that no person having any interest shall be employed for said performance.
The CONTRACTOR shall promptly notify the COUNTY in writing by certified mail of all
potential conflicts of interest for any prospective business association, interest or other
circumstance which may influence or appear to influence the CONTRACTOR'S judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the
association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict
of interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the
CONTRACTOR of its opinion by certified mail within thirty (30) days of receipt of the notification
by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association,
interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the
COUNTY shall so state in the notification and the CONTRACTOR shall, at its option, enter into
said association, interest or circumstance and it shall be deemed not in conflict of interest with
respect to services provided to the COUNTY by the CONTRACTOR under the terms of this
Contract.
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ARTICLE 10 TERMINATION
A. Termination for Default:
The COUNTY may, by written notice to the CONTRACTOR, terminate this contract for
default in whole or in part (delivery orders, if applicable) if the CONTRACTOR fails to:
Provide products or services that comply with the specifications herein or fails to meet
the COUNTY'S performance standards
2. Deliver the supplies or to perform the services within the time specified in this contract
or any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the COUNTY will provide adequate written notice to the
CONTRACTOR through the Manager, Procurement, affording them the opportunity to cure
the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or
the period specified in the notice) after receipt of the notice. Failure to adequately cure the
deficiency shall result in termination action. Such termination may also result in suspension
or debarment of the CONTRACTOR in accordance with the County's Procurement Ordinance.
The CONTRACTOR and its sureties (if any) shall be liable for any damage to the COUNTY
resulting from the CONTRACTOR's default of the contract. This liability includes any
increased costs incurred by the COUNTY in completing contract performance.
In the event of termination by the COUNTY for any cause, the CONTRACTOR will have, in
no event, any claim against the COUNTY for lost profits or compensation for lost
opportunities. After a receipt of a Termination Notice and except as otherwise directed by the
COUNTY the CONTRACTOR shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
3. Transfer all work in process, completed work, and other materials related to the
terminated work as directed by the COUNTY.
4. Continue and complete all parts of that work that have not been terminated.
Neither CONTRACTOR nor COUNTY shall be liable, nor may cancel this contract for default,
when delays arise out of causes beyond the control of CONTRACTOR or COUNTY. Such causes
may include but are not restricted to acts of God, acts of COUNTY in sovereign capacity, fires,
floods, lightning strikes, epidemics, quarantine restrictions, strikes, freight embargoes, wars, civil
disturbances, work stoppage, power failures, laws, regulations, ordinances, acts or orders of any
governmental agency or official thereof, and unusually severe weather. In every case, the delay
must be beyond the control of the claiming party. If CONTRACTOR is delayed in its performance
as a result of the above causes, COUNTY, shall upon written request of CONTRACTOR, agree
to equitably adjust the provisions of this contract, including price and delivery, as may be affected
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by such delay. However, this provision shall not be interpreted to limit COUNTY'S right to
terminate for convenience.
B. Termination for Convenience
The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is
in the County's interest. If this contract is terminated, the COUNTY shall be liable only for
goods or services delivered and accepted. The COUNTY Notice of Termination shall provide
the CONTRACTOR thirty (30) days prior notice before it becomes effective. A termination
for convenience may apply to individual delivery orders, purchase orders or to the
contract in its entirety
ARTICLE 11 FORCE MAJEURE
The Contractor shall not be held responsible for any delay and/or failure in performance of any
part of this contract to the extent such delay or failure is caused by explosion, war, embargo,
government requirement, civil or military authority, act of God, or other similar causes beyond
the Contractor's control so long as the Contractor's delay is not caused by the Contractor's
own fault or negligence. That notwithstanding, the Contractor shall notify the County in
writing within forty-eight (48) hours after the beginning of any such cause that would affect
its performance hereunder and the County reserves the right the request additional information
that supports the validity of the Contractor's Force Majeure claim. Failure to notify the County
in a timely manner of any claim of Force Majeure made pursuant to this section is cause for
termination of this contract.
2. If the Contractor's performance is delayed pursuant to this section for a period exceeding ten
(10) calendar days from the date the County receives the required Force Majeure notice, the
County shall have the right to terminate this contract thereafter and shall only be liable to the
Contractor for any work performed and validated (if required for payment hereunder) prior to
the date of the County's contract termination.
3. If the Contractor's performance is delayed pursuant to this section, the County may, upon
written request of the Contractor, agree to equitably adjust the provisions of this contract,
including price, performance, and delivery, as may be affected by such delay. However, this
provision shall not be interpreted to limit the County's right to terminate for convenience.
ARTICLE 12 PERFORMANCE
Timely performance is of the essence in the award of this Invitation for Bids. Performance
shall be no later than ten (10) calendar days from receipt of delivery order. Bids which fail to meet
this requirement shall be rejected.
It is hereby understood and mutually agreed to by and between parties hereto that the time of
performance is an essential condition of this contract.
Should the Contractor neglect, fail or refuse to provide the services within the time herein
specified, then said Contractor does hereby agree as part of the consideration for the awarding of
this contract, to pay Orange County the sum extended by the County to contract for like services
approved by the Procurement Division for the period from the required scheduled commencement
date until performance of services covered in the Invitation for Bids is completed.
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The Contractor shall, within forty-eight (48) hours from the beginning of such delay, notify the
Manager, Procurement Division in writing of the cause(s) of the
delay.
ARTICLE 13 PERSONNEL
The CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereafter shall be performed by the CONTRACTOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the CONTRACTOR'S key personnel, as may be listed in Exhibit
"A", must be made known to the COUNTY'S representative and written approval must be granted
by the COUNTY before said change or substitution can become effective.
The CONTRACTOR warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field. The COUNTY may require, in writing,
that the CONTRACTOR remove from this contract any employee the COUNTY deems
incompetent, careless, or otherwise objectionable.
ARTICLE 14 TRUTH IN NEGOTIATION CERTIFICATE
Signature of this Contract by the CONTRACTOR shall act as the execution of the truth -in -
negotiation certificate certifying that the wage rates and costs used to determine the compensation
provided for in this Contract are accurate, complete and current as of the date of the Contract and
no higher than those charged the CONTRACTOR'S most favored customer for the same or
substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY
determine that the rates and costs were increased due to inaccurate, incomplete or non -current
wage rates or due to inaccurate representations of fees paid to outside Contractors. The COUNTY
shall exercise its right under this "Certificate" within one (1) year following final payment.
ARTICLE 15 ARREARS
The CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment
or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Contract.
ARTICLE lb DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONTRACTOR shall deliver to the COUNTY for approval and acceptance, and before being
eligible for final payment or any amounts due, all documents and materials prepared by and for
the COUNTY under this Contract.
All oral and written information not in the public domain or not previously known, and all
information and data obtained, developed or supplied by the COUNTY, or at its expense, will be
kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or
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indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed, or purchased,
under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property
and may be reproduced at the discretion of the COUNTY.
The COUNTY and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise made in
writing by any party pursuant hereto, including but not limited to any representations made herein
relating to disclosure or ownership of documents, shall survive the execution and delivery of this
Contract and the consummation of the transactions contemplated hereby.
ARTICLE 17 INDEPENDENT CONTRACTOR RELATIONSHIP
The CONTRACTOR is, and shall be, in the performance of all work services and activities under
this Contract, an Independent Contractor, and not an employee, agent or servant of the COUNTY.
All persons engaged in any of the work or services performed pursuant to this Contract shall at all
times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and
control. The CONTRACTOR shall exercise control over the means and manner in which it and
its employees perform the work, and in all respects the CONTRACTOR'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not
as employees or agents of the COUNTY.
The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise,
agreement or representation other than as specifically provided for in this Agreement.
ARTICLE 18 CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retrained any company or person, other
than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the CONTRACTOR, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Contract.
ARTICLE 19 ACCESS AND AUDITS
The CONTRACTOR shall establish and maintain a reasonable accounting system, which enables
ready identification of CONTRACTOR'S cost of goods and use of funds. Such accounting system
shall also include adequate records and documents to justify all prices for all items invoiced as
well as all charges, expenses and costs incurred in providing the goods for at least five (5) years
after completion of this contract. The COUNTY or its designee shall have access to such books,
records, subcontract(s), financial operations, and documents of the CONTRACTOR or its sub -
Contractors as required to comply with this section for the purpose of inspection or audit anytime
during norrnal business hours at the CONTRACTOR'S place of business. This right to audit shall
include the CONTRACTOR'S sub -Contractors used to procure goods or services under the
contract with the COUNTY. CONTRACTOR shall ensure the COUNTY has these same rights
with sub -Contractors) and suppliers.
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ARTICLE 20 EOUAL OPPORTUNITY
It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy
intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual
orientation and gender expression/identity, color, age, disability or national origin, in securing or
holding employment in a field of work or labor for which the person is qualified, as provided by
Section 17-314 of the Orange County Code and the County Administrative Regulations.
Further, the CONTRACTOR shall abide by the following provisions:
A. The CONTRACTOR shall represent that the CONTRACTOR has adopted and maintains
a policy of nondiscrimination as defined by applicable County ordinance throughout the
term of this contract.
B. The CONTRACTOR shall allow reasonable access to all business and employment records
for the purpose of ascertaining compliance with the non-discrimination provision of the
contract.
C. The provisions of the prime contract shall be incorporate by the CONTRACTOR into the
contracts of any applicable subcontractors.
ARTICLE 21 DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION.
By executing this contract the firm affirms that it is in compliance with the requirements of 2 C.F.R. Part
180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
ARTICLE 22 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY
COMPLAINTS.
By executing this contract the film affirms that it is not currently listed in the Florida Department of
Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.
ARTICLE 23 SCRUTINIZED COMPANIES
A. By executing this Agreement, the Contractor certifies that it is eligible to bid on, submit a
proposal for, or enter into or renew a contract with the County for goods or services pursuant
to Section 287.135, Florida Statutes.
B. Specifically, by executing this Agreement, the Contractor certifies that it is not on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida
Statutes, or is engaged in a boycott of Israel.
C. Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or more,
by executing this Agreement, the Contractor certifies that it is not:
1. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List," created
pursuant to Section 215.473, Florida Statutes; and/or
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2. Engaged in business operations in Cuba or Syria.
D. The County reserves the right to terminate this Agreement immediately should the Contractor
be found to:
1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter
into or renew a contract with the County for goods or services pursuant to Section
287.135, Florida Statutes; and/or
2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a
contract with the County for goods or services pursuant to Section 287.135, Florida
Statute subsequent to entering into this Agreement with the County.
E. If this Agreement is terminated by the County as provided in subparagraph 4(a) above, the
County reserves the right to pursue any and all available legal remedies against the Contractor,
including but not limited to the remedies as described in Section 287.135, Florida Statutes.
F. If this Agreement is terminated by the County as provided in subparagraph 4(b) above, the
Contractor shall be paid only for the funding -applicable work completed as of the date of the
County's termination.
G. Unless explicitly stated in this Section, no other damages, fees, and/or costs may be assessed
against the County for its termination of the Agreement pursuant to this Section.
ARTICLE 24 MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in the work, including alterations, reductions
therein or additions thereto. Upon receipt by the CONTRACTOR of the COUNTY' S notification
of a contemplated change, the CONTRACTOR shall (1) if requested by COUNTY, provide an
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
COUNTY of any estimated change in the completion date, and (3) advise the COUNTY in writing
if the contemplated change shall affect the CONTRACTOR'S ability to meet the completion dates
or schedules of this Contract.
If the COUNTY so instructs in writing, the CONTRACTOR shall suspend work on that portion
of the work affected by a contemplated change, pending the COUNTY'S decision to proceed with
the change.
If the COUNTY elects to make the change, the COUNTY shall issue a Contract Amendment or
Change Order and the CONTRACTOR shall not commence work on any such change until such
written amendment or change order has been issued and signed by each of the parties,
ARTICLE 25 CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by one of the
contracting parties seeking as a matter of right, the payment of a certain sum of money, the
adjustment or interpretation of contract terms, or other relief arising under or relating to this
contract.
Claims made by a Contractor/Contractor against the County relating to a particular contract shall
be submitted to the Procurement Manager in writing clearly labeled "Contract Claim" requesting
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a final decision. The Contractor also shall provide with the claim a certification as follows: "I
certify that the claim is made in good faith;
that the supporting data are accurate and complete to the best of my knowledge and belief; that the
amount requested accurately reflects the contract adjustment for which the Contractor/Contractor
believes the County is liable; and that I am duly authorized to certify the claim on behalf of the
Contractor/Contractor."
Failure to document a claim in this manner shall render the claim null and void. Moreover,
no claim shall be accepted after final Payment of the contract.
The decision of the Procurement Manager shall be issued in writing and shall be furnished to the
Contractor/Contractor. The decision shall state the reasons for the decision reached. The
Procurement Manager shall render the final decision within sixty (60) days after receipt of
Contractor's/Contractor's written request for a final decision. The Procurement Manager's
decision shall be final and conclusive.
The Contractor/Contractor shall proceed diligently with performance of this contract
pending final resolution of any request for relief, claim, appeal or action arising under the
contract and shall comply with any final decision rendered by the Manager of Procurement.
ARTICLE 26 TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall be tobacco free.
This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to
contractors and their personnel during contract performance on county -owned property. Tobacco
is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes,
chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied
under Chapter 386, Florida Statutes and/or contract enforcement remedies.
ARTICLE 27 VERIFICATION OF EMPLOYMENT STATUS
Prior to the employment of any person under this contract, the contractor shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of (a)
all persons employed during the contract term by the contractor to perform employment duties
within Florida and (b) all persons, including subcontractors, assigned by the contractor to perform
work pursuant to the contract with Orange County. Please refer to USCIS.gov for more
information on this process.
Only those employees determined eligible to work within the United States shall be
employed under the contract.
Therefore, by submission of a bid or proposal in response to this solicitation, the contractor
confirms that all employees in the above categories will undergo e-verification before placement
on this contract. The contractor further confirms his commitment to comply with this requirement
by completing the E- Verification certification.
ARTICLE 28 LAWS AND REGULATIONS
All applicable Federal and State laws, municipal and County ordinances shall apply to the
solicitation and Contract.
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ARTICLE 29 PRICE ESCALATION/DE-ESCALATION (CPJI
The County may allow a price escalation provision within this award. The original contract prices
.shall be firm for the entirety of the initial (three year) contract period. A price escalation/de-
escalation will be considered at the time of contract renewal and at renewal intervals thereafter,
provided the Contractor notifies the County,, in writing, of the pending price escalation/de-
escalation a minimum of sixty (60) days prior to the contract renewal date. Price adjustments shall
be based on the latest version of the Consumers Price Index (CPI-U).for All Urban Consumers,
All Items, U.S. City Average, non -seasonal, as published by the U.S. Department of Labor, Bureau
of Labor Statistics. This information is available at www.bis.gov.
Price adjustment shall be calculated by applying the simple percentage model to the CPI data, This
method is defined as subtracting the base period index value (at the time of initial award) from the
index value at time of calculation (latest version of the Cpl. published as of the date of request for
price adjustment), divided by the base period. index value to identify percentage of change, then
multiplying the percentage of change by 100 to identify the percentage change. Formula is as
follows:
Current Index — Base Index / Base index = % of Change
% of Change x 100 = Percentage Change
CPI-U Calculation Example:
CPI for current period
232.945
Less CPI for base period
229.815
Equals index point change
3,130
Divided by base period CPI
229.815
Equals
0.0136
Result multiplied by 100
0.0136 x 100
I Equals percent change
1 .4%
A price increase may be requested only at each time interval specified above, using the
methodology° outlined in this section. To request a price increase, Contractor shall. submit a letter
stating the percentage amount of the requested increase and adjusted price to the Orange County
Procurement Division. The letter shall include the complete calculation utilizing the formula
above, and a copy of the CPI-U index table used in the calculation. The maximum allowable
increase shall not exceed 46/o, unless authorized by the Manager, Procurement Division. If
approved, the price adjust —meat shall become effective on the contract renewal date. All. price
adjustments must be accepted by the Manager, Procurement Division and shall be: memorialized
by written amendment to this.contract, No retroactive contract price adjustments will be allowed,
Should the CPI-U for All Urban Consumers, All, Items, U.S City Average, as published by the
U.S. Department of Labor; Bureau of Labor Statistics decrease during the term of the contract, or
any renewals, the Contractor shall notify the Orange County Procurement Division of price
decreases in the method outlined above. If approved, the price adjustment shall become effective
on the contract renewal date. If the Contractor fails to pass the decrease on to the Countythe
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County reserves the right to place the Contractor in default, cancel the award, and remove the
Contractor fiom the County Vendor List for a period of time deemed suitable by the County. In
the event of this occurrence, the County further reserves the right to utilize any options as stated
herein.
ARTICLE 30 CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER -
TERM CONTRACTS
It is hereby made a part of this contract that before, during and after a public emergency, disaster,
hurricane, flood, or other acts of God that Orange County shall require a "first priority" basis for
goods and services. It is vital and imperative that the majority of citizens are protected from any
emergency situation which threatens public health and safety, as determined by the County.
Contractor agrees to rent/sell/lease all goods and services to the County or other governmental
entities as opposed to a private citizen, on a first priority basis. The County expects to pay
contractual prices for all goods or services required during an emergency situation. Contractor
shall furnish a twenty-four (24) hour phone number in the event of such an emergency.
ARTICLE 31 ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the Parties shall each bear their own costs, expert fees, attorneys' fees, and other
fees incurred in connection with this Agreement and any litigation that arises either directly, or
indirectly.
ARTICLE 32 JURY WAIVER
Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any
right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or
relating to this agreement.
ARTICLE 33 GOVERNING LAW AND VENUE
Any and all legal actions associated with this contract will be governed by the laws of the State of
Florida. Venue for any litigation involving this contract shall be in the Ninth Circuit Court in and
for Orange County, Florida. Should any federal claims arise for which the courts of the State of
Florida lack jurisdiction, venue for those actions will be in the Orlando Division of the U.S. Middle
District of Florida.
ARTICLE 34 NO REPRESENTATIONS
Each party represents that they have had the opportunity to consult with an attorney, and have
carefully read and understand the scope and effect of the provisions of this Agreement. Neither
party has relied upon any representations or statements made by the other party hereto which are
not specifically set forth in this Agreement.
ARTICLE 35 AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to, conduct its business, and that it will at all times conduct its
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business activities in a reputable manner. Proof of such licenses and approvals shall be submitted
to the COUNTY upon request.
ARTICLE 36 SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 37 SUCCESSORS AND ASSIGNS
The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the COUNTY nor the CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of the
COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the COUNTY and the CONTRACTOR.
