Loading...
HomeMy WebLinkAboutAgree-Executive Facilities Services (2)NPS-2.1 (8.22) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for Janitorial Services at the Citrus Center ("Agreement") is made and entered into this 3'd day of October, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Executive Facilities Services, Inc., a California corporation ("Contractor"). City and Contractor 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 1 — ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform janitorial services for City (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 professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONTRACTOR 2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates Tabitha Crocker, Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period of three (3) years commencing as of the Effective Date, unless terminated earlier as provided herein. 1 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) 4.3 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 Total compensation for Contractor's performance of the Services shall not exceed the amount of Three Hundred Fifty -Nine Thousand, Seven Hundred Eighty One Dollars and Forty Eight Cents ($359,781.48). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled "Fee Schedule Title," which is attached hereto and incorporated herein by this reference. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Jim Ferraro, Owner Executive Facilities Services, Inc. 6865 Weaver Street Riverside, CA 92504 jferraaro@execservices.biz 844-780-2626 951-346-3922 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. 2 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents 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 negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; 3 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm NPS-2.1 (8.22) (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 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 the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or 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. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or 4 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 8.6 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. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and, Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS Eddie Tejeda, Mayor A I-! EST: ka ine Donaldson, City Clerk 5 I:lcmolAgreements\Executive Facilities Services, Inc FY22-0258.docx-jm EXECUTIVE FACILITIES SERVICES, INC. By:--��� Jim Ferraro, Owner NPS-2.1 (8.22) EXHIBIT "A" SCOPE OF SERVICES Contractor shall appoint an experienced supervisor to be responsible for all Services required & performed under this Agreement. The Supervisor must be acceptable to City and have the authority to receive on behalf of Contractor any order or communication relating to the Services. The Supervisor shall be always readily accessible to staff of the City and have communication equipment (cell phone and email). If a replacement Supervisor is deemed necessary by Contractor, replacement Supervisor shall be approved by City prior to commencement of any Supervisory duties. Supervisor shall "walk" all buildings with a check list and review janitorial work being performed by janitorial staff. Supervisor shall attend bi-monthly meetings with City Staff and report findings and challenges. SERVICE LEVEL (Acceptable Quality): The level of services as outlined in these Specifications must be consistently maintained. During the Contract period, appropriate City Staff will conduct routine inspections of the facilities under this Contract. The inspections are based on standards for commercial facilities within the maintenance industry. This scope of work establishes the minimum requirements for providing Janitorial Services to the City of Redlands. The Contractor is required to meet all specifications listed herein, as minimum, and is required to submit a firm, fixed cost for all commodities/services. The Contractor shall fully and timely provide all deliverables described herein in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations including the Displaced Janitorial Act (California Labor Code 1060 et seq.). Contractor shall provide all labor, materials, equipment, and mobilization to complete the services for the City of Redlands. DETAILED SPECIFICATIONS: Task specifications are provided for general cleaning and should be applied to any and all public and office areas. Task specifications for general restroom cleaning should be applied to any and all restrooms. Special task requirements unique to each facility are also detailed. All items not specifically included but found to be necessary to properly clean the facilities, shall be included as though written into them. DEFINITIONS: Where "as directed", "as required", "as permitted", "approved", "acceptance", or words of similar importance are used, it shall be understood that the direction, requirement, permission, approval, or acceptance of the Maintenance Manager is intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide complete", "in place", "this is", "furnish and install"; the work "site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Director" shall be construed to mean the Maintenance Manager or his delegated representative(s). The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract. The use of the words "shall" and "may" shall be held to mean "mandatory" and "permissive" respectively. The use of the words "his" or "him" shall be construed to mean either gender, as appropriate. CLEANING TASKS: Janitorial Services shall accomplish all cleaning tasks to meet the completeness, quality, and frequency requirements set forth under these definitions. Cleaning to be completed once daily, Monday through Friday after 5:00 P.M. and before 5:00 A.M. 6 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) 1. Plumbing Fixtures and Dispenser Cleaning: Plumbing fixtures and dispensers are clean when free of all deposits and stains so that items are left without dust, streaks, film, odor, or stains. 