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HomeMy WebLinkAboutContracts & Agreements_163-2008_CCv0001.pdf AGREEMENT TO PROVIDE JANITORIAL SERVICES AND SUPPLIES FOR THE CITY OF REDLANDS AT VARIOUS CITY FACILITIES This agreement for the provision of janitorial services and supplies at various City facilities ("Agreement") is made and entered into this 71 day of October, 2008 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Custom Service Systems ("Contractor")who are sometimes individually referred to herein as a"Party"and,together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE I - ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to provide janitorial services and supplies to approximately 13 City facilities at,various locations (the "Services"), 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents:`that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing contractors in the industry providing like and similar types of Services. ARTICLE 2 - SERVICES OF CONTRACTOR 2.1 The Services which Contractor shall perform are more particularly described in Exhibit"A," entitled"Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the performance of this Agreement including,but not I united to,the Americans with Disabil ities Act and the Fair Employment and Housing Act. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 3.2 City will make provision for Contractor to enter upon City-owned/leased property, as required by City, to perform the Services. 3.3 City designates its Operations Manager of the Quality of Life Department as City's representative with respect to performance of the Services,and such person shall have the authority to transmit instnictions, receive information,interpret and define City's policies and decisions with respect to performance of the Services. C:'Docurrent;and Service Systerns Agkeement FINAL&X: 9,,'22308 1:04 P1111L ARTICLE 4 - PERIOD OF SERVICE 4.1 Contractor shall perform the Services in a prompt and diligent manner, and in accordance with the schedule set forth in Exhibit"A." ARTICLE 5 -PAYMENT AND NOTICE 5.1 The total compensation for Contractor's performance of the Services shall not exceed the amount of tine Hundred Sixty-Three Thousand Eight Hundred Ninety-Six Dollars($163,896.00). City shall pay Contractor on a monthly basis up to one-twelfth(1/12)the not-to-exceed amount, in accordance with Exhibit "B," entitled "Cost Breakdown Form." 5.2 Payments by City to Contractor shall be made within thirty (30) days after receipt and approval by City of Contractor's invoice,by warrant payable to Contractor. Invoices shall be sent on a monthly basis. 5.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by mail should be addressed as follows, City: Operations Manager Quality of Life Department PO Box 3005 35 Cajon Street, Suite 222 Redlands, CA 92373 Contractor: Ken Truelock Custom Service Systems P.O. Box 5596 783 Palmyrita Ave., Unit A Riverside, CA 92517-5596 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. Changes may be made in the names and addresses of the person to whom notices and payments are to be given by giving notice pursuant to this section. C:,Documents and Stiting,,".D,,,-arci&,Dfsktol�,Cu-,,,toy n Service Systems Afawment.FINAI-Am, 922,08 1.-04 p.m. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 All insurance required by this Agreement shall be maintained by Contractor for the duration of its perfortriat-ice of the Services. Contractor shall not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Contractor. Contractor shall provide City with original certificates of insurance and endorsements evidencing the insurance coverage required by this Agreement prior to commencement of the Services. All insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty(30) days prior written notice to City. 6.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to City. 6.3 Hold Harmless and Indemnification. Contractor shall indemnify,hold harmless and defend City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act,omission or failure to act by Contractor,its officers,employees and agents in performing the Services. 6.4 Assignment. Contractor is expressly prohibited from assigning any of the Services without the express written consent of City. In the event of mutual agreement between Parties to assign a portion of the Services, Contractor shall add the assignee as an additional insured and provide City with the insurance endorsements prior to the perforinance of any Services by the assignee. Assignment does not include customary reimbursable expenses that may be provided in this Agreement. 6.