ARTICLE 38 REMEDIES
This Contract shall be governed by the laws of the State of Florida. Venue for any litigation
involving this contract shall be the Circuit Court in and for Orange County, Florida. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
ARTICLE 39 ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or undei standings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, deleted,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 40 NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the COUNTY shall be mailed to:
ORANGE COUNTY PROCUREMENT DIVISION
400 E. SOUTH STREET
ORLANDO, FL 32801
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and if sent to the CONTRACTOR shall be mailed to:
CUBIX, INC.
6450 KINGSPOINTE PARKWAY
SUITE 10
ORLANDO, FL 32819
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IN WITNESS WHEREOF, the Board of County Commissioners of Orange County, Florida has
made and executed this Contract on behalf of the COUNTY and CONTRACTOR has hereunto set
its hand the day and year above written.
CONTRACTOR: ORANGE COUNTY, FLORIDA:
Cubix, Inc. ���
Company Name f Carrie Mathes, MPA, CFCM, CPPO, C.P.M.,
Procurement Division Manager
Signature Date
heather A. Corbitt _
Typed Name
_Accounting & H.R, Director
Title
March 7, 2019
Date
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EXHIBIT A
SCOPE OF SERVICES
1. GENERAL REQUIREMENTS
The Contractor shall provide SaniGlaze floor maintenance services for Orange County
facilities as specified herein.
Hours of Performance:
1) Standard Hours: Standard working hours are Monday through Friday, 6:00 AM to
6:00 PM, excluding Orange County holidays.
2) Non -Standard Hours: Non -Standard working hours are Monday through Friday,
6:01 PM to 5:59 AM, weekends, and Orange County holidays.
2. STAFFING REQUIREMENTS
A. The Contractor shall identify a lead person or supervisor with whom the County's
Representative may consult regarding contract performance throughout the duration of
the contract.
The Contractor shall immediately notify the Facilities Management Contract
Administrator at minimum seventy-two (72) hours prior to the replacement of a
supervisor or contact person. The name and telephone number of the replacement
supervisor or contact person shall be provided at that time. Any change to the
Contractor's point of contact shall be subject to the approval of the County. The
Contractor's Point of Contact shall have the capability to receive service requests and
complaints by landline telephone and cellular, text messages, and e-mail, to facilitate
timely service and corrective actions.
B. Effective communication with the County staff and building occupants is required to
perform this Scope of Services. Therefore, the Contractor shall ensure supervisors and
points of contact are able to read, write, and speak English fluently.
C. All personnel provided by the Contractor, whether employees of the Contractor or
subcontractor, shall be competent and skilled in the areas of their assigned
responsibilities.
D. The Contractor shall maintain sole responsibility for the actions of its employees and
subcontractors.
E. The Contractor shall ensure that all employees are properly dressed with a uniform shut
displaying the company name/logo and prominently wear a photo ID badge on the front
of their uniform at all times when on County property. The Contractor shall ensure that
all of its employees are clean, neat and appropriately attired during the performance of
the services. The Contractor shall be responsible for providing company photo ID
badges for all employees and subcontractors.
There shall be no smoking on County property at any time.
DocuSign Envelope ID: 6CDA450B-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
F. Only Contractor employees shall be used to perform the required services of this
contract unless otherwise approved, in writing, by the County Representative. The
Contractor shall not use employees of any temporary employment agency to
supplement his work force in County buildings for any reason.
G. All Contractor personnel, including subcontractors, shall identify themselves at the
appropriate administrative office upon arrival and prior to beginning work and upon
completion of work and leaving site. Contractor personnel shall sign -in on arrival and
sign -out upon completion of all services.
H. It is the responsibility of the contractor to provide the proper training and supervision
of their employees. Training records for all employees including certifications and
recertification shall be provided to the County upon request.
3. PERFORMANCE REQUIREMENTS
A. The Contractor shall conform to all Federal, State, City, and Orange County standards
and regulations during the performance of the contract. Any fines levied due to
inadequacies or failure to comply with any and all requirements shall be the sole
responsibility of the Contractor.
Any person found not in compliance with any laws, statutes, rules or regulations will
not be allowed on the work site. Continued violations by a Contractor shall constitute
cause for immediate termination of the Contract.
B. All of the services required hereunder shall be performed by the Contractor or under
the Contractor's supervision. All personnel engaged in performing the services shall
be fully qualified, experienced, certified, licensed and/or permitted under state and
local law to perform such services.
C. The Contractor shall remove all contractor's personnel (including subcontractors)
from County property who are deemed careless, incompetent, insubordinate,
reasonably objectionable, or whose continued employment is deemed to be contrary
to the interest of the County as determined by the County, or if it is determined that
services are not being performed in accordance with the terms and conditions of this
contract.
The County's request to remove any employee from this contract shall, in no instance,
be considered a request for the contractor to terminate the designated individual from
contractor's employment. The sole intent is removal from this contract.
D. Work shall be scheduled to provide the least inconvenience to building occupants and
visitors.
E. The County may schedule meetings periodically to review contract terms, performance,
and other contractual related matters. The Contractor shall be required to attend all
meetings as requested by the Contract Administrator and County Representative at no
additional cost to the County.
F. Services not performed in accordance to the content of this contract shall be considered
unsatisfactory and unacceptable. In the event of non-performance or unsatisfactory
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
performance by the Contractor, or employees of (including subcontractors), the
County's Representative shall have the right to exercise one of the following options:
1) Notify the Contractor of non-performance/unsatisfactory performance and
allow Contractor to correct such item of non-performance/unsatisfactory
performance within a twenty-four (24) hour timeframe. Although the
timeframe for malting corrections may occur outside of the Contractor's normal
working hours, the Contractor shall not receive any further compensation.
2) The Contract Administrator may request the Contractor remove any Supervisor
or employee if it is a personnel related issue.
3) The County reserves the right to correct any item of non-performance/
unsatisfactory performance by any means it deems necessary to ensure the
effective operation of the County's facilities. Costs incurred by the County for
the correction using County employees shall be deducted from payments made
to the Contractor. If another Contractor is used to correct the item, that cost
will be deducted at the rate charged by the requested Contractor.
G. The County's Representative shall notify the Procurement Division of the
unsatisfactory performance and or deficiencies in service that remain unresolved or
reoccurring. The Procurement Division, may after appropriate notice, talte necessary
actions to address unsatisfactory performance up to and including termination for
default.
4. SAFETY REQUIRE MENTS
A. The Contractor shall provide and ensure that all personnel providing services under this
contract are in compliance with applicable laws, standards, and health and safety
requirements of the industry to include by not limited to:
Occupational Safety and Health Act (OSHA)
■ National Institute for Occupational Safety & Health (NIOSH)
■ Orange County Safety & Health Manual.
The manual can be accessed online at:
http://www.oranaecogntyfl.netfVendorSeryices/Orange( ountySafetyandHealt
hManual.aspx
The Contractor shall 'immediately report to the County's Representative the issues
which may affect the safety of Orange County personnel or the public.
B. The Contractor shall prepare and maintain a Safety Plan to ensure that work performed
herein conforms to contract requirements. This plan shall be submitted to the County
upon request. Safety Plan shall conform to the standards and manuals outlined in the
section
C. Prior to performing service or maintenance on any equipment where the unexpected
energizing, startup, or release of stored energy could occur and cause injury, the
equipment shall be isolated and rendered inoperative through the use of a lockout
device whenever the equipment is capable of being locked -out.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
D. The Contractor shall provide and ensure the wearing of necessary protective clothing,
masks, eye protection, hearing protection, etc. as required by any applicable laws,
regulations, ordinances, and/or manufacturer's instruction.
E. All equipment used in the performance of these services shall be properly maintained
and shall be subject to inspection by the County upon demand. Any equipment deemed
faulty, inoperable, unsafe or improper for its intended purpose shall be promptly
removed from the County's premises.
F. The Contractor shall be responsible for all costs to repair any damage to County
facilities or property caused by Contractor's services being incorrectly performed or
omitted.
6. SECURITY CLEARANCE RE QUIREMENTS
A. Background checks for the Contractor's staff shall be approved by the County
prior to working in any County facility. All costs for background investigations
shall be Contractor's responsibility. The County reserves the right to conduct its own
investigation and request any additional investigative background information of
any personnel assigned to perform the services. The Contractor shall furnish, in
writing, such information to the extent allowed by law, prior to commencement of
services.
B. Contractor shall comply with the different security requirements for each County
facility, including but not limited to:
Orange County Courthouse (OCCH)
Orange County Correction Complex
Orange County Fire Rescue
C. It shall be the Contractor's responsibility to become familiar with access to each job
site and the required security clearance and check -in procedures.
D. Background checks and additional security requirements are addressed in detail in the
Scope of Service, Supplemental Information, attached herein. The Contractor is
responsible for reading, understanding, and application of all contract terms.
6. TRAVEL AND PARKING
A. The Contractor shall be responsible for all of its travel and per diem costs to and from
the various County facilities. Travel time shall not be compensated by the County
under any circumstances.
B. The County will identify locations where Contractor vehicle parking is available. If
there is a cost associated with parking, those costs shall be paid by the Contractor or
Contractor's employee. Orange County will not be responsible for any damage to
Contractor or Contractor's employees' vehicles while parked on Orange County
property. Vehicles towed from Orange County property will be at the expense of the
Contractor or Contractor's employee. Contractor and Contractor's employee vehicles
shall be properly identified.
DocuSign Envelope ID: 6CDA450B-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
7. SPECIFICATIONS
A. EnduraGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs solid opaque, polymer overcoat on top of existing grout lines; and installs a
durable, chemical and urine resistant, clear polymer coating over the entire tile and
grout surface.
B. GroutGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs solid opaque, polymer overcoat on top of existing grout lines.
C. SurfaceGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs a durable, chemical and urine resistant, clear polymer coating over the entire
tile and grout surface.
D. ChromaGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout sin -faces; and
installs a solid opaque, polymer overcoat on top of existing grout lines; and installs a
durable, chemical and urine resistant, clear polymer coating over the entire tile and
grout surface.
E. ChromaGLAZE+ Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs a solid clear coat of clear, polymer overcoat on top of existing grout lines; and
installs a durable, chemical and urine resistant, clear polymer coating over the entire
tile and grout surface.
F. Xce1KLEEN Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic the and grout surfaces.
G. El verGLAZE Maintenance Program
A set of procedures utilizing specialized equipment and chemicals to maintain tile and
grout floor surfaces on a periodic basis that have been restored by the EndurGLAZE
Tile and Grout Restoration process.
H. VariGLAZE Process
DocuSign Envelope ID: 6CDA450B-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
A restorative bonding process utilizing two very durable coatings plus decorative
accents chips to overlay the entire surface, The base is a pigmented coating available
in a variety of colors; the top coat is a clear coating. This process will change the color
of both the tile and grout to create a neat, unified look. A special compound of micro -
particles can be added to enhance appearance and improve the coefficient of friction.
VariGLAZE provides and exceptionally high level of appearance and the ultimate in
protection.
I. Site Preparation Services, Minor
Pre -restoration process work necessary before commencement of restoration process
steps. Examples include removal of floor coatings/caulking/polyurethane, removal and
replacement of partitions or work area impediments, and grout sawing in cases where
grout depth is insufficient to achieve permanent bonding of glazing compound. Work
effort involved estimated to be Minor.
.I. Site Preparation Services, Moderate
Pre -restoration process work necessary before commencement of restoration process
steps. Examples include removal of floor coatings/caulking/polyurethane, removal and
replacement of partitions or work area impediments, and grout sawing in cases where
grout depth is insufficient to achieve permanent bonding of glazing compound. Work
effort involved estimated to be Moderate.
K. Site Preparation Services, Extensive
Pre -restoration process work necessary before commencement of restoration process
steps. Examples include removal of floor coatings/caulking/polyurethane, removal and
replacement of partitions or work area impediments, and grout sawing in cases where
grout depth is insufficient to achieve permanent bonding of glazing compound. Work
effort involved estimated to be Extensive.
8. COORDINATION Or WORK
The Contractor shall coordinate with the County Representative to perform all services.
The Contractor shall plan and coordinate its efforts to not interfere with business operation
or other contractors at the locations where work is to be performed.
A. The Contractor shall meet with the County Representative as mutually agreed to
discuss the floor care maintenance services type, quantities, and schedule.
B. The Contractor shall prepare a quote per the price proposal form for services to be
provided. The quote shall be itemize per the line items on the price proposal form and
respective quantities. The quote shall also identify the time flame for service
completion from receipt of authorization to proceed.
C. Performance period in the number of calendar days shall be mutually agreed upon by
the County's Representative and the Contractor and shall be included as a part of the
quote. The Contractor shall provide a timeframe from date of authorization to proceed
for work completion. This information shall be included on the quote and delivery
order.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
D. The County reserves the right to enter into negotiations with the Contractor whenever
it deems that negotiations will be in the best interest of the County. These negotiations
may increase or decrease the original scope of work. Upon completion of negotiations,
a new estimate shall be prepared by the Contractor and submitted to the County
Representative for approval.
E. The County representative will provide the Contractor a minimum of seventy-two (72)
hours advance notice if rescheduling or cancellation becomes necessary. Notice time
frame does not include weekends and holidays.
F. No work shall be performed under the contract without an approved Delivery Order
issued by Orange County.
9. CHEMICALS
A. The Contractor shall develop and implement procedures to ensure its employees use
chemicals in accordance with the instructions of the chemical manufacturers.
B. All chemicals shall be purchased and brought on -site in ready to use containers with
the original manufacturer's label that includes the name, address, phone number,
instructions for use, warnings and safety instructions, and the Safety Data Sheet (SDS)
as required by federal statute, All chemical containers shall have the manufacturer's
quality control batch numbers included on cases or containers. Safety Data Sheet
(SDS) shall be provided upon request.
C. Materials that require precautionary warnings shall have affixed to all containers such
labels or markings as are prescribed by law, regulatory agencies or this contract.
Markings or labeling of materials containing hazardous or toxic substances or wastes
shall be in accordance with all federal, state, and local laws, ordinances, rules and
regulations.
D. All cleaning chemicals shall be disposed of per manufacturer's specifications and
applicable rules and regulations.
10. INVOICING REQUIREMENTS
A. Upon delivery and acceptance of service, associated cost shall be submitted by invoice
to the appropriate County department per the Special Terms and Conditions. The
Contractor shall reference the contract number and the appropriate purchase or delivery
order number on all invoices.
At minimum, an invoice shall contain the following information:
• Delivery order number;
• Date of order (if possible);
• Date of delivery;
• Itemized charges per the delivery order and price proposal form.
• Service location
B. The Contractor shall submit final invoice for service within thirty (30) calendar
days of completion.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
C. The County shall review invoices for required information. The County shall have
the authority to reject invoices based on improper invoice format and lack of
supporting documents.
D. Contractor shall not invoice the County for services not accepted by the County.
Should the County received such invoices, they shall be rejected.
E. The Contractor shall submit monthly statements of unpaid invoices to each
department ordering services under this contract.
At minimum, the statement shall contain the following information:
• Statement date
• Invoice numbers
• Invoice dates
• Invoice total or unpaid balance if different from invoice total
• Delivery order number corresponding to each invoice listed
• Balance carry forward
• Cumulative outstanding balance
Statements shall be sent to the corresponding ordering department, fiscal
department, and contract administrator by the 1 Sty` of each month for service
performed in the prior month and as requested by the County.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
SCOPE OF SERVICES
SUPPLEMENTAL INFORMATION
1. GENERAL SECURITY AND IDENTIFICATION RE QUIREMENTS
A. All costs for background investigations including state and national finger -printing -
based record checks shall be Contractor's responsibility. The County will have the
right to request any additional investigative background information including, but
not limited to, the employment record, Right -To -Know records, training records,
payroll records, position for which hired including site location of any personnel
assigned to perform the services. The Contractor shall furnish, in writing, such
information to the extent allowed by law, prior to commencement of services. The
County reserves the right to conduct its own investigation of any employee of the
Contractor.
B. The Contractor shall be responsible for security clearance compliance for all
employees and subcontractors. Background checks and security clearance
requirements shall be based on the security requirements for each facility. The
Contractor shall perform background checks at the Contractor's expense, including
any security clearance required by the Florida Department of Law Enforcement
(FDLE), Division of Criminal Justice Information Services (CJIS) and submit them
to County for determining whether the employee is allowed to work for in a
particular facility.
Background Checks for the Contractor's staff must be approved by the County prior
to working in any County facility. Contractors are responsible for obtaining the
necessary forms for background checks as follows:
1. For all Contractor's staff that will be working at the Courthouse Complex
or Courthouse related facilities, including the Juvenile Justice Center, -
request forms from the Facilities Management Downtown District via e-
mail from Kaela.Convers' i.'.:ocfl.net.
2. For all Contractor's staff that will be working at the Sheriffs Central
Complex or any other Sheriff related facility - request forms from the
Facilities Management Special Services District via e-mail from
Bruce.Heffelbower,�ia,ocfl.net
3. For all Contractor's staff that will be working at Corrections or a Correction
related facilities - request forms via e-mail from
MichaelJeffrey.Adkins cr, ocfl.net.
4. For all Contractor's staff that will be working at other Orange County
facilities — a Criminal History Check, conducted at the FDLE website
( www.fdle.state.fl.us/ -there is a cost to the contractor), is required. Contact
Biuce,Heffelbower!ir)ocil.net for specifics before completing the check.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
For security purposes and to maintain privacy when submitting FDLE Background
Checks via e-mail the subject line of the email must contain the following:
***EXEMPT***
Due to the time required to process background checks, the Contractor should allow
2-3 weeks turn -around time. Each County Representative will inform the
contractor of their Background Check results.
Upon Background Check approval, the Contractor's staff shall go to the Orange
County Human Resources office located at 450 E. South St., Orlando, FL 32801
with an Affidavit of Identity form (issued by Contractor, sample form in contract
documents) and a State of Florida I.D. or Driver's License to obtain their Orange
County photo I.D. badge.
C. Contractor's employees will not be allowed to work in Orange County facilities
without completed and approved background investigations.
D. Upon termination or transfer of any employee of the Contractor working under this
contract, the Contractor shall immediately notify the County's Representative, in
writing, of such termination or transfer and return said employee's Orange County
photo I.D. badge to the Facilities Management Division Contract Administrator.
E. The Contractor shall report the arrest of any employee working under the terms of
this contract to the County's Representative within twenty four (24) hours of the
arrest or knowledge of the arrest. It shall be subject to the approval of the County
whether the employee shall continue to work at County locations within this
contract.
F. The Contractor shall remove from County premises any of his employees who, in
the opinion of the County's Representative, is not performing the services in a
proper manner or does not comply with the rules and regulations of the County.