2. Sweeping: Janitorial Services shall sweep all floors, including corners and abutments, so that after sweeping they are free of all visible litter, dust, and foreign debris. Chairs, trash receptables and easily movable items shall be tilted or moved to sweep underneath and returned to their original location when sweeping has been completed. 3. Cleaning Floors: Janitorial Services shall clean all tile and/or vinyl floors, including corners and abutments so that they are uniform in appearance and are free of streaks, swirl marks, detergent residue, or any evidence of stains, soil film, debris or standing water. Chairs, trash receptacles, and easily movable items shall be moved to clean underneath and returned to their original location when cleaning has been completed. Janitorial Services shall remove all splash marks on furniture, walls, baseboards, etc. Janitorial Services shall remove all splash marks on furniture, walls, baseboards, etc. Janitorial Services shall clean bathroom tile floors, including corners and abutments so that they are uniform in appearance and free of streaks, swirl marks, detergent, residue, or any evidence of stains, soil, film debris or standing water. Janitorial Services shall ensure that the mop used to clean the bathroom floor is not used on any other common floor area. Janitorial Services shall display caution signs when floors are wet and personnel other than Janitorial Services personnel are present in the area. Signs shall remain in place until floors are completely dry. 4. Maintaining Floors: Janitorial Services shall maintain all tile and vinyl floors accessible with a floor cleaning machine, unless specified elsewhere as having carpet or special flooring. After tile and/or vinyl floors receive floor maintenance, the entire floor shall have a uniform coating of nonskid finish and have a uniform glossy appearance and be free of scuff marks, heel marks and other stains and discoloration. Janitorial Services shall remove floor finish solutions from baseboards, walls, furniture, trash receptacles, etc. Chairs, trash receptacles and easily movable items shall be tilted or moved to maintain floors underneath and returned to their original location when maintenance has been completed. Janitorial Services shall apply these techniques only to the portion of the floor needing work to bring the entire surface up to the above stated standard. Janitorial Services shall not apply finish on surfaces that have not been cleaned. See Exhibit D for floor cleaning schedule. 5. Mirror/Glass Cleaning: Janitorial Services shall clean interior and exterior glass doors and surrounding glass areas to include sills/ledges, display cases, glass cabinets, mirrors, and adjacent trim so that after cleaning there shall be no traces of film, dirt, smudges, water, or other foreign matter. All accessible glass surfaces shall be without streaks, film deposits and stains and have a uniform bright appearance. 6. Shampooing Carpets: Janitorial Services shall shampoo carpets so that after shampooing, the carpet area is uniform in appearance and free of embedded dirt, grime, cleaning solution, film, debris, stains, marks, and discoloration. Carpet shall be cleaned with a commercial floor machine with power scrubbing capability 7 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) that will clean both sides of the carpet using extraction methos and a drying time of four to five hours. All shampooing solutions shall be removed from walls, furniture, trash receptacles, chairs, and similar items. Chairs, trash receptacles and easily moveable items shall be moved to shampoo carpet area underneath and then returned to their original location. 7. Baseboard Cleaning: After cleaning, the surfaces of all baseboards (wood, resilient, ceramic will have a uniformly clean appearance, free from dirt, stains, streaks, wax and cleaning marks. 8. Washing of Walls: Wash all wall surfaces. Use cleaning materials consistent with finish material of wall. All exposed surfaces of walls are to be cleaned and made free of all dirt, dust, grit and left without streaks, film, odor, or stains. 9. Supplies: Contractor shall provide all consumable supplies including but not limited to the following: all paper products (i.e., seat covers, toilet paper, hand towels), hand soap and trash can liners. Paper products shall contain at a minimum 30% post -consumer material. The Contractor shall use cleaning supplies that are of a quality that will not be abrasive, stain, discolor, corrode, or otherwise damage the surfaces being cleaned. The City reserves the right to require the Contractor to substitute supplies at any time during the contract term. 10. Removal of Trash: Janitorial Services shall empty and return to their location waste baskets and if clearly marked, other trash containers within the area (empty boxes, etc.). Janitorial Services shall empty and return to their original location bathroom waste baskets, sanitary napkin disposal containers, and other trash containers within the area. Plastic trash liners shall be placed in waste receptacles and replaced when soiled or torn. Interior and exterior of trash receptacles shall be cleaned as required to assure cleanliness. Janitorial Services shall dispose of trash in plastic bags secured with a bag tie. Janitorial Services shall pick up any trash that may fall in or around the building during the removal of collected trash. Janitorial Services shall deposit the trash in the outside trash collection point (trash bin). 