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars($1,000,000)per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million dollars($1,000,000)per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used for the scope of services, hired and non-owned vehicles, and employee non- ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. City shall be named as an additional insured and a certificate of liability insurance and endorsement shall be delivered to City prior to commencement of the Services. C"Alannews and�4-,tting,,;'Daai-ci,&,Desktc)p',Cust<)m ScIvice Systems A&i-ceimnt FINNAL&V 9i2l,'08 1:04 p,in. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall,in addition to any casts and other relief,be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. T2 All documents, records, drawings; desig=ns, cost estimates, electronic data files, databases, passwords, access codes, and other documents developed by or for Contractor pursuant to this Agreement, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services,or upon the request of City. Anyreuse of such documents and any use of incomplete documents will be at City's sole risk; 7.3 Contractor is for all purposes an independent contractor. Contractor shall supply all tools, equipment and instrumentalities requiredto perforin the Services. All personnel employed by Contractor are for its account only, .and in no event shall Contractor or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City, 7.4 This Agreement may terminated by City, in its stile discretion and without cause, by providing;five(5)business days prior written notice to Contractor(delivered by certified mail,return receipt requested)of intent to terminate. 7-5 if this Agreement is terminated by City,an adjustment to Contractor's compensation shall be ode,but I)no amount shall be allowed for anticipated profit or unperformed services, and('2)any payment due Contractor at the time of termination maybe adjusted to the extent of any additional costs to City occasioned by any default by Contractor. 7.6 Upon receipt of a termination notice,Contractor shall immediately discontinue all Services affected, and within five (5) days of the date of the termination notice, deliver or otherwise make available to City,copies(in both hard copy and electronic form,where applicable)of anydata,floor plans,drawings of buildings,specifications,reports,estimates,summaries,passwords,access codes; and such other information and materials as may have been accumulated by Contractor in per-Iii minf the Services required by this Agreement. Contractor shall be compensated on a pro-rata basis for Services completed up until notice of termination. 7.7' Contractor shall maintain books and accounts of all payroll costs and expenses related to the Services. Such books shall be available at all reasonable times for exarnination by City at the office f Contractor. C':"Caocunicats aimcktinga.,Dgaroice,,Dc:-,ki(ap Custuin Service Systema A cement FINAL.&V 9,22d08 1N pair, 7.8 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein,and any prior negotiations,written proposals or verbal agreements relating to such matters are superseded by this Agreement, Any amendment to this Agreement shall be in writing,approved by City and signed by City and Contractor. 7.9 This Agreement shall commence on its Effective Date and end on October 7, 2011, unless terminated earlier as provided for in Section 7.5 of this Agreement. If mutually agreeable by the Parties,this Agreement may be extended for two(2)successive one-year terms by a written request to City from Contractor to renew this Agreernent,6or another year under the same terms,price and conditions,except for any increases in insurance coverage requested by City or changes in terms or conditions of this Agreement required by law,and by a written acceptance of the renewal request by City's City Manager delivered to Contractor, 7JO This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duty authorized representatives of the City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS CUSTOM SERVICE SYSTEMS By: B y: on Harrison, Mayor Title: Ce- 0 Attest: City,,C erk Service Syslom AgT%mnen1.doL am, AGREEMENT FOR THE PROVISION OF JANITORIAL SUPPLIES AND SERVICES FOR THE CITY OF REDLANDS AT VARIOUS CITY FACILITIES EXHIBiT A SCOPE OF SERVICES I- General Conditions: A. Examination of the Facilities: Where work is to be performed in City facilities,each bidder shall have examined the site of work before bidding and shall be responsible for having acquired full knowledge of the,job and of any and all problems affecting it. No variations or allowance from the cost breakdown for the scope of services will be made because of lack of such examination B. Damage to Existing Work: Damage to existing construction, equipment, planting, etc., by the Contractor in the performance of work shall be replaced or repaired and restored to original condition by and at the expense of the Contractor. C.Clean Up: The Contractor shall at all times,keep the premises clean from accumulation of waste or recyclable materials caused by employees or janitorial work and shall remove all resulting materials