The Contractor shall in no way, interpret such removal to require dismissal or other
disciplinary action of the employee. The County's Representative will request that
anyone suspected of working under the influence of alcohol or controlled
substances be removed from the workplace. The Contractor shall establish,
implement and maintain procedures and controls to ensure that their employees
comply with all applicable provisions of the contract and all site rules and practices
of the County
G. The Contractor shall not use employees of any temporary employment agency to
supplement his work force in County buildings for any reason. Only Contractor
employees shall be used to perform the required services of this contract unless
otherwise approved, in writing, by the County's Representative.
H. The Contractor shall prevent its employees from tampering with any owned items
of County employees or County owned property or entering into any area unless
required in the performance of the services.
I. Contractor personnel are required to wear uniforms and employer identification
badges displaying their company name to adequately identify them as company
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
staff. The contractor shall ensure that all of its employees are clean, neat and
appropriately attired during performance of the services.
J. The Contractor shall ensure all employees prominently wear the ID badge on the
front of his or her uniform at all times while on County premises.
K. Access to a site must be coordinated through the County's Representative.
L. Sixty (60) days prior to each Contract renewal or contract end, the Contractor's
Orange County photo ID badge will be inventoried by the Facilities Management
Division Contract Administrator. At that time, the Contractor will be advised of
any missing ID cards. If any ID Cards are missing, the Contractor will be charged
a $25.00 fee per each missing ID badge. However, the County may charge and
collect this fee at any time during the contract.
2. SPECIAL CONDITIONS FOR WORKING AT THE CORRECTIONS COMPLEX
The following are specific conditions and rules that must be followed while providing
services at the Corrections Complex.
A. All Contractor employees shall carry a valid ID at all times.
B. The Contractor shall provide a list of all employees that will be working inside any
jail. A full criminal history shall be run on each employee by the Corrections
Department. No Contractor employee will be allowed to work inside any jail if
they are on active probation, home confinement, parole or have been arrested within
the last five (5) years or have been arrested for any crime involving violence, drugs
or theft. The Contractor employee list shall include:
1. Employee's Full name
2. Employee's date of birth
3. Employee's Race/Sex
4. Employee's Social Security Number
5. Employee's Driver's License number
C. Only authorized employees of the Contractor shall be allowed to work at
Corrections. WORK RELEASE INMATES ARE NOT AUTHORIZED TO
WORK ON ANY JAIL PROJECT.
D. Contractor's employee shall wear their Contractor issued ID on the collar of their
shirt at all times while on the Corrections compound. This ID will be issued to each
Contractor employee at the North perimeter building and will only be given upon
surrendering of a valid personal ID.
E. If an ID is lost, the Contractor's employee shall report it immediately to their escort
officer.
F. In the event of an emergency, the Contractor's employee shall report it to the
nearest Corrections staff member. They will contact 911.
G. The Contractor's employees shall follow direction of the escort officer at all
times.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
fI. The Contractor's employees shall not bring tobacco or tobacco products inside any
jail or on top of any roof or within any jail fence line.
I. The Contractor's employees shall not bring or wear hats or sunglasses inside any
facility.
J. The Contractor's employees shall not bung any cell phones inside the facility
unless authorized by Corrections.
K. Contractor vehicles shall have the windows rolled up and be locked at all times and
parked in only pre -authorized areas.
L. The Contractor shall ensure that during breaks, if a Contractor's employee leaves
an area, all tools must be removed.
M. All Contractor tools will be inventoried going into and out of a facility. Contractor
shall ensure that employees take in only what is needed to perform the services.
N. At the end of each workday, the Contractor shall ensure that all tools and debris are
collected. The Contractor shall conduct an inspection of all areas to ensure all tools
are accounted for.
O. No illegal drugs or drug paraphernalia are allowed in the compound.
P. No weapons, guns or ammunition are allowed in the compound.
Q. The Contractor shall ensure that no inmate interaction occurs. The Contractor's
employees shall not talk to or give or receive anything from an inmate, including
cigarettes.
R. The Contractor shall only use storage areas approved at the beginning of the project,
unless otherwise permitted during a project by Corrections.
S. The Contractor shall not leave clothing unattended, including hats and sunglasses.
3. SPECIAL CONDITIONS FOR WORKING AT THE CONVENTION CENTER
A. All costs for background investigations will be Contractor's responsibility. The
County shall have the might to request any additional investigative background
information including, but not limited to, the employment record, Right -To -Know
records, E-Verify system records (if the Contractor uses this service as a means to
determine employment eligibility, available through www.uscis.gov), training
records, payroll records, position for which hired including site location of any
personnel assigned to perform the services. The Contractor shall furnish, in writing,
such information to the extent allowed by law, prior to commencement of services.
The Comity reserves the right to conduct its own investigation of any employee of
the Contractor.
B. Background Checks for the Contractor's staff must be approved by OCCC Security
team prior to working in any County facility. Contractors are responsible for
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
obtaining the necessary forms for background checks as follows. The background
checks must be performed yearly:
For all Contractor's staff and/or employee that will be working at any
part of the Convention Center and related facilities, including
Destination Parkway Parking Structure, the Contractor shall perform
background checks at its expense and submit them to OCCC for
determining whether the employee is acceptable to be allowed to work
for OCCC. The background checks must be submitted each year the
contract is valid.
2. The contractor shall provide a level 1 (5 years) background check, dated
90 days prior to contract staid and five panel drug screen, for any
employees before starting work to include:
a. Identification Verification
b. Selective Service Status (registered/unregistered).
C. FDLE Automated Criminal Record
d. Clerk of Courts by County of Residence
C. Employment Verification
f. DMB by State Residence
g. Military Verification
h. Professional License and Certification Check
Drug Screen — Five Panel
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiate Metabolites
Phencyclidine
C. Contractor's employees will not be allowed in Orange County Convention Center
without completed and approved background investigations.
D. Upon termination or transfer of any employee of the Contractor working under
this contract, the Contractor shall immediately notify the County
Representative, in writing, of such termination or transfer.
E. The Contractor shall report the arrest of any employee working under the terms
of this contract to the Orange County Convention Center Representative within
twenty four (24) hours of the arrest or knowledge of the arrest. It shall be
subject to the approval of the Orange County Convention Center whether
the employee shall continue to work at Center locations within this contract.
F. The Contractor shall ensure that all vehicles used by their staff are
properly identified with the companies name and logo.
G. The Contractor shall remove from Convention Center premises any of his
employee's who, in the opinion of the County's Representative, or
designee, is not performing the services in a proper manner, or who is
incompetent, disorderly, abusive, dangerous, disruptive, or does not comply
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
with the rules and regulations of the County. The Contractor shall in no way,
interpret such removal to require dismissal or other disciplinary action of the
employee. Employees shall not use controlled substances, unless prescribed,
nor illegal substances, and shall not use alcohol on the Center premises. The
Convention Center Representative will request that anyone suspected of working
under the influence of alcohol or controlled substances be removed from the
workplace.
H. OCCC Photo Identification Badges will be issued on an as -needed basis for the
Contractor's employees that have successfully passed their background check
and five panel drug screen check. Badges are the property of the OCCC. Each
lost and/or misplaced badge will result in a $25.00 replacement fee, payable to
the OCCC. Payment should be taken to the Business Services office prior to
obtaining the replacement badge (receipt must be presented in order to receive
a replacement badge). Keys may also be issued to Contractor's employees on
an as -needed basis. All keys are the property of the OCCC. There will be a
$35 charge per key for all lost and unreturned keys. If multiple cores must be
changed due to a missing key, the Contractor shall be responsible for all the
core changes. Core changes are $35.00 per core.
4. ORANGE COUNTY HOLIDAYS
Legal holidays when most County buildings will be closed to the public, are as follows:
1. New Year's Day
2. Martin Luther King Day
3. Memorial Day
4. Fourth of July
5. Labor Day
6. Thanksgiving Day and the Friday after Thanksgiving Day
7. Christmas Eve and Christmas Day
In addition to Orange County Holidays, the Ninth Judicial Circuit Court and the Clerk of
Court also observe the following:
1. Good Friday
2. Rosh Hashanah
3. Yom Kippur
4. Veterans Day
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
TEE SCHEDULE
Y19-1018-MV
SANIGLAZE
Item I Description � Estimated Unit Price Estimated
# Quantity Annual Total
per square ft.
EnduraGLAZE Process
1 (as specified) 25,000 $8.25 $ 206,250.00
2 GroutGLAZE Process 5,000 $ 27,500.00
(as specified)
3 SurfaceGLAZE
IProcess (as specified)
$5.50
101000 $5.00 $ 50,000.00
I --
4 ChromaGlaze Process 1,000 $ 5,500.00
(as specified) $5.50
5
ChromaGLAZE+
1,000
Process (as specified)
Xce[KLEEN Process
6
(as specified)
5,000
EverGLAZE
7
Maintenance Program
5,000
tas specified]
8
VariGLAZE Process
15,000
1
(as specified)
Site Preparation
9
Services, Minor (as
20,000
specified)
Site Preparation
10
Services, Moderate (as
20,000
specified)
Site Preparation
11
Services, Extensive (as
5,000
s ecified)
$7.00 $ 7,000.00
$3.00 $ 15,000.00
$1.50 $ 7,500.00
$ 8,60 $ 127,500.00
$0,25 $ 5,000,00
ii
I $1.00 $ 20,000.00
$1.75 $ 8,750.00
Estimated Annual Total
EXT11BIT B
THREE
ESTIMATED
YEARS
THREE
YEARS
TOTAL
X 3
X 3
$618,750.00
X 3
$82,500.00
X 3
$150,000.00
X 3 $16,500.00
X 3 $21,000.00
X 3
$45,000.00
X 3 $22, 500.00
X 3 $382,500.00
X 3 1 $15,000.00
X 3 1 $60,000.00
X 3 $26,250.00
.00 1 X 3 $1,440,000
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
TIN#
Cubix, Inc.
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
59-3069016
D-U-N-SO # 00-892-3279
6450 Kin s ointe Parkway Suite 10 Orlando
(Street No. or P.O. Box Number) (Street Name) (City)
Florida
nranaF 32819
(County)
Contact Person:
Phone Number:
Email Address:
(State)
407-928-1004
Travis@cubix-inc.com
(Zip Code)
Travis Owens
Fax Number:
EMERGENCY CONTACT
Emergency Contact Person: Travis Owens
407-373-7412
Telephone Number: 407-928-1004 Cell Phone Number: 407-373-7412
Residence Telephone Number: Cell __ Email: Travis@cubix-inc.com
ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the
blocks below or by completion of the applicable information on the addendum and returning it not
later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a
material impact on this solicitation may negatively impact the responsiveness of your bid. Material
impacts include but are not limited to changes to specifications, scope of work/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No. , Date
Addendum No. , Date,
Addendum No. , Date Addendum No. , Date -
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate and/or
sign contracts and related documents to which the bidder will be duly bound. Principal is defined
as an employee, officer or other technical or rofessional in a position capable of substantiall
influencing the development or -outcome of an activity required to perform the covered transaction.
Name
Heather A. Corbitt
Travis Owens
Title Telephone Number/Email
407-373-7410 ext801
Accounting & H.R. Director Heather cubix-inc.com
407-373-7410 ext 803
Sales & FloorinZ Director Travis(ctcubix-inc.com
AU March 7, 2019
(Signature) (Date)
(Title) Accounting & H.R. Director
(Name of Business) Cubix, Inc.
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non -Profit
Joint Venture* X_ Corporation
(a)
(b) State of Incorporation: Florida
Principal Place of Business (Florida Statute Chapter 607): _Orlando, Orange CounM, Florida
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE
FLORIDA DIVISION OF CORPORATIONS.
Federal I.D. number is: 59-3069016
Joint venture firms must complete and submit with their Bid Response the form titled `7r formation for Deternririi►tg
Joint Venture Eligibility", and a copy of the formal agreement between all joint venture parties. This joint venture
agreement must indicate the parties' respective roles, responsibilities and levels ofparticipation for the project. k
vronosine as a Joint Venture, the Joint Venture shall obtain and maintain all contractuallp _required insurance
in the nante of the Joint Venture as required by the Contract. Individual insurance in the name of the parties to
the Joint venture will not be accented_ Failure to timely submit the required form along with an attached written
copy of the joint venture agreement may restdt in disqualification of your Bid Response
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
DRUG -FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
Cubix Inc. does:
Name of Business
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation progratri f such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with above
requirements.
Bidder's Signature
March 7, 2.019
Date
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
IX ] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
OR
[ ] The undersigned bidder, by attachment to this form, submits information which
may be a potential conflict of interest due to other clients, contracts, or property interest for
this project.
LITIGATION STATEMENT
CURCK ONE.
[ X ] The undersigned bidder has had no litigation and/or judgments entered against
it by any local, state or federal entity and has had no litigation and/or judgments entered
against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments entered
by or against any local, state or federal entity, by any state or federal court, during the past
ten (10) years.
Cubix, Inc.
COMPANY NAME
AUTHORIZED SIGNATURE
Heather A. Corbitt
NAME (PRINT OR TYPE)
Accounting & H.R. Director
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise,
failure to provide documentation of a possible conflict of interest, or a summary of past litigation
and/or judgments, may result in disqualification of your bid.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
E VERIFICATION CERTIFICATION
Contract No.Y19-1018-MV
I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify system in
accordance with the terms governing the use of the system to confirm the employment eligibility
of the individuals classified below. In accordance with s. 837,06, Florida Statutes, I understand
and acknowledge that whoever knowingly makes a false statement in writing with the intent to
mislead a public servant in the performance of his or her official duties shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida
statutes.
All persons, including subcontractors and their workforce, who will perform work under Contract
NoX19-1018-MV, SaniGlaze, within the state of Florida.
NAME OF CONTRACTOR: Cubix Inc.
ADDRESS OF CONTRACTOR: 6454 Kingsnointe Parkwate 10 _
Orlando, FL 32819
AUTHORIZED SIGNATURE: \ . , r
TITLE: Accounting & H.R; Director
DATE: March 7 2019
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY BIDDER
For procurement items that will come before the Board of County Commissioners for final
approval, this form shall be completed by the Bidder and shall be submitted to the Procurement
Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file an amended
form on or before the date the item is considered by the appropriate board or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder-
Cubix, Inc.
Business Address (Street/P.O. Box, City and Zip Code):
6450 Kingsoaiizte Parkway, Suite 10
Orlando F132819
Business Phone: ( 407 ) 373-7410
Facsimile: (407) 373-7412
INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to he attached)
Name of Bidder's Authorized Agent:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone: ( ) _
Facsimile:
Page 1
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
Part 11
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
YES X NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER'S EMPLOYEE?
YES _X NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
YES X_ NO
If you responded "YES" to any of the above questions, please state with whom and explain
the relationship.
(Use additional sheets of paper if necessary)
Page 2
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A61DC9
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and correct
based on my knowledge and belief. If any of this information changes, I further acknowledge and
agree to amend this relationship disclosure form prior to any meeting at which the above -
referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I
understand and acknowledge that whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his or her official duty shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or S. 775.083, Florida
Statutes.
Lill
Signature of Bidder
Printed Name and Title of Person completing this form:
Heather A. Corbitt
STATE OF , t
COUNTY OF e,
March 7, 2019
Date
Accounting & %—R--0�TU-kCX-
I certify that the foregoing instrument was acknowledged before me this
—10' day of . Ady c k 20_ft by 6d jlj� Cot- 61 V Jr He/she is personally
known to me or has produced 'D,,r N4ey,! Lin In SCE as identification and did/did not
take an oath.
Witness my hand and official seal in the county and state stated above on
the Zday of r'jarG� , in the year 20l
JUAN C TOLEDO
MY COMMISSION # FF976876
EXPIRES May 13. 2020
ao�r aan-0raa FloHdatiab rysAndes om
(Notary Seal)
Staff signature and date of receipt of form
Signat i e of Notary Public
Notary ublic for the State of FLar i r��
My Commission Expires;
Staff reviews as to form and does not attest to the accuracy or veracity of the information
provided herein.
Page 3
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application submittals. This
form shall remain cumulative and shall be filed with the department processing your application. Forms
signed by a principal's authorized agent shall include an executed Agent Authorization Form.
This is the initial Form: X_
This is a Subsequent Form:
Part I
Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls):
Cubix. _Inc. 6450 Kinfrs:�ointe Parkway,. Suite 10. Orlando.. , FLL 32819____�
Name and Address of Principal's Authorized Agent, if applicable:
Last the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals
or business entities who will assist with obtaining approval for this project. (Additional forms
may be used as necessary.)
Name and address of individual or business entity:
Are they registered Lobbyist? Yes ____ or No
2. Name and address of individual or business entity:._
Are they registered Lobbyist? Yes _ or No-
3. Name and address of individual or business entity:__ ,
Are they registered Lobbyist? Yes_ or No
4. Name and address of individual or business entity:
Are they registered Lobbyist? Yes — or No
5. Name and address of individual or business entity:
Are they registered Lobbyist? Yes -- or No
6. Name and address of individual or business entity: _s
Are they registered Lobbyist? Yes _^ or No
7. Name and address of individual or business entity: _
Are they registered Lobbyist? Yes _ or No_
8. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No�
Page 1
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
Part II
Expenditures:
For this report, an "expenditure" means money or anything of value given by the principal and/or his/her
lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include
public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of
print and distribution of publications. However, the term "expenditure" does not include:
*Contributions or expenditures reported pursuant to chapter 106, Florida Statutes;
*Federal election law, campaign -related personal services provided without compensation by
individuals volunteering their time;
*Any other contribution or expenditure made by or to a political party;
*Any other contribution or expenditure made by an organization that is exempt from taxation under
26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or
*Professional fees paid to registered lobbyists associated with the project or item.
The following is a complete listrof all lobbying expenditures and activities (including those of lobbyists,
contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and expended in
connection with the above -referenced project or issue. You need not include de minimus costs (under
$50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or
other documents related to this project.
Date of
Expenditure
Name of Party
Incurring
Expenditure
Description of Activity
Amount Paid
TOTAL EXPENDED THIS
REPORT
$
Page 2
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A61DC9
Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and correct
based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section
2-354, of the Orange County code, to amend this specific project expenditure report for any additional
expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner
meeting. I further acknowledge and agree that failure to comply with these requirements to file the
specific expenditure report and all associated amendments may result in the delay of approval by the
Board of County Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in the
performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida Statutes.
March 7, 2019
Date Signature of principal or o Principal's Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
Heather A. Corbitt Accounting & H.R. Director
STATE OF F}or•icJcL
COUNTY OF
I certify that the foregoing instrument was acknowledged before me this
'1}~ day of _['far(' , , 20161by %-�r S',xh�k; A4 He/she is personally
known tome or has produced b rive rl5 j_ i r en g-r as identification and did/did not
take an oath.
