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HomeMy WebLinkAboutContracts & Agreements_43-2007_CCv0001.pdf AGREEMENT FOR THE PROVISION OF JANITORIAL SERVICES This Agreement is made and entered into this 20th day of March,2007,by and between the City of Redlands, a municipal corporation ("City") and Corporate Building Services, Inc., dba CBSI/VIP Building Services ("Contractor"). City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the"Parties." ARTICLE I - ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform janitorial services (the "Services") for City's Mission Gable House which is located at 168 Eureka Street in the City of Redlands. The specific scope of the Services to be performed by Contractor is described in Exhibit"A," which is attached hereto and incorporated herein by this reference. 1.2 Contractor shall comply with all applicable Federal,State and local laws in the performance of the Services including, but not limited to, all applicable State Labor Code laws and the State's Fair Employment and Housing Act. 1.3 City shall provide Contractor with reasonable access to the Mission Gable House and a secure location to store Contractor's equipment necessary to perform the Services. City shall not permit Contractor's equipment to be used by any third party. City shall have no liability to Contractor for the loss of, or any damage to, equipment stored by Contractor on City property, z:l I ARTICLE 2 - PERIOD OF SERVICE 11 Contractor shall perform the Services at times as requested by City,and such Services shall be completed in a prompt and diligent manner. ARTICLE 3 - PAYMENTS TO THE CONTRACTOR 3.1 The first City request for Sei-vices perfon-ned by Contractor shall be provided to the City free of charge. Thereafter, subsequent requests for Services by City shall be charged at the rate of Eighty-Four Dollars ($ 84.00) per request. 3.2 Contractor shall invoice City monthly and payments by City to Contractor shall be made within thirty(30)days after City's receipt and approval of Contractor's invoice,by warrant payable to Contractor. City retains the right to challenge all or any part of an invoice. dini'agrec',corporate building services 3.3 All notices and invoices shall be in Writing anday be given by personal delivery or by in y mail.Notices, invoices and payments sent by mail shall be.addressed as follows: city: Contractor: Rick Cross Corporate Building Services,Inc. Operations Manager Dba CBSI/VIP Building Services City of Redlands 3 325 Wilshire Blvd. #1.240 PO Box 3005,Suite 222 Los Angeles,CA 90070-1735 Redlands,CA 92373 When so addressed,notices and invoices shall be deemed given upon deposit in the United States mail. Changes may be made in the names and addresses of the persons to whom notices,invoices and payments are to be given by giving notice pursuant to this Section. ARTICLE 4-INSURANCE AND IND EMNIFICATIO- 4.1 Contractor's Insurance to be Pritmar)L All insurance required by this Agreement shall be maintained in effect by Contractor during the to of this Agreement, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of the Services. 42 WorkersComint en and E il A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the to of this Agreement pursuant to California Labor Code,sections 3700 and f860 and in antounts which satisfy statutory requirements with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting cancellation of the policy except upon thirty(30)days prior written notice to CiNy. B. Contractor waives all rights to subrogation against City,its elected officials,officers and employees for losses arising from work performed by Contractor for City. 4.3 Bold Harml ss d Indemnification. Contractor shall defend,indemnify and hold harmless City and its elected officials,officers and employees from and against any and all claims,losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act or omission of Contractor,or its officers,employees or agents in performing the Services. djrWag=zoWrate ba iMing smites 2 4.4 &ai _ _ Contractor shall not assign any of the Services without the prior written consent of City. Any attempted assignment without such consent shall be null and void and, at the sole discretion of City,result in the immediate termination of this Agreement. In the event the Parties agree to an assignment of the Services,Contractor shall add such assignee as an additional insured to the insurance policies required by this agreement. Contractor shall also provide City with insurance endorsements prior to any Services being performed by the assignee. 4.5 Cornt)rchen kyg—G-qa=l Liability InsgMpe. Contractor shall secure comprehensive general liability insurance,with carriers acceptable to City,in the minimum accounts of One Million Dollars (S 1,000,000)per occurrence and Two Million Dollars($2,000,000)aggregate for public liability, property damage and personal injury. The insurance policy shall include provisions prohibiting modification or cancellation of the 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. 46 Rusiness Auto Liability_Insumnce. Contractor shall secure business automobile 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. The coverage shall include all Contractor-owned vehicles,hired and non-owned vehicles and employee non-ownership vehicles used in connection with the Services. The insurance policy shall include provisions prohibiting modification or cancellation of the policy except upon thirty(30)days prior written notice to City. A&TICLE 5 -MISCELLANEOUS PROVISIONS 5,1 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 costs and other relief,be entitled to recover its reasonable attorneys'fees, including fees for the use of in-house counsel by a Party. 5.2 Either Party may tenninate this Agreement by providing ten(10)days prior written notice to the other Party(delivered by certified mail,return receipt requested). 53 Contractor is,for all purposes under this Agreement,an independent contractor with respect to its performance of the Services and not an employee of City. All personnel of Contractor performing the Services are employed by Contractor 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. No provision of this Agreement shall be deemed to create the relationship of employer and employee between the Parties. 5.4 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,proposals or verbal agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Contractor. r-1jnf-agme,,ccxp)rate building smi= 5.5 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: V�4' Afl B l����' 4�x;4H� Mayor City lerk CORPORATE BUILDINGS SERVICES U Phi-tip W.Greig djM%agme"Co.-Poraw bulww-g SMIC's 4 EXHIBIT"A" SCOPE OF WORK Clegg Three Restrooms In D—e Mi sign Gables I er hE At The Redlands ouse Basement Aft fA mt Bowl Each Time I. Refill toilet tissue,paper towel,seat cover, soap,and sanitary napkin dispensers. 2. Empty and clean all waste paper receptacles. 3. Empty and replace inserts of sanitary napkin containers. 4. Clean and sanitize all toilet bowls,removing any stains,and keep free of scale, 5. Toilet seats thoroughly cleaned and disinfected. 6. Clean and sanitize wash basins in a non-abrasive cleaner,rinse and wipe dry. 7. All metal work and plumbing fixtures cleaned and polished. 8. All mirrors and dispensers cleaned and polished. 9. Clean and sanitize all restroorn floors with approved germicidal solution. 10. Spot Clean walls and around washbasins for fingerprints, splash marks,and smudges. 11. Sanitize door knobs,openers,fixture handles and faucets,to help prevent spread of viral infection. 12. Wipe down all walls and partitions with approved germicidal solution. 13. Clean and polish all metal door frames and kick plates. 14. Dust ceiling vents, fans,comers,and lighting, 15. Wipe down wall fhxtures with approved germicidal cleaner. SUPPLIES AND EQUIPMENT Equipment will meet all the applicable industrial codes established by OSHA, industrial associations,and local government regulations. All equipment will be maintained in good order. Client shall supply a secure location to store equipment. The equipment supplied by Contractor is not to be used by anyone other than employees assigned by Contractor. dji-mWeevorporme building sermes 5