from site(s) where the services are performed, D. Supervision: The successful bidder shall appoint an experienced supervisor to be responsible for all the services required and performed under the contract. The supervisor must be acceptable to the City and have the authority to receive on behalf of the Contractor any order or communication relating to the services contained within this contract. The supervisor shall be readily accessible to staff of the City at all times and have communication equipment (cell phone or pager). The Contractor shall distribute to all employees assigned under this contract a copy of the"Scope of Services" section. The Contractor shall provide the City with a signed distribution sheet of all employees responsible for any services required under this Service Agreement verifying that they have received a copy of the"Scope of Services"section. The Contractor shall give efficient super-vision to the services. Failure to provide supervision, adequate to ensure conformance with the specifications of this service agreement,will be considered deficient performance. Failure to correct a notice of deficient performance from the City will constitute cause for termination of the Contract. E. Contract Administration- A checklist will be completed by the Contractor, or a designated supervisor, ensuring that all required tasks are completed according to each time frame indicated in the scope of services. This checklist shall be turned in to the City's representative as often as is necessary to ensure efficient performance of the job specifications. The Contractor will correct, within 24 hours, deficiencies for any task labeled as daily weekly or monthly The Contractor will correct,within 4 8 hours,any deficiencies for any task labeled as semi- monthly, quarterly or annually. C:`i1xurnents and Settiiigs,"Dgattia,,DesktopCustc)m Service systems Afi-eematt FINAL doc 9;22;09 1:04 p.m, The City reserves the right to procure service for the correction of the deficiency from other sources and hold the contractor responsible for any costs incurred. Failure to correct a Notice of deficient performance from the City will constitute cause for termination of the Contract.. F. Invoices: Invoices submitted must be itemised to include monthly costs for a given time period,. and include the City's purchase order number. Any additional charges need to be detailed on the invoice. G. Security Clearance and Bonding. The successful bidder shall submit to the City upon request, names and addresses of all individuals who will be performing the work. The City requires a background check clearance and that personnel not approved for clearance be replaced. The successful bidder shall provide evidence that all employees engaged in providing the services are covered under terms of the bidder's insurance policy and have passed a thorough background check;. Background checks are to be performed at the expense of the Contractor. H. Assignments: The successful bidder shall not make any assignments or any subcontract without the written permission of the City. 1. Uniforms: The Contractor is responsible for supplying, at its own expense, uniforms to all employees;which will be unvarying;in style. All employees are expected to be in unifornj while on duty,and the uniform is to be kept clean and in good condition. Employees,likewise,should be neat and clean and present a good image J. HumanResources: The Contractor shall make available upon request the following: the Health and SafetyPlan for the Workers and an accident record from the last 5 years,including the details of the Contractor's response, actions and outcomes. K. Standard of Performance: All work shall be performed in a good and efficient manner. 11. General lie uirmehts: 1. .All keys entrusted to the Contractor for the fulfillment of this contract must be filly protected at all tithes. to the event of any bass ofkey(s),it will be the responsibility of the Contractor to cover the cost of having the locks re-keyed. All rooms/buildings are to be secured after cleaning by ensuring all windows are closed/locked and doors that are required to be locked are locked.. 2.. Upon completion and during the sequence of their duties,janitorial personnel will turn off all lights in unoccupied areas unless otherwise directed. 3 Prior to leaving the building each dight, the Contractor shall check to see that all outside doors are locked and that the building is secure: Emergency phone numbers will be provided to the Contractor and. the Contractor' shall notify: the appropriate person in a timely manner of any difficulties in securing the buildings, C:Documents and St4tings",,,Dgarcia!?e4ktopa',Custoni Service Systems A19-cement RNALAO 9,2208 8 1:04[.m, 4. Any conditions in the facilities that may require repair shall be reported to the City in a timely manner(i.e.; dripping faucets, damaged walls, burned out lights, etc.). 