Witness my hand and official seal in the county and state stated above on
the 1144' day of Ho v&k , in the year
JUAN C TOLF.00 �-
i MY COMMISSION # FF976878 Signat e of Notary Public
. *Oyd� 2020 Notary Public for the State of
(407) 39$-0t62 Fwpe�Noh $ervka.cmn
My Commission Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does not attest to the accuracy or veracity of the information
provided herein.
Page 3
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
TEE SCHEDULE
Y19-1018-MV
SANIGLAZE
Item I Description � Estimated Unit Price Estimated
# Quantity Annual Total
per square ft.
EnduraGLAZE Process
1 (as specified) 25,000 $8.25 $ 206,250.00
2 GroutGLAZE Process 5,000 $ 27,500.00
(as specified)
3 SurfaceGLAZE
IProcess (as specified)
$5.50
101000 $5.00 $ 50,000.00
I --
4 ChromaGlaze Process 1,000 $ 5,500.00
(as specified) $5.50
5
ChromaGLAZE+
1,000
Process (as specified)
Xce[KLEEN Process
6
(as specified)
5,000
EverGLAZE
7
Maintenance Program
5,000
tas specified]
8
VariGLAZE Process
15,000
1
(as specified)
Site Preparation
9
Services, Minor (as
20,000
specified)
Site Preparation
10
Services, Moderate (as
20,000
specified)
Site Preparation
11
Services, Extensive (as
5,000
s ecified)
$7.00 $ 7,000.00
$3.00 $ 15,000.00
$1.50 $ 7,500.00
$ 8,60 $ 127,500.00
$0,25 $ 5,000,00
ii
I $1.00 $ 20,000.00
$1.75 $ 8,750.00
Estimated Annual Total
EXT11BIT B
THREE
ESTIMATED
YEARS
THREE
YEARS
TOTAL
X 3
X 3
$618,750.00
X 3
$82,500.00
X 3
$150,000.00
X 3 $16,500.00
X 3 $21,000.00
X 3
$45,000.00
X 3 $22, 500.00
X 3 $382,500.00
X 3 1 $15,000.00
X 3 1 $60,000.00
X 3 $26,250.00
.00 1 X 3 $1,440,000
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
FEE SCHEDULE - Y19-1018-MV - SANIGLAZE. March 8th, 2022 - March 7th, 2023
Item t!
Description
Unit Price
per Sq Ft
Notes
1
EnduraGLAZE Process (as Specified)
$ 8.58
2
EnduraGLAZE Plus Process (as Specified)
$ 9.75
3
GroutGLAZE Process (as Specified)
$ 5.72
4
jSurfaceGLAZE Pocess (as Specified)
$ 5.20
5
SUrfaceGLAZE Plus Process (as Specified)
$ 6.10
6
ChromaGLAZE Process (as Specified)
$ 5.72
7
ChromaGLAZE Plus Process (as
Specified)
$ 7.28
8
VariGLAZE Process (as Specified)
$ 8.84
9
VariGLAZE Plus Process (as Specified)
$ 10.40
10
XceIKLEEN Process (as Specified)
$ 3.12
11
EverGLAZE Maintenance Program (as
Specified)
$ 1.56
12
Site Prep Minor
$ 0.26
13
Site Prep Moderate
$ 1.04
14
Site Prep Extensive
$ 1.82
Date: February 1st, 2022
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A6DC9
UnIGLAZE
TILE & BARD SURFACE RESTORATION
SanlGLAZE International, LLC
SanIGLAZE process Descriptions
Revised August 2021
Restoration
Service
Description
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
EnduraGiAZE
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs solid opaque, polymer overcoat
Process
on top of existing grout lines; and installs a durable, chemical and urine resistant, clear polymer coating over the entire
tile and grout surface.
A mull! -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
EnduraGLAZE+
soils from ceramic the and grout surfaces, as well as other hard surfaces, and installs solid opaque, polymer overcoat
Process
on top of existing grout lines; and installs a durable, chemical and urine resistant, clear Xolile-based coating over file
entire tile and grout surface.
.ChromaGLAZE
A multi -stop process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic the and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
resistant, opaque tinted Xolite-based coating over the entire tile and grout surface.
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
ChromaGLAZE+
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
Process
resistant, opaque tinted Xolite-based coaling over the entire file and grout surface. A final coat of chemical and wine
resistant, clear Xolite-based coating is applied over the entire file and grout surface.
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
soils from ceramic the and grout surfaces, as well as other hard surfaces and Installs a durable, chemical and urine
VarIGLAZE Process
resistant, opaque tinted Xolite-based coating over the entire surface with the addition of color chips to enhance the
appearance. A final coal of chemical and urine resistant, clear Xolile-based coating is applied over the entire tile and
grout surface.
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and Installs a durable, chemical and urine
VafiGLAZE+
resistant, opaque tinted Xallte-based coating over the entire file and grout surface. Next synthetic chips are spread
Process
evenly over the surface while the coating Is uncured. After the coating has cured the loose chips are removed and a
second coat of chemical and urine resistant, clear Xolite-based coating is applied over the entire tile and grout surface
to encapsulate the chips and provide and additional layer of protection. Next a final application of a high-performance
urethane -based coating is applied over the entire surface.
GroutGLAZE
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs solid opaque, polymer overcoat
on top of existing grout lines.
SurfacoGLAZE
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
resistant, clear polymer coating over the entire the and grout surface.
SurfaceGLAZE+
A mull€ -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
resistant, clear Xolite-based coating over The entire the and grout surface.
XcelKLEEN
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic the and grout surfaces, as well as other hard surfaces.
EverGLAZE
A set of procedures utilizing specialized equipment and chemicals to maintain the and grout floor surfaces, as well as
Extended Protection
other hard surfaces, on a periodic basis that have been restored by one of the SaniGLAZE system's restoration
Plan
processes.
Site Preparation
Pre -restoration process work necessary before commencement of restoration process steps. Examples include removal
Minor
of floor coatings/caulking/polyurethane, removal and replacement of partitions or work area Impediments, and grout
sawing in cases where grout depth is insufficient to achieve permanent bonding of glazing compound.
Site Preparation
pre -restoration process work necessary before commencement of restoration process steps. Examples Include rernoval
Moderate
of floor coat! ngslcaulkinglpolyurot hane, removal and replacement of partitions or work area Impediments, and grout
sawing in cases where grout depth is Insufficient to achieve permanent bonding of glazing compound,
Pre -restoration process work necessary before commencement of restoration process steps. Examples include removal
Site Preparation
of floor coati ngsteaulkinglpolyurethane including S€ITanium, Adsll, MlcroGuard, PermaTect or other coatings, removal
Extensive
and replacement of partitions or work area impediments, and grout sawing in cases where grout depth is insufficient to
achieve permanent bonding of glazing compound.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A6DC9
•
. CU 1X1_
SUSTAINABLE FLOORING RESOURCE
KEITH TVH S'ON
6450 Kingspointe Pkwy, Suite 10
Orlando, FL. 32819
Phone: 407-902-6501
Fax: 407-373-7412
Email: keith@cubix-inc.com
New Tile & Grout Without Replacement
SERVICE PROPOSAL
Net 30
DATE
December 15, 2022
COMPANY
City of Clermont
COMPANY
City of Clermont
CONTACT
Todd Lewis
CONTACT
Todd Lewis
ADDRESS
400 12th Street
ADDRESS
400 12th Street
Clermont , Florida 34711
Clermont , Florida 34711
PHONE
352-394-7177
PHONE
352-394-7177
FAX
FAX
EMAIL
tlewis(cilclermontfl.org
SERVICE
SaniGLAZE
Item
AREA DESCRIPTION
COLOR
Quantity
PRICE
City of Clermont
West Park, Hiawatha Park Restrooms
1
West Park Men's & Women's Restrooms
VariGLAZE
TBD
1
$2,705.04
306 SF $ 8.84 SF.
Process
2
West Park Men's & Women's Restrooms
XceIKLEEN
N/A
1
$954.72
306 SF. $ 3.12 SF.
3
West Park Men's & Women's Restrooms
Site Prep
N/A
1
$ 556.92
306 SF. $ 1.82 SF.
Extensive
4
Hiawatha Park 2 Men's & 2 Women's Restrooms
VariGLAZE
TBD
1
$ 6,223.36
704 SF. $ 8.84 SF.
Process
5
Hiawatha Park 2 Men's & 2 Women's Restrooms
XceIKLEEN
N/A
1
$ 2,196.48
704 SF. $ 3.12 SF.
6
Hiawatha Park 2 Men's & 2 Women's Restrooms
Site Prep
N/A
1
$ 1,281.28
704 SF. $ 1.82 SF.
Extensive
Sub Total
$13,917.80
Sales Tax
TOTAL
1 $ 13,917.80
P.O. #
Signature:
Date:
SANIGLAZE SERVICES BENEFITS:
Like NewAppearance
Permanently Removes Embedded Contaminants
Creates a Cleaner Appearance
Ensures a more Sanitary Environment
Eliminates Odors
Easy to Clean
One Year Warranty against Product/Workmanship failure
No Construction Headaches
Janitorial Training Provided
Provides a Moisture Proof Protective Shield
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
CONTRACT APPROVAL FORM
TO: BRIAN BULTHUIS, CITY MANAGER LF�
THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR
FROM: RAMSEY JIMENEZ, SENIOR PROCUREMENT AGENT
SUBJECT: SANIGLAZE
DATE: JANUARY 24, 2023
THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE
FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and CUBIX, INC., to provide
SaniGlaze for the Public services Department. The agreement shall take effect on the
date of execution by both parties and shall remain in effect for one (1) year, unless
renewed or terminated as provided by the Orange County contractual agreement. Upon
mutual agreement, the agreement may be renewed for one (1) additional one (1) year
term.
2. Why this action is necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the
Procurement Services Department sought a contract with Orange County for SaniGlaze
flooring, contract number Y19-1018-MV. The estimated annual expenditures is less than
$40,000 and it is included in the Public Services Department budget. The Orange County
contract was fully competed, advertised, and complies with the City of Clermont
Purchasing Policy.
4. FISCAL IMPACT: The fiscal impact of $40,000 is included in the current year approved
budget.
APPROVAL AUTHORITY
Approved Elk Disapproved ❑
Reason/Suggestion (If disapproved)
DocuSigned by:
City Manager 1/24/2023
Ignature Title Date
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AGREEMENT No. 2023-010
SANIGLAZE
THIS AGREEMENT, is made and entered into this 25th day of January 2023, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"),
and CUBIX, INC., whose address is: 6450 Kingspointe Pkwy, #10, Orlando, FL 32819,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, Orange County through the public procurement process awarded an Agreement for,
SaniGlaze Contract Number Y19-1018-MV;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the Orange County Contract Number Y19-1018-MV;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
SCOPE OF WORK
The CONTRACTOR shall furnish SaniGlaze as described in the Orange County Contract Number
Y19-1018-MV, which is attached hereto and incorporated herein as Exhibit "A" and shall perform
everything required by this Agreement and the other exhibits attached hereto. Provided, however,
that nothing herein shall require CITY to purchase or acquire any items or services from
CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict
between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Thursday, March 7, 2024 unless terminated or renewed by Orange County.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
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the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1)
additional one (1) year term.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Orange County Contract Number Y19-1018-
MV or in the specific purchase order or authorized order submitted by CITY. Nothing
herein shall obligate CITY to purchase any specific amount of product from
CONTRACTOR or create an exclusive purchase agreement between CITY and
CONTRACTOR. CITY shall not be obligated or required to pay for any items received
until such time as CITY has accepted the items in accordance with the order provided to
CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
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5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the
institution of legal or equitable proceedings by either party.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to
provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
A. CONTRACTOR:
Cubix, Inc.
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Piggyback Agreement
SaniGlaze
Attn: Travis Owens
6450 Kingspointe Pkwy, #10, Orlando, FL 32819
A. OWNER:
City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. Attorneys' Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys' fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by city of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement including the documents incorporated by reference contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
9.6. Assignment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party's assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
city.
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9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
Contractor expressly understands records associated with this project are public records and agrees
to comply with Florida's Public Records law, to include, to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
this Florida's Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. CONTRACTOR shall use reasonable efforts to
provide all records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR
SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY
CLERK'S OFFICE, (352) 241-7331.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
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C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the Orange County Contract Number Y19-1018-MV.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 25th day of
January 2023.
CITY OF CLERMONT
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DocuSigned by:
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Brian Bulthuis, City Manager
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Tracy Ackroyd Howe, City Clerk
11
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
CUBIX, INC.
By:
Print Name:
Title:
Date:
(Signature)
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
AMENDMENT NO. 1
CONTRACT NO. Y19-1018-MV, SANIGLAZE
EFFECTIVE DATE: March 8, 2022
By mutual agreement, the subject contract is changed as follows:
1. The contract is hereby renewed for the period of March 8, 2022 through March 7, 2023. In
accordance with changes in the Consumer Price Index all unit prices are increased by 4%. Line
item increases are as follow:
Line
Description
Current Unit
Increase
No.
Price Per
Effective
Square Ft.
Rate
1.
EnduraGLAZE Process (as
specified)
$8.25
$8.58
2.
GroutGLAZE Process (as
specified)
$5.50
$5.72
3.
SurfaceGLAZE Process (as
specified)
$5.00
$5.20
4.
ChromaGlaze Process
as s ecifed
$5.50
$5.72
5.
ChromaGLAZE+ Process (as
specified)
$7.00
$7.28
6.
XceIKLEEN Process (as
specified)
$3.00
$3.12
7.
EverGLAZE
Maintenance Program (as
s ecified
$1.50
$1.56
8.
VariGLAZE Process
ass ecified)
$8.50
$8.84
9.
Site Preparation
Services, Minor asspecified)
$0.25
$0.26
10.
Site Preparation
Services, Moderate asspecified)
$1.00
$1.04
11.
Site Preparation
Services, Extensive asspecified)
$1.75
$1.82
2. ADDITIONS
a. Line No. 12, EnduraGLAZE + Process, is hereby added to the contract at a unit price of
$9.75 per square foot, in the estimated quantity of 1,500 square feet, an increase of
$14,625.
b. Line No. 13, VariGLAZE Process +, is hereby added to the contract at a unit price of
$10.40 per square foot, in the estimated quantity of 1,500 square feet an increase of
$15,600.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
c. Line No. 14, SurfaceGLAZE + Process, is hereby added to the contract at a unit price of
$6.10 per square foot, in the estimated quantity of 1,000 square feet, an increase of
$6,100.
3. Descriptions of Processes are added as Attachment 1 in this Amendment 1.
The total amount of the contract has changed from $480,000 to $516,325, an increase of $36,325, all
other terms, conditions and prices remain unchanged.
IN WITNESS WHEREOF, the parties have executed this amendment on the dates below:
CUBIX, INC.
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
By. y
Carrie Mathes, Procurement Manager
Print Name: Zulay Millan, Assistant Manager I
Title:
Procurement Division
Date: 12/21 /2021
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
CONTRACT # Y1.9-1018-W
This Contract is made as of the 4"' day of February, 2019 by and between Orange County, a
Political Subdivision of the State of Florida, by and through its Board of County Commissioners,
hereinafter referred to as the COUNTY, and Cubix, Inc., a corporation authorized to do business
in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. number
is 59-3069016.
In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR
agree as follows;
ARTICLE 1 SERVICES
The CONTRACTOR'S responsibility under this Contract is to provide professional services
providing restorative bonding services through SaniGlaze process, as more specifically set forth
in the Scope of Services detailed in Exhibit "A".
The COUNTY'S representative/liaison during the performance of this Contract shall be Taneya
Simpson, telephone no. (407) 836-7482 or by e-mail at Taneya.Simpson@ocfl.net.
ARTICLE 2 SCHEDULE
The CONTRACTOR shall commence services on March 8, 2019 and complete all services by
March 7, 2022.
Reports and other items shall be delivered or completed in accordance with the detailed schedule
set forth in Exhibit "A".
This contract may be renewed, for two ( 2 ) additionaI one ( 1 ) year periods upon mutual
written agreement of the parties at the same prices, terms and conditions. Any change in
price, terms or conditions shall be accomplished by written amendment to this contract.
Any order issued during the effective date of this contract, but not completed within that period,
shall be completed by the CONTRACTOR within the time specified in the order. The contract
shall govern the CONTRACTOR and the COUNTY'S rights and obligations with respect to the
extent as if the order were completed during the contract's performance period.
ARTICLE 3 PAYMENTS TO CONTRACTOR
A. The total amount to be paid by the COUNTY under this Contract for the base period, shall not
exceed One Million, Four Hundred -Forty Thousand Dollars ($1,440,000). The
CONTRACTOR will notify the COUNTY, in writing, when 90% of the estimated contract
amount has been reached. The CONTRACTOR will bill the COUNTY on a monthly basis, or
as otherwise provided, at the amounts set forth in Exhibit `B" for services rendered toward the
completion of the Scope of Services, Where incremental billing for partially completed items
is permitted, the total incremental billings shall not exceed the percentage of estimated
completion as of the billing date.
B. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and
approved by the initiating County Department, indicating that services have been rendered in
conformity with the Contract and then will be sent to the Finance Department for payment.
Invoices will be paid in accordance with the State of Florida Local Government Prompt
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
Payment Act.
Orange County Administrative Services
Fiscal and Operational Support
IOC2 — 400 E. South Str. 5th fl
Orlando, FL 32801
Phone (407) 836-0052
or
In the event additional County Departments/Divisions or other public entities utilize this
contract, invoices are to be sent directly to the Department or entity placing the order.
All invoices along with all necessary documents for payment shall be mailed or delivered
to the appropriate location above. Unless authorized by the County Department in
writing, no invoices shall be sent via e-mail. Invoices sent via e-mail without the
expressed authorization of the County Department shall be discarded.
Detailed invoice and statement requirements are further outlined in the Scope of Services.
A valid invoice shall include the following:
1. Reference to the Delivery Order/ Purchase Order Number
2. Delivery Dates/ Service Dates
3. Itemization of Goods Delivered/ Services Rendered
4. Unit Prices in accordance with the Exhibit "B"
C. Final Invoice: In order for both parties herein to close their books and records, the
CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S Final/last billing
to the COUNTY. This certifies that all services have been properly performed and all charges
and costs have been invoiced to Orange County. Since this account will thereupon be closed,
any and other further charges if not properly included on this final invoice are waived by the
CONTRACTOR.
ARTICLE 4 REt )UIREMENTS CONTRACT
This is a Requirements Contract and the COUNTY shall order from the CONTRACTOR all of the
supplies and/or services specified in the contract's price schedule that are required to be purchased
by the COUNTY. If the COUNTY urgently requires delivery of goods or services before the
earliest date that delivery may be required under this contract, and if the CONTRACTOR will not
accept an order providing for accelerated delivery, the COUNTY may acquire the goods or
services from another source.
Except as this contract may otherwise provide, if the COUNTY'S requirements do not result in
orders in the quantities described as "estimated" in the contract's price schedule, that fact shall not
constitute the basis for an equitable adjustment.
ARTICLE 5 INSURANCE REQUIREMENTS
Vendor/Contractor agrees to maintain on a primary basis and at its sole expense, at all
times throughout the duration of this contract the following types of insurance coverage
with limits and on forms (including endorsements) as described herein. These
requirements, as well as the County's review or acceptance of insurance maintained by
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
Vendor/Contractor is not intended to and shall not in any manner limit or qualify the
liabilities assumed by Vendor/Contractor under this contract. Vendor/Contractor is.
required to maintain any coverage required by federal and state workers' compensation or
financial responsibility laws including but not limited to Chapter 324 and 440, Florida
Statutes, as may be amended from time to time,
The Vendor/Contractor shall require and -ensure that each of its sub-Vendors/sub-Contractors
providing services hereunder (if any) procures and maintains until the completion of their
respective services, insurance of the types and to the limits specified herein.
Insurance carriers providing coverage required herein must be licensed to conduct business in.
the State ofFlorida and must possess a current A.M. Best's Financial Strength Rating of A- Class
VIII or better.
(Note: State licenses can be checked vice 1vmv. floir-.coni/conl an search/ and A. M. Best Ratings
are available at nit,w.canbest,conr
Required. Coverage.:
Commercial General Liability - The Vendor/Contractor shall maintain coverage
issued on the most recent version of the ISO form as filed for use in Florida or its
equivalent, with a limit of liability of not less than $1,00.0,000 per occurrence.
Vendor/Contractor fiuther agrees coverage shall not contain any exrdorsement(s)
excluding or limiting Product/Completed Operations, Contractual Liability, or
Separation of Insureds. The General Aggregate limit shall either apply separately to
this contract or shall be at least twice the required occurrence limit.
Required Endorsements:
Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents.
Note: CG 20 10 must be accompanied by CO 20 37 to include
products/completed operations
Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent.
Note: If bl:aillcet endorsements are being submitted please include the entire
endorsement and the applicable policy number.
Z Business Automobile Liability The Vendor/Contractor shall maintain
coverage for all owned; non -owned and hired vehicles issued on the most recent
version of the ISO form as filed for use in Florida or its equivalent, with limits of not
less than $1,000,00.0 (one million dollars) per accident. In the event the
Vendor/Contractor does not own automobiles the Vendor/Contractor shall maintain
coverage for hired and non -owned auto liability, which :may be satisfied by way of
endorsement to the Commercial General Liability policy or separate Business Auto
Liability policy.
® Workers' Compensation. - The Vendor/Contractor shall maintain coverage
for its employees with statutory workers' compensation limits, and no less than
$100,000 each incident of bodily injury or disease for Employers' Liability. Elective
exemptions as defined tin Florida Statute 440 will be considered on a case -by -ease
basis: Any Vendor/Contractor using an employee leasing company shall complete
the Leased Employee Affidavit.
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Required Endorsements:
171 Waiver of Subrogation- WC 00 03 13 or its equivalent
® Pollution Liability- with a limit of not less than $1,000,000 per
occurrence/claim
When a self -insured retention or deductible exceeds $100,000 the COUNTY reserves the
right to request a copy of Vendor/Contractor most recent annual report or audited financial
statement. For policies written on a "Claims -Made" basis the Vendor/Contractor agrees to
maintain a retroactive date prior to or equal to the effective date of this contract. In the
event the policy is canceled, non -renewed, switched to occurrence form, or any other event
which triggers the right to purchase a Supplemental Extended Reporting Period (SERP)
during the life of this contract the Vendor/Contractor agrees to purchase the SERP with a
minimum reporting period of not less than two years. Purchase of the SERP shall not
relieve the Vendor/Contractor of the obligation to provide replacement coverage.
By entering into this contract Vendor/Contractor agrees to provide a waiver of
subrogation or a waiver of transfer of rights of recovery, in favor of the County for
the workers' compensation and general liability policies as required herein. When
required by the insurer or should a policy condition not permit the
Vendor/Contractor to enter into a pre -loss agreement to waive subrogation without
an endorsement, then Vendor/Contractor agrees to notify the insurer and request
the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of
Rights of Recovery Against Others endorsement.
Prior to execution and commencement of any operations/services provided under this
contract the Vendor/Contractor shall provide the COUNTY with current certificates of
insurance evidencing all required coverage. In addition to the certificate(s) of insurance
the Vendor/Contractor shall also provide endorsements for each policy as specified
above. All specific policy endorsements shall be in the name of the Orange County
Board of County Commissioners.
For continuing service contracts renewal certificates shall be submitted immediately upon
request by either the COUNTY or the COUNTY's contracted certificate compliance
management firm. The certificates shall clearly indicate that the Vendor/Contractor has
obtained insurance of the type, amount and classification as required for strict compliance
with this insurance section. Vendor/Contractor shall notify the COUNTY not less than
thirty (30) business days (ten business days for non-payment of premium) of any material
change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor
shall provide evidence of replacement coverage to maintain compliance with the
aforementioned insurance requirements to the COUNTY or its certificate management
representative five (5) business days prior to the effective date of the replacement policy
(ies).
The certificate holder shall read:
Orange County Board of County Commissioners
c/o Procurement Division
400 E. South Street, 2nd Floor
Orlando, Florida 32801
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
ARTICLE G INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall defend, indemnify, and hold
harmless the COUNTY, its officials, agents, and employees from and against any and all claims,
suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of
any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by
any act or omission of the CONTRACTOR or its subcontractors (if any), anyone directly or
indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those
acts or omissions arising out of the sole negligence of the COUNTY.
ARTICLE 7 FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will
sign an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not
be exempted from paying sales tax to its suppliers for materials used to fulfill contractual
obligations with the COUNTY, nor is the CONTRACTOR authorized to use the COUNTY' S Tax
Exemption Number in securing such materials.
The CONTRACTOR shall be responsible for payment of its own and its share of its employee
FICA and Social Security benefits with respect to this Contract.
ARTICLE 8 AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this Contract is contingent upon an
annual appropriation for its purpose by the Board of County Commissioners, or other specified
funding source for this procurement.
ARTICLE 9 CONFLICT OF INTEREST
The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided for in Florida Statutes 112.311. The CONTRACTOR further represents
that no person having any interest shall be employed for said performance.
The CONTRACTOR shall promptly notify the COUNTY in writing by certified mail of all
potential conflicts of interest for any prospective business association, interest or other
circumstance which may influence or appear to influence the CONTRACTOR'S judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
CONTRACTOR may undertake and request an opinion of the COUNTY as to whether the
association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict
of interest if entered into by the CONTRACTOR. The COUNTY agrees to notify the
CONTRACTOR of its opinion by certified mail within thirty (30) days of receipt of the notification
by the CONTRACTOR. If, in the opinion of the COUNTY, the prospective business association,
interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the
COUNTY shall so state in the notification and the CONTRACTOR shall, at its option, enter into
said association, interest or circumstance and it shall be deemed not in conflict of interest with
respect to services provided to the COUNTY by the CONTRACTOR under the terms of this
Contract.
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ARTICLE 10 TERMINATION
A. Termination for Default:
The COUNTY may, by written notice to the CONTRACTOR, terminate this contract for
default in whole or in part (delivery orders, if applicable) if the CONTRACTOR fails to:
Provide products or services that comply with the specifications herein or fails to meet
the COUNTY'S performance standards
2. Deliver the supplies or to perform the services within the time specified in this contract
or any extension.
3. Make progress so as to endanger performance of this contract
4. Perform any of the other provisions of this contract.
Prior to termination for default, the COUNTY will provide adequate written notice to the
CONTRACTOR through the Manager, Procurement, affording them the opportunity to cure
the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or
the period specified in the notice) after receipt of the notice. Failure to adequately cure the
deficiency shall result in termination action. Such termination may also result in suspension
or debarment of the CONTRACTOR in accordance with the County's Procurement Ordinance.
The CONTRACTOR and its sureties (if any) shall be liable for any damage to the COUNTY
resulting from the CONTRACTOR's default of the contract. This liability includes any
increased costs incurred by the COUNTY in completing contract performance.
In the event of termination by the COUNTY for any cause, the CONTRACTOR will have, in
no event, any claim against the COUNTY for lost profits or compensation for lost
opportunities. After a receipt of a Termination Notice and except as otherwise directed by the
COUNTY the CONTRACTOR shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
3. Transfer all work in process, completed work, and other materials related to the
terminated work as directed by the COUNTY.
4. Continue and complete all parts of that work that have not been terminated.
Neither CONTRACTOR nor COUNTY shall be liable, nor may cancel this contract for default,
when delays arise out of causes beyond the control of CONTRACTOR or COUNTY. Such causes
may include but are not restricted to acts of God, acts of COUNTY in sovereign capacity, fires,
floods, lightning strikes, epidemics, quarantine restrictions, strikes, freight embargoes, wars, civil
disturbances, work stoppage, power failures, laws, regulations, ordinances, acts or orders of any
governmental agency or official thereof, and unusually severe weather. In every case, the delay
must be beyond the control of the claiming party. If CONTRACTOR is delayed in its performance
as a result of the above causes, COUNTY, shall upon written request of CONTRACTOR, agree
to equitably adjust the provisions of this contract, including price and delivery, as may be affected
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by such delay. However, this provision shall not be interpreted to limit COUNTY'S right to
terminate for convenience.
B. Termination for Convenience
The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is
in the County's interest. If this contract is terminated, the COUNTY shall be liable only for
goods or services delivered and accepted. The COUNTY Notice of Termination shall provide
the CONTRACTOR thirty (30) days prior notice before it becomes effective. A termination
for convenience may apply to individual delivery orders, purchase orders or to the
contract in its entirety
ARTICLE 11 FORCE MAJEURE
The Contractor shall not be held responsible for any delay and/or failure in performance of any
part of this contract to the extent such delay or failure is caused by explosion, war, embargo,
government requirement, civil or military authority, act of God, or other similar causes beyond
the Contractor's control so long as the Contractor's delay is not caused by the Contractor's
own fault or negligence. That notwithstanding, the Contractor shall notify the County in
writing within forty-eight (48) hours after the beginning of any such cause that would affect
its performance hereunder and the County reserves the right the request additional information
that supports the validity of the Contractor's Force Majeure claim. Failure to notify the County
in a timely manner of any claim of Force Majeure made pursuant to this section is cause for
termination of this contract.
2. If the Contractor's performance is delayed pursuant to this section for a period exceeding ten
(10) calendar days from the date the County receives the required Force Majeure notice, the
County shall have the right to terminate this contract thereafter and shall only be liable to the
Contractor for any work performed and validated (if required for payment hereunder) prior to
the date of the County's contract termination.
3. If the Contractor's performance is delayed pursuant to this section, the County may, upon
written request of the Contractor, agree to equitably adjust the provisions of this contract,
including price, performance, and delivery, as may be affected by such delay. However, this
provision shall not be interpreted to limit the County's right to terminate for convenience.
ARTICLE 12 PERFORMANCE
Timely performance is of the essence in the award of this Invitation for Bids. Performance
shall be no later than ten (10) calendar days from receipt of delivery order. Bids which fail to meet
this requirement shall be rejected.
It is hereby understood and mutually agreed to by and between parties hereto that the time of
performance is an essential condition of this contract.
Should the Contractor neglect, fail or refuse to provide the services within the time herein
specified, then said Contractor does hereby agree as part of the consideration for the awarding of
this contract, to pay Orange County the sum extended by the County to contract for like services
approved by the Procurement Division for the period from the required scheduled commencement
date until performance of services covered in the Invitation for Bids is completed.
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The Contractor shall, within forty-eight (48) hours from the beginning of such delay, notify the
Manager, Procurement Division in writing of the cause(s) of the
delay.
ARTICLE 13 PERSONNEL
The CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereafter shall be performed by the CONTRACTOR or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the CONTRACTOR'S key personnel, as may be listed in Exhibit
"A", must be made known to the COUNTY'S representative and written approval must be granted
by the COUNTY before said change or substitution can become effective.
The CONTRACTOR warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field. The COUNTY may require, in writing,
that the CONTRACTOR remove from this contract any employee the COUNTY deems
incompetent, careless, or otherwise objectionable.
ARTICLE 14 TRUTH IN NEGOTIATION CERTIFICATE
Signature of this Contract by the CONTRACTOR shall act as the execution of the truth -in -
negotiation certificate certifying that the wage rates and costs used to determine the compensation
provided for in this Contract are accurate, complete and current as of the date of the Contract and
no higher than those charged the CONTRACTOR'S most favored customer for the same or
substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY
determine that the rates and costs were increased due to inaccurate, incomplete or non -current
wage rates or due to inaccurate representations of fees paid to outside Contractors. The COUNTY
shall exercise its right under this "Certificate" within one (1) year following final payment.
ARTICLE 15 ARREARS
The CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment
or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Contract.
ARTICLE lb DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONTRACTOR shall deliver to the COUNTY for approval and acceptance, and before being
eligible for final payment or any amounts due, all documents and materials prepared by and for
the COUNTY under this Contract.
All oral and written information not in the public domain or not previously known, and all
information and data obtained, developed or supplied by the COUNTY, or at its expense, will be
kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or
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indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed, or purchased,
under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property
and may be reproduced at the discretion of the COUNTY.
The COUNTY and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise made in
writing by any party pursuant hereto, including but not limited to any representations made herein
relating to disclosure or ownership of documents, shall survive the execution and delivery of this
Contract and the consummation of the transactions contemplated hereby.
ARTICLE 17 INDEPENDENT CONTRACTOR RELATIONSHIP
The CONTRACTOR is, and shall be, in the performance of all work services and activities under
this Contract, an Independent Contractor, and not an employee, agent or servant of the COUNTY.
All persons engaged in any of the work or services performed pursuant to this Contract shall at all
times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and
control. The CONTRACTOR shall exercise control over the means and manner in which it and
its employees perform the work, and in all respects the CONTRACTOR'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not
as employees or agents of the COUNTY.
The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise,
agreement or representation other than as specifically provided for in this Agreement.
ARTICLE 18 CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retrained any company or person, other
than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the CONTRACTOR, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Contract.
ARTICLE 19 ACCESS AND AUDITS
The CONTRACTOR shall establish and maintain a reasonable accounting system, which enables
ready identification of CONTRACTOR'S cost of goods and use of funds. Such accounting system
shall also include adequate records and documents to justify all prices for all items invoiced as
well as all charges, expenses and costs incurred in providing the goods for at least five (5) years
after completion of this contract. The COUNTY or its designee shall have access to such books,
records, subcontract(s), financial operations, and documents of the CONTRACTOR or its sub -
Contractors as required to comply with this section for the purpose of inspection or audit anytime
during norrnal business hours at the CONTRACTOR'S place of business. This right to audit shall
include the CONTRACTOR'S sub -Contractors used to procure goods or services under the
contract with the COUNTY. CONTRACTOR shall ensure the COUNTY has these same rights
with sub -Contractors) and suppliers.
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ARTICLE 20 EOUAL OPPORTUNITY
It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy
intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual
orientation and gender expression/identity, color, age, disability or national origin, in securing or
holding employment in a field of work or labor for which the person is qualified, as provided by
Section 17-314 of the Orange County Code and the County Administrative Regulations.
Further, the CONTRACTOR shall abide by the following provisions:
A. The CONTRACTOR shall represent that the CONTRACTOR has adopted and maintains
a policy of nondiscrimination as defined by applicable County ordinance throughout the
term of this contract.
B. The CONTRACTOR shall allow reasonable access to all business and employment records
for the purpose of ascertaining compliance with the non-discrimination provision of the
contract.
C. The provisions of the prime contract shall be incorporate by the CONTRACTOR into the
contracts of any applicable subcontractors.
ARTICLE 21 DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION.
By executing this contract the firm affirms that it is in compliance with the requirements of 2 C.F.R. Part
180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
ARTICLE 22 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY
COMPLAINTS.
By executing this contract the film affirms that it is not currently listed in the Florida Department of
Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.
ARTICLE 23 SCRUTINIZED COMPANIES
A. By executing this Agreement, the Contractor certifies that it is eligible to bid on, submit a
proposal for, or enter into or renew a contract with the County for goods or services pursuant
to Section 287.135, Florida Statutes.
B. Specifically, by executing this Agreement, the Contractor certifies that it is not on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida
Statutes, or is engaged in a boycott of Israel.
C. Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or more,
by executing this Agreement, the Contractor certifies that it is not:
1. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List," created
pursuant to Section 215.473, Florida Statutes; and/or
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2. Engaged in business operations in Cuba or Syria.
D. The County reserves the right to terminate this Agreement immediately should the Contractor
be found to:
1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter
into or renew a contract with the County for goods or services pursuant to Section
287.135, Florida Statutes; and/or
2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a
contract with the County for goods or services pursuant to Section 287.135, Florida
Statute subsequent to entering into this Agreement with the County.
E. If this Agreement is terminated by the County as provided in subparagraph 4(a) above, the
County reserves the right to pursue any and all available legal remedies against the Contractor,
including but not limited to the remedies as described in Section 287.135, Florida Statutes.
F. If this Agreement is terminated by the County as provided in subparagraph 4(b) above, the
Contractor shall be paid only for the funding -applicable work completed as of the date of the
County's termination.
G. Unless explicitly stated in this Section, no other damages, fees, and/or costs may be assessed
against the County for its termination of the Agreement pursuant to this Section.
ARTICLE 24 MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in the work, including alterations, reductions
therein or additions thereto. Upon receipt by the CONTRACTOR of the COUNTY' S notification
of a contemplated change, the CONTRACTOR shall (1) if requested by COUNTY, provide an
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
COUNTY of any estimated change in the completion date, and (3) advise the COUNTY in writing
if the contemplated change shall affect the CONTRACTOR'S ability to meet the completion dates
or schedules of this Contract.
If the COUNTY so instructs in writing, the CONTRACTOR shall suspend work on that portion
of the work affected by a contemplated change, pending the COUNTY'S decision to proceed with
the change.
If the COUNTY elects to make the change, the COUNTY shall issue a Contract Amendment or
Change Order and the CONTRACTOR shall not commence work on any such change until such
written amendment or change order has been issued and signed by each of the parties,
ARTICLE 25 CONTRACT CLAIMS
"Claim" as used in this provision means a written demand or written assertion by one of the
contracting parties seeking as a matter of right, the payment of a certain sum of money, the
adjustment or interpretation of contract terms, or other relief arising under or relating to this
contract.