111. R E C Y C L I N G—RE, UI RED FOR EACH FACILITY/BUILDING/OFFICE It is the objective of the City to minimize disposal and maximize recycling of waste materials from City facilities. The contractor plays a vital role in achieving this objective. Contractor shall coordinate recycling activities with the City's representative to minimize refuse disposal and maximize recycling from City facilities. Contractor shall empty recyclable materials contained within designated recycling containers throughout the facility. This includes all blue, recycling desk-side containers and larger, blue 32= gallon recycling containers. Recyclable materials shall be emptied into the white recycling durripster at the rear of City Hall off Citrus Avenue. Recyclable materials set aside due to an office clean-out should be collected and emptied into the white recycling dumpster. This includes office clean-out materials such as paper (e.g., boxes, blueprints,plans,files,etc.)that may not be placed inside of a recycling container due to inadequate capacity. Contractor shall contact the City's representative if the janitorial staff or supervisor is in doubt regarding the proper separation of materials due to an office clean-out, Contractor is encouraged to contact the City's representative to apprise them of improper separation of materials by City staff, Materials listed below should be separated for recycling by City office staff. Newspapers Magazines Office paper Junk Mail Envelopes Phone Books Blueprints Catalogs Paper Bags Computer Paper Colored Paper Aluminum cans Tin (steel) cans Pie Pans All glass bottles and jars Empty Aerosol cans Milk Jugs Soda, Water and Juice Bottles Flattened Cardboard Boxes All other plastic bottle or containers Contractor shall meet with the City's representative a minimum of once every six months to review their performance related to the requirements under this section. IV. Equipment and SpTplies: Contractor will provide the City with records to indicate the specifications, details and any other information available concerning the supplies and equipment used at City facilities. C:'Cor umenti and St-ttings'Dgiircidt)e,,�ktopust(iiii Service Systems Agfeement FINALdoc 9 22,,08 1:-04 ii,m. Supplies and materials used in performing the scope of services contained herein under this agreement shall conforrn to the following specifications listed in the chart below. (any non- conforming specification must be provided in the blank column for consideration and approval by the City) Janitorial SuPP1.%S12ecirications*** ITEM INT EQUIRED 13IDDERIS SPECIFICATIONS"' � I SPECIFICATIONS EVVERS Heavy duty small ZiTainger,500 count, 10 gallon, trash can liner 24 x 23,black or approved functionally equivalent -T– Heavy duty—medium Grainger,250 count, 20-30 trash can liner gallon,30 x 36,black or grey,or a roved functionally 3 Heavy duty large 100 per case,40.50 gallon;gray, trash can liner 90 lb or approved functionally —--equi alent PAPER SUPPLIES 4 Toilet tissue,coreless 2-ply., 1000 sheets per roll,36 roll rolls/case or approved funt:tionall uivalent. Toi let"tissue tomatch2-ply,white,Kleenex Cotto—nelle, various dispensers or approved functionally _Lquivalent 7— Paper�towels,single Must fit each specific dispenser fold to match various at each location(to be noted — dispensers during facility walk-through) 7 Paper towels, Must fit each specific dispenser niultifold to match at each location(to be noted various dispensers during facili:i walk-through) 8 Toilet Seat covers Waxie,or equivalent,250 C(Yunt,- 20 pack/case or approved — functionally equivalent- 9 Paper Towels, 10"x 800', 6 rolls/case, EnMotion,used in touchless roll or approved two Cit dis erasers 'functi C',Documcnts olid Setting��D�,,arci�t',,De,wktap'-Custotii Set-vice Systems A&ecmoit FINAL doc 1),22,08 1:04 pmi ITI MMINIMUM/REQUIRED 13IDI?ER'S S P IFIC°A"T EONS�" SPECIFICATION J4jV1T0R1AL SUPPLIES 10 Class cleaner Trigger Spray Bottle,non streakin I l Disinfectant Aerosol Must be: pseudonloacidal vircidal against 111 ', salmonellacidal,bactericidal, fungicidal, ttaphylocidal; tuberculocidal 12 Urinal deodorizing Waxie,deluxe urinal screens deodorizing screen, 12/ea or annroved functionall e uivalent 13 Soap-liquid hand Gojo Castulian Ltn Soap cleaner 14 Hand soap Push Pack Waie,push pack,pink lotion, 33,8 fl. Oz.or approved- functionally' equivalent 15 Hand soap medicated Provon Medicated Lotion soap with Chlovoxylenal;33.8 f},Oz. or approved functionally e uivalent 1_6 Toilet bowl cleaner Acid Base, Squeeze Bottle, 17 Industrial strength Lysol or approved functionals disinfectant e uivalent Ili furniture polish Pledge or approved functionally e uivalent 19 Cleanser Cornet or approved functionally e m alent,cleaner with chlorinal ZQ Room Deodorizer Air Freshener,Airlift Aerosol,or approved functionally e uivalent: Z I EFloor trength Any brand 22 per