Claims made by a Contractor/Contractor against the County relating to a particular contract shall
be submitted to the Procurement Manager in writing clearly labeled "Contract Claim" requesting
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a final decision. The Contractor also shall provide with the claim a certification as follows: "I
certify that the claim is made in good faith;
that the supporting data are accurate and complete to the best of my knowledge and belief; that the
amount requested accurately reflects the contract adjustment for which the Contractor/Contractor
believes the County is liable; and that I am duly authorized to certify the claim on behalf of the
Contractor/Contractor."
Failure to document a claim in this manner shall render the claim null and void. Moreover,
no claim shall be accepted after final Payment of the contract.
The decision of the Procurement Manager shall be issued in writing and shall be furnished to the
Contractor/Contractor. The decision shall state the reasons for the decision reached. The
Procurement Manager shall render the final decision within sixty (60) days after receipt of
Contractor's/Contractor's written request for a final decision. The Procurement Manager's
decision shall be final and conclusive.
The Contractor/Contractor shall proceed diligently with performance of this contract
pending final resolution of any request for relief, claim, appeal or action arising under the
contract and shall comply with any final decision rendered by the Manager of Procurement.
ARTICLE 26 TOBACCO FREE CAMPUS
All Orange County operations under the Board of County Commissioners shall be tobacco free.
This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to
contractors and their personnel during contract performance on county -owned property. Tobacco
is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes,
chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied
under Chapter 386, Florida Statutes and/or contract enforcement remedies.
ARTICLE 27 VERIFICATION OF EMPLOYMENT STATUS
Prior to the employment of any person under this contract, the contractor shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of (a)
all persons employed during the contract term by the contractor to perform employment duties
within Florida and (b) all persons, including subcontractors, assigned by the contractor to perform
work pursuant to the contract with Orange County. Please refer to USCIS.gov for more
information on this process.
Only those employees determined eligible to work within the United States shall be
employed under the contract.
Therefore, by submission of a bid or proposal in response to this solicitation, the contractor
confirms that all employees in the above categories will undergo e-verification before placement
on this contract. The contractor further confirms his commitment to comply with this requirement
by completing the E- Verification certification.
ARTICLE 28 LAWS AND REGULATIONS
All applicable Federal and State laws, municipal and County ordinances shall apply to the
solicitation and Contract.
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ARTICLE 29 PRICE ESCALATION/DE-ESCALATION (CPJI
The County may allow a price escalation provision within this award. The original contract prices
.shall be firm for the entirety of the initial (three year) contract period. A price escalation/de-
escalation will be considered at the time of contract renewal and at renewal intervals thereafter,
provided the Contractor notifies the County,, in writing, of the pending price escalation/de-
escalation a minimum of sixty (60) days prior to the contract renewal date. Price adjustments shall
be based on the latest version of the Consumers Price Index (CPI-U).for All Urban Consumers,
All Items, U.S. City Average, non -seasonal, as published by the U.S. Department of Labor, Bureau
of Labor Statistics. This information is available at www.bis.gov.
Price adjustment shall be calculated by applying the simple percentage model to the CPI data, This
method is defined as subtracting the base period index value (at the time of initial award) from the
index value at time of calculation (latest version of the Cpl. published as of the date of request for
price adjustment), divided by the base period. index value to identify percentage of change, then
multiplying the percentage of change by 100 to identify the percentage change. Formula is as
follows:
Current Index — Base Index / Base index = % of Change
% of Change x 100 = Percentage Change
CPI-U Calculation Example:
CPI for current period
232.945
Less CPI for base period
229.815
Equals index point change
3,130
Divided by base period CPI
229.815
Equals
0.0136
Result multiplied by 100
0.0136 x 100
I Equals percent change
1 .4%
A price increase may be requested only at each time interval specified above, using the
methodology° outlined in this section. To request a price increase, Contractor shall. submit a letter
stating the percentage amount of the requested increase and adjusted price to the Orange County
Procurement Division. The letter shall include the complete calculation utilizing the formula
above, and a copy of the CPI-U index table used in the calculation. The maximum allowable
increase shall not exceed 46/o, unless authorized by the Manager, Procurement Division. If
approved, the price adjust —meat shall become effective on the contract renewal date. All. price
adjustments must be accepted by the Manager, Procurement Division and shall be: memorialized
by written amendment to this.contract, No retroactive contract price adjustments will be allowed,
Should the CPI-U for All Urban Consumers, All, Items, U.S City Average, as published by the
U.S. Department of Labor; Bureau of Labor Statistics decrease during the term of the contract, or
any renewals, the Contractor shall notify the Orange County Procurement Division of price
decreases in the method outlined above. If approved, the price adjustment shall become effective
on the contract renewal date. If the Contractor fails to pass the decrease on to the Countythe
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County reserves the right to place the Contractor in default, cancel the award, and remove the
Contractor fiom the County Vendor List for a period of time deemed suitable by the County. In
the event of this occurrence, the County further reserves the right to utilize any options as stated
herein.
ARTICLE 30 CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER -
TERM CONTRACTS
It is hereby made a part of this contract that before, during and after a public emergency, disaster,
hurricane, flood, or other acts of God that Orange County shall require a "first priority" basis for
goods and services. It is vital and imperative that the majority of citizens are protected from any
emergency situation which threatens public health and safety, as determined by the County.
Contractor agrees to rent/sell/lease all goods and services to the County or other governmental
entities as opposed to a private citizen, on a first priority basis. The County expects to pay
contractual prices for all goods or services required during an emergency situation. Contractor
shall furnish a twenty-four (24) hour phone number in the event of such an emergency.
ARTICLE 31 ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the Parties shall each bear their own costs, expert fees, attorneys' fees, and other
fees incurred in connection with this Agreement and any litigation that arises either directly, or
indirectly.
ARTICLE 32 JURY WAIVER
Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any
right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or
relating to this agreement.
ARTICLE 33 GOVERNING LAW AND VENUE
Any and all legal actions associated with this contract will be governed by the laws of the State of
Florida. Venue for any litigation involving this contract shall be in the Ninth Circuit Court in and
for Orange County, Florida. Should any federal claims arise for which the courts of the State of
Florida lack jurisdiction, venue for those actions will be in the Orlando Division of the U.S. Middle
District of Florida.
ARTICLE 34 NO REPRESENTATIONS
Each party represents that they have had the opportunity to consult with an attorney, and have
carefully read and understand the scope and effect of the provisions of this Agreement. Neither
party has relied upon any representations or statements made by the other party hereto which are
not specifically set forth in this Agreement.
ARTICLE 35 AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to, conduct its business, and that it will at all times conduct its
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business activities in a reputable manner. Proof of such licenses and approvals shall be submitted
to the COUNTY upon request.
ARTICLE 36 SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 37 SUCCESSORS AND ASSIGNS
The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the COUNTY nor the CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of the
COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the COUNTY and the CONTRACTOR.
ARTICLE 38 REMEDIES
This Contract shall be governed by the laws of the State of Florida. Venue for any litigation
involving this contract shall be the Circuit Court in and for Orange County, Florida. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
ARTICLE 39 ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or undei standings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, deleted,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 40 NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the COUNTY shall be mailed to:
ORANGE COUNTY PROCUREMENT DIVISION
400 E. SOUTH STREET
ORLANDO, FL 32801
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and if sent to the CONTRACTOR shall be mailed to:
CUBIX, INC.
6450 KINGSPOINTE PARKWAY
SUITE 10
ORLANDO, FL 32819
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IN WITNESS WHEREOF, the Board of County Commissioners of Orange County, Florida has
made and executed this Contract on behalf of the COUNTY and CONTRACTOR has hereunto set
its hand the day and year above written.
CONTRACTOR: ORANGE COUNTY, FLORIDA:
Cubix, Inc. ���
Company Name f Carrie Mathes, MPA, CFCM, CPPO, C.P.M.,
Procurement Division Manager
Signature Date
heather A. Corbitt _
Typed Name
_Accounting & H.R, Director
Title
March 7, 2019
Date
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EXHIBIT A
SCOPE OF SERVICES
1. GENERAL REQUIREMENTS
The Contractor shall provide SaniGlaze floor maintenance services for Orange County
facilities as specified herein.
Hours of Performance:
1) Standard Hours: Standard working hours are Monday through Friday, 6:00 AM to
6:00 PM, excluding Orange County holidays.
2) Non -Standard Hours: Non -Standard working hours are Monday through Friday,
6:01 PM to 5:59 AM, weekends, and Orange County holidays.
2. STAFFING REQUIREMENTS
A. The Contractor shall identify a lead person or supervisor with whom the County's
Representative may consult regarding contract performance throughout the duration of
the contract.
The Contractor shall immediately notify the Facilities Management Contract
Administrator at minimum seventy-two (72) hours prior to the replacement of a
supervisor or contact person. The name and telephone number of the replacement
supervisor or contact person shall be provided at that time. Any change to the
Contractor's point of contact shall be subject to the approval of the County. The
Contractor's Point of Contact shall have the capability to receive service requests and
complaints by landline telephone and cellular, text messages, and e-mail, to facilitate
timely service and corrective actions.
B. Effective communication with the County staff and building occupants is required to
perform this Scope of Services. Therefore, the Contractor shall ensure supervisors and
points of contact are able to read, write, and speak English fluently.
C. All personnel provided by the Contractor, whether employees of the Contractor or
subcontractor, shall be competent and skilled in the areas of their assigned
responsibilities.
D. The Contractor shall maintain sole responsibility for the actions of its employees and
subcontractors.
E. The Contractor shall ensure that all employees are properly dressed with a uniform shut
displaying the company name/logo and prominently wear a photo ID badge on the front
of their uniform at all times when on County property. The Contractor shall ensure that
all of its employees are clean, neat and appropriately attired during the performance of
the services. The Contractor shall be responsible for providing company photo ID
badges for all employees and subcontractors.
There shall be no smoking on County property at any time.
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F. Only Contractor employees shall be used to perform the required services of this
contract unless otherwise approved, in writing, by the County Representative. The
Contractor shall not use employees of any temporary employment agency to
supplement his work force in County buildings for any reason.
G. All Contractor personnel, including subcontractors, shall identify themselves at the
appropriate administrative office upon arrival and prior to beginning work and upon
completion of work and leaving site. Contractor personnel shall sign -in on arrival and
sign -out upon completion of all services.
H. It is the responsibility of the contractor to provide the proper training and supervision
of their employees. Training records for all employees including certifications and
recertification shall be provided to the County upon request.
3. PERFORMANCE REQUIREMENTS
A. The Contractor shall conform to all Federal, State, City, and Orange County standards
and regulations during the performance of the contract. Any fines levied due to
inadequacies or failure to comply with any and all requirements shall be the sole
responsibility of the Contractor.
Any person found not in compliance with any laws, statutes, rules or regulations will
not be allowed on the work site. Continued violations by a Contractor shall constitute
cause for immediate termination of the Contract.
B. All of the services required hereunder shall be performed by the Contractor or under
the Contractor's supervision. All personnel engaged in performing the services shall
be fully qualified, experienced, certified, licensed and/or permitted under state and
local law to perform such services.
C. The Contractor shall remove all contractor's personnel (including subcontractors)
from County property who are deemed careless, incompetent, insubordinate,
reasonably objectionable, or whose continued employment is deemed to be contrary
to the interest of the County as determined by the County, or if it is determined that
services are not being performed in accordance with the terms and conditions of this
contract.
The County's request to remove any employee from this contract shall, in no instance,
be considered a request for the contractor to terminate the designated individual from
contractor's employment. The sole intent is removal from this contract.
D. Work shall be scheduled to provide the least inconvenience to building occupants and
visitors.
E. The County may schedule meetings periodically to review contract terms, performance,
and other contractual related matters. The Contractor shall be required to attend all
meetings as requested by the Contract Administrator and County Representative at no
additional cost to the County.
F. Services not performed in accordance to the content of this contract shall be considered
unsatisfactory and unacceptable. In the event of non-performance or unsatisfactory
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performance by the Contractor, or employees of (including subcontractors), the
County's Representative shall have the right to exercise one of the following options:
1) Notify the Contractor of non-performance/unsatisfactory performance and
allow Contractor to correct such item of non-performance/unsatisfactory
performance within a twenty-four (24) hour timeframe. Although the
timeframe for malting corrections may occur outside of the Contractor's normal
working hours, the Contractor shall not receive any further compensation.
2) The Contract Administrator may request the Contractor remove any Supervisor
or employee if it is a personnel related issue.
3) The County reserves the right to correct any item of non-performance/
unsatisfactory performance by any means it deems necessary to ensure the
effective operation of the County's facilities. Costs incurred by the County for
the correction using County employees shall be deducted from payments made
to the Contractor. If another Contractor is used to correct the item, that cost
will be deducted at the rate charged by the requested Contractor.
G. The County's Representative shall notify the Procurement Division of the
unsatisfactory performance and or deficiencies in service that remain unresolved or
reoccurring. The Procurement Division, may after appropriate notice, talte necessary
actions to address unsatisfactory performance up to and including termination for
default.
4. SAFETY REQUIRE MENTS
A. The Contractor shall provide and ensure that all personnel providing services under this
contract are in compliance with applicable laws, standards, and health and safety
requirements of the industry to include by not limited to:
Occupational Safety and Health Act (OSHA)
■ National Institute for Occupational Safety & Health (NIOSH)
■ Orange County Safety & Health Manual.
The manual can be accessed online at:
http://www.oranaecogntyfl.netfVendorSeryices/Orange( ountySafetyandHealt
hManual.aspx
The Contractor shall 'immediately report to the County's Representative the issues
which may affect the safety of Orange County personnel or the public.
B. The Contractor shall prepare and maintain a Safety Plan to ensure that work performed
herein conforms to contract requirements. This plan shall be submitted to the County
upon request. Safety Plan shall conform to the standards and manuals outlined in the
section
C. Prior to performing service or maintenance on any equipment where the unexpected
energizing, startup, or release of stored energy could occur and cause injury, the
equipment shall be isolated and rendered inoperative through the use of a lockout
device whenever the equipment is capable of being locked -out.
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D. The Contractor shall provide and ensure the wearing of necessary protective clothing,
masks, eye protection, hearing protection, etc. as required by any applicable laws,
regulations, ordinances, and/or manufacturer's instruction.
E. All equipment used in the performance of these services shall be properly maintained
and shall be subject to inspection by the County upon demand. Any equipment deemed
faulty, inoperable, unsafe or improper for its intended purpose shall be promptly
removed from the County's premises.
F. The Contractor shall be responsible for all costs to repair any damage to County
facilities or property caused by Contractor's services being incorrectly performed or
omitted.
6. SECURITY CLEARANCE RE QUIREMENTS
A. Background checks for the Contractor's staff shall be approved by the County
prior to working in any County facility. All costs for background investigations
shall be Contractor's responsibility. The County reserves the right to conduct its own
investigation and request any additional investigative background information of
any personnel assigned to perform the services. The Contractor shall furnish, in
writing, such information to the extent allowed by law, prior to commencement of
services.
B. Contractor shall comply with the different security requirements for each County
facility, including but not limited to:
Orange County Courthouse (OCCH)
Orange County Correction Complex
Orange County Fire Rescue
C. It shall be the Contractor's responsibility to become familiar with access to each job
site and the required security clearance and check -in procedures.
D. Background checks and additional security requirements are addressed in detail in the
Scope of Service, Supplemental Information, attached herein. The Contractor is
responsible for reading, understanding, and application of all contract terms.
6. TRAVEL AND PARKING
A. The Contractor shall be responsible for all of its travel and per diem costs to and from
the various County facilities. Travel time shall not be compensated by the County
under any circumstances.
B. The County will identify locations where Contractor vehicle parking is available. If
there is a cost associated with parking, those costs shall be paid by the Contractor or
Contractor's employee. Orange County will not be responsible for any damage to
Contractor or Contractor's employees' vehicles while parked on Orange County
property. Vehicles towed from Orange County property will be at the expense of the
Contractor or Contractor's employee. Contractor and Contractor's employee vehicles
shall be properly identified.
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7. SPECIFICATIONS
A. EnduraGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs solid opaque, polymer overcoat on top of existing grout lines; and installs a
durable, chemical and urine resistant, clear polymer coating over the entire tile and
grout surface.
B. GroutGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs solid opaque, polymer overcoat on top of existing grout lines.
C. SurfaceGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs a durable, chemical and urine resistant, clear polymer coating over the entire
tile and grout surface.
D. ChromaGLAZE Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout sin -faces; and
installs a solid opaque, polymer overcoat on top of existing grout lines; and installs a
durable, chemical and urine resistant, clear polymer coating over the entire tile and
grout surface.
E. ChromaGLAZE+ Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic tile and grout surfaces; and
installs a solid clear coat of clear, polymer overcoat on top of existing grout lines; and
installs a durable, chemical and urine resistant, clear polymer coating over the entire
tile and grout surface.
F. Xce1KLEEN Process
A multi -step process utilizing proprietary chemicals and compounds that remove
embedded contaminants and surface soils from ceramic the and grout surfaces.
G. El verGLAZE Maintenance Program
A set of procedures utilizing specialized equipment and chemicals to maintain tile and
grout floor surfaces on a periodic basis that have been restored by the EndurGLAZE
Tile and Grout Restoration process.
H. VariGLAZE Process
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A restorative bonding process utilizing two very durable coatings plus decorative
accents chips to overlay the entire surface, The base is a pigmented coating available
in a variety of colors; the top coat is a clear coating. This process will change the color
of both the tile and grout to create a neat, unified look. A special compound of micro -
particles can be added to enhance appearance and improve the coefficient of friction.
VariGLAZE provides and exceptionally high level of appearance and the ultimate in
protection.
I. Site Preparation Services, Minor
Pre -restoration process work necessary before commencement of restoration process
steps. Examples include removal of floor coatings/caulking/polyurethane, removal and
replacement of partitions or work area impediments, and grout sawing in cases where
grout depth is insufficient to achieve permanent bonding of glazing compound. Work
effort involved estimated to be Minor.
.I. Site Preparation Services, Moderate
Pre -restoration process work necessary before commencement of restoration process
steps. Examples include removal of floor coatings/caulking/polyurethane, removal and
replacement of partitions or work area impediments, and grout sawing in cases where
grout depth is insufficient to achieve permanent bonding of glazing compound. Work
effort involved estimated to be Moderate.
K. Site Preparation Services, Extensive
Pre -restoration process work necessary before commencement of restoration process
steps. Examples include removal of floor coatings/caulking/polyurethane, removal and
replacement of partitions or work area impediments, and grout sawing in cases where
grout depth is insufficient to achieve permanent bonding of glazing compound. Work
effort involved estimated to be Extensive.
8. COORDINATION Or WORK
The Contractor shall coordinate with the County Representative to perform all services.
The Contractor shall plan and coordinate its efforts to not interfere with business operation
or other contractors at the locations where work is to be performed.
A. The Contractor shall meet with the County Representative as mutually agreed to
discuss the floor care maintenance services type, quantities, and schedule.
B. The Contractor shall prepare a quote per the price proposal form for services to be
provided. The quote shall be itemize per the line items on the price proposal form and
respective quantities. The quote shall also identify the time flame for service
completion from receipt of authorization to proceed.
C. Performance period in the number of calendar days shall be mutually agreed upon by
the County's Representative and the Contractor and shall be included as a part of the
quote. The Contractor shall provide a timeframe from date of authorization to proceed
for work completion. This information shall be included on the quote and delivery
order.
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D. The County reserves the right to enter into negotiations with the Contractor whenever
it deems that negotiations will be in the best interest of the County. These negotiations
may increase or decrease the original scope of work. Upon completion of negotiations,
a new estimate shall be prepared by the Contractor and submitted to the County
Representative for approval.
E. The County representative will provide the Contractor a minimum of seventy-two (72)
hours advance notice if rescheduling or cancellation becomes necessary. Notice time
frame does not include weekends and holidays.
F. No work shall be performed under the contract without an approved Delivery Order
issued by Orange County.
9. CHEMICALS
A. The Contractor shall develop and implement procedures to ensure its employees use
chemicals in accordance with the instructions of the chemical manufacturers.
B. All chemicals shall be purchased and brought on -site in ready to use containers with
the original manufacturer's label that includes the name, address, phone number,
instructions for use, warnings and safety instructions, and the Safety Data Sheet (SDS)
as required by federal statute, All chemical containers shall have the manufacturer's
quality control batch numbers included on cases or containers. Safety Data Sheet
(SDS) shall be provided upon request.
C. Materials that require precautionary warnings shall have affixed to all containers such
labels or markings as are prescribed by law, regulatory agencies or this contract.
Markings or labeling of materials containing hazardous or toxic substances or wastes
shall be in accordance with all federal, state, and local laws, ordinances, rules and
regulations.
D. All cleaning chemicals shall be disposed of per manufacturer's specifications and
applicable rules and regulations.
10. INVOICING REQUIREMENTS
A. Upon delivery and acceptance of service, associated cost shall be submitted by invoice
to the appropriate County department per the Special Terms and Conditions. The
Contractor shall reference the contract number and the appropriate purchase or delivery
order number on all invoices.
At minimum, an invoice shall contain the following information:
• Delivery order number;
• Date of order (if possible);
• Date of delivery;
• Itemized charges per the delivery order and price proposal form.
• Service location
B. The Contractor shall submit final invoice for service within thirty (30) calendar
days of completion.
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C. The County shall review invoices for required information. The County shall have
the authority to reject invoices based on improper invoice format and lack of
supporting documents.
D. Contractor shall not invoice the County for services not accepted by the County.
Should the County received such invoices, they shall be rejected.
E. The Contractor shall submit monthly statements of unpaid invoices to each
department ordering services under this contract.
At minimum, the statement shall contain the following information:
• Statement date
• Invoice numbers
• Invoice dates
• Invoice total or unpaid balance if different from invoice total
• Delivery order number corresponding to each invoice listed
• Balance carry forward
• Cumulative outstanding balance
Statements shall be sent to the corresponding ordering department, fiscal
department, and contract administrator by the 1 Sty` of each month for service
performed in the prior month and as requested by the County.
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SCOPE OF SERVICES
SUPPLEMENTAL INFORMATION
1. GENERAL SECURITY AND IDENTIFICATION RE QUIREMENTS
A. All costs for background investigations including state and national finger -printing -
based record checks shall be Contractor's responsibility. The County will have the
right to request any additional investigative background information including, but
not limited to, the employment record, Right -To -Know records, training records,
payroll records, position for which hired including site location of any personnel
assigned to perform the services. The Contractor shall furnish, in writing, such
information to the extent allowed by law, prior to commencement of services. The
County reserves the right to conduct its own investigation of any employee of the
Contractor.
B. The Contractor shall be responsible for security clearance compliance for all
employees and subcontractors. Background checks and security clearance
requirements shall be based on the security requirements for each facility. The
Contractor shall perform background checks at the Contractor's expense, including
any security clearance required by the Florida Department of Law Enforcement
(FDLE), Division of Criminal Justice Information Services (CJIS) and submit them
to County for determining whether the employee is allowed to work for in a
particular facility.
Background Checks for the Contractor's staff must be approved by the County prior
to working in any County facility. Contractors are responsible for obtaining the
necessary forms for background checks as follows:
1. For all Contractor's staff that will be working at the Courthouse Complex
or Courthouse related facilities, including the Juvenile Justice Center, -
request forms from the Facilities Management Downtown District via e-
mail from Kaela.Convers' i.'.:ocfl.net.
2. For all Contractor's staff that will be working at the Sheriffs Central
Complex or any other Sheriff related facility - request forms from the
Facilities Management Special Services District via e-mail from
Bruce.Heffelbower,�ia,ocfl.net
3. For all Contractor's staff that will be working at Corrections or a Correction
related facilities - request forms via e-mail from
MichaelJeffrey.Adkins cr, ocfl.net.
4. For all Contractor's staff that will be working at other Orange County
facilities — a Criminal History Check, conducted at the FDLE website
( www.fdle.state.fl.us/ -there is a cost to the contractor), is required. Contact
Biuce,Heffelbower!ir)ocil.net for specifics before completing the check.
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For security purposes and to maintain privacy when submitting FDLE Background
Checks via e-mail the subject line of the email must contain the following:
***EXEMPT***
Due to the time required to process background checks, the Contractor should allow
2-3 weeks turn -around time. Each County Representative will inform the
contractor of their Background Check results.
Upon Background Check approval, the Contractor's staff shall go to the Orange
County Human Resources office located at 450 E. South St., Orlando, FL 32801
with an Affidavit of Identity form (issued by Contractor, sample form in contract
documents) and a State of Florida I.D. or Driver's License to obtain their Orange
County photo I.D. badge.
C. Contractor's employees will not be allowed to work in Orange County facilities
without completed and approved background investigations.
D. Upon termination or transfer of any employee of the Contractor working under this
contract, the Contractor shall immediately notify the County's Representative, in
writing, of such termination or transfer and return said employee's Orange County
photo I.D. badge to the Facilities Management Division Contract Administrator.
E. The Contractor shall report the arrest of any employee working under the terms of
this contract to the County's Representative within twenty four (24) hours of the
arrest or knowledge of the arrest. It shall be subject to the approval of the County
whether the employee shall continue to work at County locations within this
contract.
F. The Contractor shall remove from County premises any of his employees who, in
the opinion of the County's Representative, is not performing the services in a
proper manner or does not comply with the rules and regulations of the County.
The Contractor shall in no way, interpret such removal to require dismissal or other
disciplinary action of the employee. The County's Representative will request that
anyone suspected of working under the influence of alcohol or controlled
substances be removed from the workplace. The Contractor shall establish,
implement and maintain procedures and controls to ensure that their employees
comply with all applicable provisions of the contract and all site rules and practices
of the County
G. The Contractor shall not use employees of any temporary employment agency to
supplement his work force in County buildings for any reason. Only Contractor
employees shall be used to perform the required services of this contract unless
otherwise approved, in writing, by the County's Representative.
H. The Contractor shall prevent its employees from tampering with any owned items
of County employees or County owned property or entering into any area unless
required in the performance of the services.
I. Contractor personnel are required to wear uniforms and employer identification
badges displaying their company name to adequately identify them as company
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staff. The contractor shall ensure that all of its employees are clean, neat and
appropriately attired during performance of the services.
J. The Contractor shall ensure all employees prominently wear the ID badge on the
front of his or her uniform at all times while on County premises.
K. Access to a site must be coordinated through the County's Representative.
L. Sixty (60) days prior to each Contract renewal or contract end, the Contractor's
Orange County photo ID badge will be inventoried by the Facilities Management
Division Contract Administrator. At that time, the Contractor will be advised of
any missing ID cards. If any ID Cards are missing, the Contractor will be charged
a $25.00 fee per each missing ID badge. However, the County may charge and
collect this fee at any time during the contract.
2. SPECIAL CONDITIONS FOR WORKING AT THE CORRECTIONS COMPLEX
The following are specific conditions and rules that must be followed while providing
services at the Corrections Complex.
A. All Contractor employees shall carry a valid ID at all times.
B. The Contractor shall provide a list of all employees that will be working inside any
jail. A full criminal history shall be run on each employee by the Corrections
Department. No Contractor employee will be allowed to work inside any jail if
they are on active probation, home confinement, parole or have been arrested within
the last five (5) years or have been arrested for any crime involving violence, drugs
or theft. The Contractor employee list shall include:
1. Employee's Full name
2. Employee's date of birth
3. Employee's Race/Sex
4. Employee's Social Security Number
5. Employee's Driver's License number
C. Only authorized employees of the Contractor shall be allowed to work at
Corrections. WORK RELEASE INMATES ARE NOT AUTHORIZED TO
WORK ON ANY JAIL PROJECT.
D. Contractor's employee shall wear their Contractor issued ID on the collar of their
shirt at all times while on the Corrections compound. This ID will be issued to each
Contractor employee at the North perimeter building and will only be given upon
surrendering of a valid personal ID.
E. If an ID is lost, the Contractor's employee shall report it immediately to their escort
officer.
F. In the event of an emergency, the Contractor's employee shall report it to the
nearest Corrections staff member. They will contact 911.
G. The Contractor's employees shall follow direction of the escort officer at all
times.
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fI. The Contractor's employees shall not bring tobacco or tobacco products inside any
jail or on top of any roof or within any jail fence line.
I. The Contractor's employees shall not bring or wear hats or sunglasses inside any
facility.
J. The Contractor's employees shall not bung any cell phones inside the facility
unless authorized by Corrections.
K. Contractor vehicles shall have the windows rolled up and be locked at all times and
parked in only pre -authorized areas.
L. The Contractor shall ensure that during breaks, if a Contractor's employee leaves
an area, all tools must be removed.
M. All Contractor tools will be inventoried going into and out of a facility. Contractor
shall ensure that employees take in only what is needed to perform the services.
N. At the end of each workday, the Contractor shall ensure that all tools and debris are
collected. The Contractor shall conduct an inspection of all areas to ensure all tools
are accounted for.
O. No illegal drugs or drug paraphernalia are allowed in the compound.
P. No weapons, guns or ammunition are allowed in the compound.
Q. The Contractor shall ensure that no inmate interaction occurs. The Contractor's
employees shall not talk to or give or receive anything from an inmate, including
cigarettes.
R. The Contractor shall only use storage areas approved at the beginning of the project,
unless otherwise permitted during a project by Corrections.
S. The Contractor shall not leave clothing unattended, including hats and sunglasses.
3. SPECIAL CONDITIONS FOR WORKING AT THE CONVENTION CENTER
A. All costs for background investigations will be Contractor's responsibility. The
County shall have the might to request any additional investigative background
information including, but not limited to, the employment record, Right -To -Know
records, E-Verify system records (if the Contractor uses this service as a means to
determine employment eligibility, available through www.uscis.gov), training
records, payroll records, position for which hired including site location of any
personnel assigned to perform the services. The Contractor shall furnish, in writing,
such information to the extent allowed by law, prior to commencement of services.
The Comity reserves the right to conduct its own investigation of any employee of
the Contractor.
B. Background Checks for the Contractor's staff must be approved by OCCC Security
team prior to working in any County facility. Contractors are responsible for
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obtaining the necessary forms for background checks as follows. The background
checks must be performed yearly:
For all Contractor's staff and/or employee that will be working at any
part of the Convention Center and related facilities, including
Destination Parkway Parking Structure, the Contractor shall perform
background checks at its expense and submit them to OCCC for
determining whether the employee is acceptable to be allowed to work
for OCCC. The background checks must be submitted each year the
contract is valid.
2. The contractor shall provide a level 1 (5 years) background check, dated
90 days prior to contract staid and five panel drug screen, for any
employees before starting work to include:
a. Identification Verification
b. Selective Service Status (registered/unregistered).
C. FDLE Automated Criminal Record
d. Clerk of Courts by County of Residence
C. Employment Verification
f. DMB by State Residence
g. Military Verification
h. Professional License and Certification Check
Drug Screen — Five Panel
Amphetamines
Cocaine Metabolites
Marijuana Metabolites
Opiate Metabolites
Phencyclidine
C. Contractor's employees will not be allowed in Orange County Convention Center
without completed and approved background investigations.
D. Upon termination or transfer of any employee of the Contractor working under
this contract, the Contractor shall immediately notify the County
Representative, in writing, of such termination or transfer.
E. The Contractor shall report the arrest of any employee working under the terms
of this contract to the Orange County Convention Center Representative within
twenty four (24) hours of the arrest or knowledge of the arrest. It shall be
subject to the approval of the Orange County Convention Center whether
the employee shall continue to work at Center locations within this contract.
F. The Contractor shall ensure that all vehicles used by their staff are
properly identified with the companies name and logo.
G. The Contractor shall remove from Convention Center premises any of his
employee's who, in the opinion of the County's Representative, or
designee, is not performing the services in a proper manner, or who is
incompetent, disorderly, abusive, dangerous, disruptive, or does not comply
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with the rules and regulations of the County. The Contractor shall in no way,
interpret such removal to require dismissal or other disciplinary action of the
employee. Employees shall not use controlled substances, unless prescribed,
nor illegal substances, and shall not use alcohol on the Center premises. The
Convention Center Representative will request that anyone suspected of working
under the influence of alcohol or controlled substances be removed from the
workplace.
H. OCCC Photo Identification Badges will be issued on an as -needed basis for the
Contractor's employees that have successfully passed their background check
and five panel drug screen check. Badges are the property of the OCCC. Each
lost and/or misplaced badge will result in a $25.00 replacement fee, payable to
the OCCC. Payment should be taken to the Business Services office prior to
obtaining the replacement badge (receipt must be presented in order to receive
a replacement badge). Keys may also be issued to Contractor's employees on
an as -needed basis. All keys are the property of the OCCC. There will be a
$35 charge per key for all lost and unreturned keys. If multiple cores must be
changed due to a missing key, the Contractor shall be responsible for all the
core changes. Core changes are $35.00 per core.
4. ORANGE COUNTY HOLIDAYS
Legal holidays when most County buildings will be closed to the public, are as follows:
1. New Year's Day
2. Martin Luther King Day
3. Memorial Day
4. Fourth of July
5. Labor Day
6. Thanksgiving Day and the Friday after Thanksgiving Day
7. Christmas Eve and Christmas Day
In addition to Orange County Holidays, the Ninth Judicial Circuit Court and the Clerk of
Court also observe the following:
1. Good Friday
2. Rosh Hashanah
3. Yom Kippur
4. Veterans Day
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TEE SCHEDULE
Y19-1018-MV
SANIGLAZE
Item I Description � Estimated Unit Price Estimated
# Quantity Annual Total
per square ft.
EnduraGLAZE Process
1 (as specified) 25,000 $8.25 $ 206,250.00
2 GroutGLAZE Process 5,000 $ 27,500.00
(as specified)
3 SurfaceGLAZE
IProcess (as specified)
$5.50
101000 $5.00 $ 50,000.00
I --
4 ChromaGlaze Process 1,000 $ 5,500.00
(as specified) $5.50
5
ChromaGLAZE+
1,000
Process (as specified)
Xce[KLEEN Process
6
(as specified)
5,000
EverGLAZE
7
Maintenance Program
5,000
tas specified]
8
VariGLAZE Process
15,000
1
(as specified)
Site Preparation
9
Services, Minor (as
20,000
specified)
Site Preparation
10
Services, Moderate (as
20,000
specified)
Site Preparation
11
Services, Extensive (as
5,000
s ecified)
$7.00 $ 7,000.00
$3.00 $ 15,000.00
$1.50 $ 7,500.00
$ 8,60 $ 127,500.00
$0,25 $ 5,000,00
ii
I $1.00 $ 20,000.00
$1.75 $ 8,750.00
Estimated Annual Total
EXT11BIT B
THREE
ESTIMATED
YEARS
THREE
YEARS
TOTAL
X 3
X 3
$618,750.00
X 3
$82,500.00
X 3
$150,000.00
X 3 $16,500.00
X 3 $21,000.00
X 3
$45,000.00
X 3 $22, 500.00
X 3 $382,500.00
X 3 1 $15,000.00
X 3 1 $60,000.00
X 3 $26,250.00
.00 1 X 3 $1,440,000
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
THE FOLLOWING SECTION MUST BE COMPLETED BY ALL BIDDERS:
Company Name:
TIN#
Cubix, Inc.
NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN
NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID.
59-3069016
D-U-N-SO # 00-892-3279
6450 Kin s ointe Parkway Suite 10 Orlando
(Street No. or P.O. Box Number) (Street Name) (City)
Florida
nranaF 32819
(County)
Contact Person:
Phone Number:
Email Address:
(State)
407-928-1004
Travis@cubix-inc.com
(Zip Code)
Travis Owens
Fax Number:
EMERGENCY CONTACT
Emergency Contact Person: Travis Owens
407-373-7412
Telephone Number: 407-928-1004 Cell Phone Number: 407-373-7412
Residence Telephone Number: Cell __ Email: Travis@cubix-inc.com
ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall acknowledge receipt of any addenda issued to this solicitation by completing the
blocks below or by completion of the applicable information on the addendum and returning it not
later than the date and time for receipt of the bid. Failure to acknowledge an addendum that has a
material impact on this solicitation may negatively impact the responsiveness of your bid. Material
impacts include but are not limited to changes to specifications, scope of work/services, delivery
time, performance period, quantities, bonds, letters of credit, insurance, or qualifications.
Addendum No. , Date
Addendum No. , Date,
Addendum No. , Date Addendum No. , Date -
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
AUTHORIZED SIGNATORIES/NEGOTIATORS
The Bidder represents that the following principals are authorized to sign bids, negotiate and/or
sign contracts and related documents to which the bidder will be duly bound. Principal is defined
as an employee, officer or other technical or rofessional in a position capable of substantiall
influencing the development or -outcome of an activity required to perform the covered transaction.
Name
Heather A. Corbitt
Travis Owens
Title Telephone Number/Email
407-373-7410 ext801
Accounting & H.R. Director Heather cubix-inc.com
407-373-7410 ext 803
Sales & FloorinZ Director Travis(ctcubix-inc.com
AU March 7, 2019
(Signature) (Date)
(Title) Accounting & H.R. Director
(Name of Business) Cubix, Inc.
The Bidder shall complete and submit the following information with the bid:
Type of Organization
Sole Proprietorship Partnership Non -Profit
Joint Venture* X_ Corporation
(a)
(b) State of Incorporation: Florida
Principal Place of Business (Florida Statute Chapter 607): _Orlando, Orange CounM, Florida
City/County/State
THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF
THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE
FLORIDA DIVISION OF CORPORATIONS.