Baseboard Stripper or approved l`unctionall equivalent* 23 Calpet Stain Remover ''Spray Bottle* 24 o cleaner Ar brand* 25 Carpet Shampoo For C a et Cleaning Machines* 26 Floor Wax Any brand* For treatment of various types of flooring,, carpeting, etc., only materials recommended a nd approved by the flooring manufacturers shall be used. It shall be the prime responsibility of the successful bidder to protect the owner's property at all times, and to use only materials and treatments that will enhance the appearance of the flooring, etc., and preserve the surface against deterioration. (')Actual specifications must be provided in this column for anynon-conforming specification C:Dctcunactats;and St.;tting.s"-,D atcia M'sk-t()p't ustOI7t Service Systems Aa��bemetaa FfNALd()e ct 2?t�S 1 D4 p.m, A 'f Mechanic�nd other Eg u pment *� Brooms, brushes, mops, rags, waxes, vacuums, buckets, gloves, carts, paper goods, all ancillary supplies,tools and components,and other janitorial supplies,as well as all power equipment such as floor machines;_vacuum systems, and all other equipment will be furnished by the Contractor, and Heist be approved by the City. If for any reason the Contractor fails to provide adequate supply of the above mentioned materials during the work day, any supplies furnished by the City shall be done at the expense of the Contractor. Contractor shall allow the City's representative to inspect facilities during office hours to assure compliance with the service agreement. Upon request, the Contractor shall provide the City with written certification of all services and supplies provided to the City. V. Task/ pecifi Duty l�.eauremer�ts for Each Cit Facility Please see attachment ri The City's RFB for the;provision of janitorial supplies and services and the Contractor's bid and statement of qualifications in response thereto is incorporated herein by reference,provided that any inconsistencies or differences between said documents and this agreement shall be resolved in favor of this agreement. C'Documoits and S(-tin '�Dg-,�rei�'I7Lsktop Custom SetvicC Systems A#>x.ment FINAL do 9F22,08 €:04 pm. Pre-Disaster Mitic-,ation Grant Fundin, - On. motion of Councilmember Gilbreath, seconded by COUncilmember Gallagher, the City Council unanimously authorized staff to apply for Pre-Disaster Mitigation Grant funding for the Downtown Redlands storm drain; seismic retrofit for the Civic Center and Local HazardMitigation Plan Update. Agreement - Janitorial Services - Mayor Harrison asked if the proposed janitorial service agreement required the use of"green" supplies; Quality of Life Director van Dorst replied it was included in the proposed agreement. Coancilmernber Harrison moved to approve an agreement with Custom Service Systems for the provision ofianitorial services and Supplies to City facilities and to authorize the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City. Motion seconded by Councilinerriber Gallagher and carried unanimously, Rental Property Ordinance Implementation - Regarding, the implementation of the rental property ordinance, Quality of Life Director van Dorst clarified for Mayor Harrison the difference between an exterior and interior inspection. Councilmember Harrison moved to direct City staff to proceed withthe implementation of the rental property ordinance and to utilize the forms and procedures as presented. Motion seconded by Councilinernber Gallagher and carried unanimously. Funds - Purchase of Bus - Senior Transportation Program - Cert motion of Councilinernber Gilbreath, seconded by Councilmember Gallagher the City Council unanimously authorized the purchase ofa 2008 Para Transit Bus with handicap accessibility features and approved an additional appropriation in the amount of$79,999.11 for the use of AB2766 Subvention Funds for the purchase of the vehicle for the Police Department's Senior Transportation Program. PUBLIC HEARING Resolution No. 6763 - TEFRA ffiaringy - Public hearing was advertisedfor this time and place to consider Resolution No. 676_1 to approve the issuance, by the California Statewide Communities Development Authority of Health Care Revenue Bonds in the aggregate principal amount of approximately $55,000,000.00, a portion of the principal amount of which will be applied to the financing of the acquisition of a licensed health care facility commonly known as "The Buchanan House" located at 1543 North University Street (Mountain Shadows Support Group, fric., Owner), Mayor Harrisondeclared the meeting open as a public hearing. Finance Director/City Treasurer Kundig reviewed the request from Mountain Shadows Support Group, Inc. Oil behalf of the California Statewide Communities Development Authority, Terrance Murphy responded to Councilmerribers' questions, Mayor Harrison called for public comments. There being no verbal or written comments, the Public October 7. 2008 Page 3.