Federal I.D. number is: 59-3069016
Joint venture firms must complete and submit with their Bid Response the form titled `7r formation for Deternririi►tg
Joint Venture Eligibility", and a copy of the formal agreement between all joint venture parties. This joint venture
agreement must indicate the parties' respective roles, responsibilities and levels ofparticipation for the project. k
vronosine as a Joint Venture, the Joint Venture shall obtain and maintain all contractuallp _required insurance
in the nante of the Joint Venture as required by the Contract. Individual insurance in the name of the parties to
the Joint venture will not be accented_ Failure to timely submit the required form along with an attached written
copy of the joint venture agreement may restdt in disqualification of your Bid Response
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
DRUG -FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
Cubix Inc. does:
Name of Business
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Florida Statute 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation progratri f such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that this firm complies fully with above
requirements.
Bidder's Signature
March 7, 2.019
Date
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
CONFLICT/NON-CONFLICT OF INTEREST STATEMENT
CHECK ONE
IX ] To the best of our knowledge, the undersigned bidder has no potential conflict
of interest due to any other clients, contracts, or property interest for this
project.
OR
[ ] The undersigned bidder, by attachment to this form, submits information which
may be a potential conflict of interest due to other clients, contracts, or property interest for
this project.
LITIGATION STATEMENT
CURCK ONE.
[ X ] The undersigned bidder has had no litigation and/or judgments entered against
it by any local, state or federal entity and has had no litigation and/or judgments entered
against such entities during the past ten (10) years.
[ ] The undersigned bidder, BY ATTACHMENT TO THIS FORM, submits a
summary and disposition of individual cases of litigation and/or judgments entered
by or against any local, state or federal entity, by any state or federal court, during the past
ten (10) years.
Cubix, Inc.
COMPANY NAME
AUTHORIZED SIGNATURE
Heather A. Corbitt
NAME (PRINT OR TYPE)
Accounting & H.R. Director
TITLE
Failure to check the appropriate blocks above may result in disqualification of your bid. Likewise,
failure to provide documentation of a possible conflict of interest, or a summary of past litigation
and/or judgments, may result in disqualification of your bid.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
E VERIFICATION CERTIFICATION
Contract No.Y19-1018-MV
I hereby certify that I will utilize the U.S. Department of Homeland Security's E-Verify system in
accordance with the terms governing the use of the system to confirm the employment eligibility
of the individuals classified below. In accordance with s. 837,06, Florida Statutes, I understand
and acknowledge that whoever knowingly makes a false statement in writing with the intent to
mislead a public servant in the performance of his or her official duties shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida
statutes.
All persons, including subcontractors and their workforce, who will perform work under Contract
NoX19-1018-MV, SaniGlaze, within the state of Florida.
NAME OF CONTRACTOR: Cubix Inc.
ADDRESS OF CONTRACTOR: 6454 Kingsnointe Parkwate 10 _
Orlando, FL 32819
AUTHORIZED SIGNATURE: \ . , r
TITLE: Accounting & H.R; Director
DATE: March 7 2019
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY BIDDER
For procurement items that will come before the Board of County Commissioners for final
approval, this form shall be completed by the Bidder and shall be submitted to the Procurement
Division by the Bidder.
In the event any information provided on this form should change, the Bidder must file an amended
form on or before the date the item is considered by the appropriate board or body.
Part I
INFORMATION ON BIDDER:
Legal Name of Bidder-
Cubix, Inc.
Business Address (Street/P.O. Box, City and Zip Code):
6450 Kingsoaiizte Parkway, Suite 10
Orlando F132819
Business Phone: ( 407 ) 373-7410
Facsimile: (407) 373-7412
INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLICABLE:
(Agent Authorization Form also required to he attached)
Name of Bidder's Authorized Agent:
Business Address (Street/P.O. Box, City and Zip Code):
Business Phone: ( ) _
Facsimile:
Page 1
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 1311 A6DC9
Part 11
IS THE BIDDER A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC?
YES X NO
IS THE MAYOR OR ANY MEMBER OF THE BCC THE BIDDER'S EMPLOYEE?
YES _X NO
IS THE BIDDER OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE
OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY
MEMBER OF THE BCC?
YES X_ NO
If you responded "YES" to any of the above questions, please state with whom and explain
the relationship.
(Use additional sheets of paper if necessary)
Page 2
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A61DC9
Part III
ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED
I hereby certify that information provided in this relationship disclosure form is true and correct
based on my knowledge and belief. If any of this information changes, I further acknowledge and
agree to amend this relationship disclosure form prior to any meeting at which the above -
referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I
understand and acknowledge that whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his or her official duty shall be guilty of a
misdemeanor in the second degree, punishable as provided in s. 775.082 or S. 775.083, Florida
Statutes.
Lill
Signature of Bidder
Printed Name and Title of Person completing this form:
Heather A. Corbitt
STATE OF , t
COUNTY OF e,
March 7, 2019
Date
Accounting & %—R--0�TU-kCX-
I certify that the foregoing instrument was acknowledged before me this
—10' day of . Ady c k 20_ft by 6d jlj� Cot- 61 V Jr He/she is personally
known to me or has produced 'D,,r N4ey,! Lin In SCE as identification and did/did not
take an oath.
Witness my hand and official seal in the county and state stated above on
the Zday of r'jarG� , in the year 20l
JUAN C TOLEDO
MY COMMISSION # FF976876
EXPIRES May 13. 2020
ao�r aan-0raa FloHdatiab rysAndes om
(Notary Seal)
Staff signature and date of receipt of form
Signat i e of Notary Public
Notary ublic for the State of FLar i r��
My Commission Expires;
Staff reviews as to form and does not attest to the accuracy or veracity of the information
provided herein.
Page 3
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT
This lobbying expenditure form shall be completed in full and filed with all application submittals. This
form shall remain cumulative and shall be filed with the department processing your application. Forms
signed by a principal's authorized agent shall include an executed Agent Authorization Form.
This is the initial Form: X_
This is a Subsequent Form:
Part I
Please complete all of the following:
Name and Address of Principal (legal name of entity or owner per Orange County tax rolls):
Cubix. _Inc. 6450 Kinfrs:�ointe Parkway,. Suite 10. Orlando.. , FLL 32819____�
Name and Address of Principal's Authorized Agent, if applicable:
Last the name and address of all lobbyists, Contractors, contractors, subcontractors, individuals
or business entities who will assist with obtaining approval for this project. (Additional forms
may be used as necessary.)
Name and address of individual or business entity:
Are they registered Lobbyist? Yes ____ or No
2. Name and address of individual or business entity:._
Are they registered Lobbyist? Yes _ or No-
3. Name and address of individual or business entity:__ ,
Are they registered Lobbyist? Yes_ or No
4. Name and address of individual or business entity:
Are they registered Lobbyist? Yes — or No
5. Name and address of individual or business entity:
Are they registered Lobbyist? Yes -- or No
6. Name and address of individual or business entity: _s
Are they registered Lobbyist? Yes _^ or No
7. Name and address of individual or business entity: _
Are they registered Lobbyist? Yes _ or No_
8. Name and address of individual or business entity:
Are they registered Lobbyist? Yes _ or No�
Page 1
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
Part II
Expenditures:
For this report, an "expenditure" means money or anything of value given by the principal and/or his/her
lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include
public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of
print and distribution of publications. However, the term "expenditure" does not include:
*Contributions or expenditures reported pursuant to chapter 106, Florida Statutes;
*Federal election law, campaign -related personal services provided without compensation by
individuals volunteering their time;
*Any other contribution or expenditure made by or to a political party;
*Any other contribution or expenditure made by an organization that is exempt from taxation under
26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or
*Professional fees paid to registered lobbyists associated with the project or item.
The following is a complete listrof all lobbying expenditures and activities (including those of lobbyists,
contractors, Contractors, etc.) incurred by the principal or his/her authorized agent and expended in
connection with the above -referenced project or issue. You need not include de minimus costs (under
$50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or
other documents related to this project.
Date of
Expenditure
Name of Party
Incurring
Expenditure
Description of Activity
Amount Paid
TOTAL EXPENDED THIS
REPORT
$
Page 2
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A61DC9
Part III
Original signature and notarization required
I hereby certify that information provided in this specific project expenditure report is true and correct
based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section
2-354, of the Orange County code, to amend this specific project expenditure report for any additional
expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner
meeting. I further acknowledge and agree that failure to comply with these requirements to file the
specific expenditure report and all associated amendments may result in the delay of approval by the
Board of County Commissioners for my project or item, any associated costs for which I shall be held
responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever
knowingly makes a false statement in writing with the intent to mislead a public servant in the
performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable
as provided in s. 775.082 or s. 775.083, Florida Statutes.
March 7, 2019
Date Signature of principal or o Principal's Authorized Agent
(check appropriate box)
Printed Name and Title of Person completing this form:
Heather A. Corbitt Accounting & H.R. Director
STATE OF F}or•icJcL
COUNTY OF
I certify that the foregoing instrument was acknowledged before me this
'1}~ day of _['far(' , , 20161by %-�r S',xh�k; A4 He/she is personally
known tome or has produced b rive rl5 j_ i r en g-r as identification and did/did not
take an oath.
Witness my hand and official seal in the county and state stated above on
the 1144' day of Ho v&k , in the year
JUAN C TOLF.00 �-
i MY COMMISSION # FF976878 Signat e of Notary Public
. *Oyd� 2020 Notary Public for the State of
(407) 39$-0t62 Fwpe�Noh $ervka.cmn
My Commission Expires:
Staff signature and date of receipt of form
Staff reviews as to form and does not attest to the accuracy or veracity of the information
provided herein.
Page 3
DocuSign Envelope ID: 6CDA45OB-01F3-4FA2-AB1F-FBE11311A6DC9
TEE SCHEDULE
Y19-1018-MV
SANIGLAZE
Item I Description � Estimated Unit Price Estimated
# Quantity Annual Total
per square ft.
EnduraGLAZE Process
1 (as specified) 25,000 $8.25 $ 206,250.00
2 GroutGLAZE Process 5,000 $ 27,500.00
(as specified)
3 SurfaceGLAZE
IProcess (as specified)
$5.50
101000 $5.00 $ 50,000.00
I --
4 ChromaGlaze Process 1,000 $ 5,500.00
(as specified) $5.50
5
ChromaGLAZE+
1,000
Process (as specified)
Xce[KLEEN Process
6
(as specified)
5,000
EverGLAZE
7
Maintenance Program
5,000
tas specified]
8
VariGLAZE Process
15,000
1
(as specified)
Site Preparation
9
Services, Minor (as
20,000
specified)
Site Preparation
10
Services, Moderate (as
20,000
specified)
Site Preparation
11
Services, Extensive (as
5,000
s ecified)
$7.00 $ 7,000.00
$3.00 $ 15,000.00
$1.50 $ 7,500.00
$ 8,60 $ 127,500.00
$0,25 $ 5,000,00
ii
I $1.00 $ 20,000.00
$1.75 $ 8,750.00
Estimated Annual Total
EXT11BIT B
THREE
ESTIMATED
YEARS
THREE
YEARS
TOTAL
X 3
X 3
$618,750.00
X 3
$82,500.00
X 3
$150,000.00
X 3 $16,500.00
X 3 $21,000.00
X 3
$45,000.00
X 3 $22, 500.00
X 3 $382,500.00
X 3 1 $15,000.00
X 3 1 $60,000.00
X 3 $26,250.00
.00 1 X 3 $1,440,000
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE1 B11A6DC9
FEE SCHEDULE - Y19-1018-MV - SANIGLAZE. March 8th, 2022 - March 7th, 2023
Item t!
Description
Unit Price
per Sq Ft
Notes
1
EnduraGLAZE Process (as Specified)
$ 8.58
2
EnduraGLAZE Plus Process (as Specified)
$ 9.75
3
GroutGLAZE Process (as Specified)
$ 5.72
4
jSurfaceGLAZE Pocess (as Specified)
$ 5.20
5
SUrfaceGLAZE Plus Process (as Specified)
$ 6.10
6
ChromaGLAZE Process (as Specified)
$ 5.72
7
ChromaGLAZE Plus Process (as
Specified)
$ 7.28
8
VariGLAZE Process (as Specified)
$ 8.84
9
VariGLAZE Plus Process (as Specified)
$ 10.40
10
XceIKLEEN Process (as Specified)
$ 3.12
11
EverGLAZE Maintenance Program (as
Specified)
$ 1.56
12
Site Prep Minor
$ 0.26
13
Site Prep Moderate
$ 1.04
14
Site Prep Extensive
$ 1.82
Date: February 1st, 2022
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A6DC9
UnIGLAZE
TILE & BARD SURFACE RESTORATION
SanlGLAZE International, LLC
SanIGLAZE process Descriptions
Revised August 2021
Restoration
Service
Description
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
EnduraGiAZE
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs solid opaque, polymer overcoat
Process
on top of existing grout lines; and installs a durable, chemical and urine resistant, clear polymer coating over the entire
tile and grout surface.
A mull! -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
EnduraGLAZE+
soils from ceramic the and grout surfaces, as well as other hard surfaces, and installs solid opaque, polymer overcoat
Process
on top of existing grout lines; and installs a durable, chemical and urine resistant, clear Xolile-based coating over file
entire tile and grout surface.
.ChromaGLAZE
A multi -stop process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic the and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
resistant, opaque tinted Xolite-based coating over the entire tile and grout surface.
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
ChromaGLAZE+
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
Process
resistant, opaque tinted Xolite-based coaling over the entire file and grout surface. A final coat of chemical and wine
resistant, clear Xolite-based coating is applied over the entire file and grout surface.
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
soils from ceramic the and grout surfaces, as well as other hard surfaces and Installs a durable, chemical and urine
VarIGLAZE Process
resistant, opaque tinted Xolite-based coating over the entire surface with the addition of color chips to enhance the
appearance. A final coal of chemical and urine resistant, clear Xolile-based coating is applied over the entire tile and
grout surface.
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and Installs a durable, chemical and urine
VafiGLAZE+
resistant, opaque tinted Xallte-based coating over the entire file and grout surface. Next synthetic chips are spread
Process
evenly over the surface while the coating Is uncured. After the coating has cured the loose chips are removed and a
second coat of chemical and urine resistant, clear Xolite-based coating is applied over the entire tile and grout surface
to encapsulate the chips and provide and additional layer of protection. Next a final application of a high-performance
urethane -based coating is applied over the entire surface.
GroutGLAZE
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs solid opaque, polymer overcoat
on top of existing grout lines.
SurfacoGLAZE
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
resistant, clear polymer coating over the entire the and grout surface.
SurfaceGLAZE+
A mull€ -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic tile and grout surfaces, as well as other hard surfaces, and installs a durable, chemical and urine
resistant, clear Xolite-based coating over The entire the and grout surface.
XcelKLEEN
A multi -step process utilizing proprietary chemicals and compounds that removes embedded contaminants and surface
Process
soils from ceramic the and grout surfaces, as well as other hard surfaces.
EverGLAZE
A set of procedures utilizing specialized equipment and chemicals to maintain the and grout floor surfaces, as well as
Extended Protection
other hard surfaces, on a periodic basis that have been restored by one of the SaniGLAZE system's restoration
Plan
processes.
Site Preparation
Pre -restoration process work necessary before commencement of restoration process steps. Examples include removal
Minor
of floor coatings/caulking/polyurethane, removal and replacement of partitions or work area Impediments, and grout
sawing in cases where grout depth is insufficient to achieve permanent bonding of glazing compound.
Site Preparation
pre -restoration process work necessary before commencement of restoration process steps. Examples Include rernoval
Moderate
of floor coat! ngslcaulkinglpolyurot hane, removal and replacement of partitions or work area Impediments, and grout
sawing in cases where grout depth is Insufficient to achieve permanent bonding of glazing compound,
Pre -restoration process work necessary before commencement of restoration process steps. Examples include removal
Site Preparation
of floor coat€ ngsteaulkinglpolyurethane including S€ITanium, Adsll, MlcroGuard, PermaTect or other coatings, removal
Extensive
and replacement of partitions or work area impediments, and grout sawing in cases where grout depth is insufficient to
achieve permanent bonding of glazing compound.
DocuSign Envelope ID: 6CDA45OB-01 F3-4FA2-AB1 F-FBE11311A6DC9
•
. CU 1X1_
SUSTAINABLE FLOORING RESOURCE
KEITH TVH S'ON
6450 Kingspointe Pkwy, Suite 10
Orlando, FL. 32819
Phone: 407-902-6501
Fax: 407-373-7412
Email: keith@cubix-inc.com
New Tile & Grout Without Replacement
SERVICE PROPOSAL
Net 30
DATE
December 15, 2022
COMPANY
City of Clermont
COMPANY
City of Clermont
CONTACT
Todd Lewis
CONTACT
Todd Lewis
ADDRESS
400 12th Street
ADDRESS
400 12th Street
Clermont , Florida 34711
Clermont , Florida 34711
PHONE
352-394-7177
PHONE
352-394-7177
FAX
FAX
EMAIL
tlewis(cilclermontfl.org
SERVICE
SaniGLAZE
Item
AREA DESCRIPTION
COLOR
Quantity
PRICE
City of Clermont
West Park, Hiawatha Park Restrooms
1
West Park Men's & Women's Restrooms
VariGLAZE
TBD
1
$2,705.04
306 SF $ 8.84 SF.
Process
2
West Park Men's & Women's Restrooms
XceIKLEEN
N/A
1
$954.72
306 SF. $ 3.12 SF.
3
West Park Men's & Women's Restrooms
Site Prep
N/A
1
$ 556.92
306 SF. $ 1.82 SF.
Extensive
4
Hiawatha Park 2 Men's & 2 Women's Restrooms
VariGLAZE
TBD
1
$ 6,223.36
704 SF. $ 8.84 SF.
Process
5
Hiawatha Park 2 Men's & 2 Women's Restrooms
XceIKLEEN
N/A
1
$ 2,196.48
704 SF. $ 3.12 SF.
6
Hiawatha Park 2 Men's & 2 Women's Restrooms
Site Prep
N/A
1
$ 1,281.28
704 SF. $ 1.82 SF.
Extensive
Sub Total
$13,917.80
Sales Tax
TOTAL
1 $ 13,917.80
P.O. #
Signature:
Date:
SANIGLAZE SERVICES BENEFITS:
Like NewAppearance
Permanently Removes Embedded Contaminants
Creates a Cleaner Appearance
Ensures a more Sanitary Environment
Eliminates Odors
Easy to Clean
One Year Warranty against Product/Workmanship failure
No Construction Headaches
Janitorial Training Provided
Provides a Moisture Proof Protective Shield