11. Low Dust: Janitorial Services shall perform low dusting so that after dusting, all dust, smudges, cobwebs, litter, lint, and dry soil are removed from surfaces of chairs, file cabinets and other types of office furniture, wall hangings, tops of partitions, partition ledges, windowsills, window blinds, light fixtures, ceiling corners, etc. to a line of 8'-0" above floor level. Janitorial Services shall not dust typewriters, business machines or computer equipment. 12. Drinking Fountains and Sinks: Janitorial Services shall clean and disinfect all polished metal surfaces, including the opening and drain, so that after cleaning, drinking fountains and break room sinks shall be free from streaks, spots, stains, smudges, scale and other obvious soil. 8 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm NPS-2.1 (8.22) 13. Vacuum Carpet: Janitorial Services shall vacuum all carpeted floor areas so that after vacuuming, they are free of all litter, dust, soil, etc. Chairs, trash receptacles and easily moveable items shall be moved to vacuum underneath and returned to their original location when vacuuming has been completed. 14. Restrooms/Showers Cleaning: Janitorial Services shall perform restroom cleaning as specified: A. CLEAN/DISINFECT: Janitorial Services shall completely clean and disinfect all surfaces of toilet bowls, urinals, lavatories, showers, plumbing fixtures and other such surfaces, using germicidal detergent. After cleaning all surfaces shall be free of dirt, grime, film, stains, scum, soap residue, dust, and other foreign matter. B. SPOT CLEAN: Janitorial Services shall remove smudges, fingerprints, marks, streaks, dust, deposits from washable surface of partitions, stalls, stall doors, handrails, wall areas adjacent to lavatories, urinals, toilets, interior and exterior doors, and soap/towel dispensers. Janitorial Services shall spot clean using a germicidal detergent. After spot cleaning, the surface shall have a clean, uniform appearance. Other wall surfaces not mentioned shall be spot cleaned as needed to the same standards. C. DESCALE: Janitorial Services shall descale interior of toilet bowls, showers, and urinals as needed so that after cleaning, the entire surface is free of streaks, stains, scum, scale, urine deposits and rust stains. D. CLEAN MIRRORS: Janitorial Services shall clean mirrors and adjacent trim so that after cleaning, they are free of dirt, film, smudges, water spots, streaks, etc. E. SHOWER MATS: Janitorial Services shall clean and disinfect weekly shower mats located in both the men's and women's showers. The Contractor shall clean the shower floor under the mats weekly. 15. Remove Spider Webs: Janitorial Services shall remove all spider webs from walls and windows inside buildings and on the outside entrances. Dust sills on all windows including floor length windows. 16. Vacuum Upholstery of all Fabric Furniture: Janitorial Services shall vacuum all upholstery of all fabric furniture. 17. Dust Vacuum Heating and Ventilating Grills: Janitorial Services shall dust or vacuum all heating and ventilating grills. 18. Equipment and Supplies: The Contractor shall furnish and keep in good working order, all necessary cleaning supplies, tools, and equipment. This includes, but is not limited to cleaners, waxes, mops, brooms, buffers, ladders, hoses, and vacuums, etc. Non -complying equipment and supplies shall be changed out at the request of the City. Contractor shall provide all consumable supplies including but not limited to the following: cleaning products, hand soap and paper products (i.e., seat covers, toilet paper, hand towels, trash can liners, germicidal cleaners, etc.). 9 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm NPS-2.1 (8.22) Contractor shall submit all cleaning product information for approval prior to use. Any change of product shall be pre -approved by the City. Contractor is responsible for supplying MSDS sheets to the Maintenance Supervisor for all cleaning liquids, chemicals, solvents, additives, floor waxes, etc., which Contractor is using. These will be kept on file for immediate access to the Building Maintenance Team and updated as needed. Janitorial closet areas shall be always kept clean and free of debris and odor. All supplies shall be stored in a neat and orderly manner and in such a way as to prevent injury to City or Contractor's employees. DESCRIPTION OF ITEM MIN. REQUIRED SPECIFICATIONS Heavy duty small trash can liners Grainger, 500 count, 10 gallon, 24 x 23, black or approved functionally equivalent Hand Soap Waxie Select NRG No -Touch Foam Heavy duty medium trash can liner Grainger, 250 count, 20-30 gallon, 30x36, black or grey, or approved functionally equivalent Toilet tissue, coreless roll 2-ply, 1000 sheets per roll, 36 rolls/case or approved functionally equivalent Toilet tissue to match various dispensers 2-ply, white, Kleenex Cottonelle, or approved functionally equivalent Paper towels, single fold to match various dispensers Must fit each specific dispenser at each location (to be noted during facility walk-through) Toilet Seat Covers Waxie, or equivalent, 250 count, 20 pack/case or approved functionally equivalent. Paper Towels, EnMotion 10" x 800', 6 rolls/case, touchless roll or approved functionally equivalent Glass Cleaner Trigger spray bottle, non -streaking Urinal Deodorizing Screens Waxie, deluxe urinal deodorizing screen, 12/ea or approved functionally equivalent Toilet Bowl Cleaner Acid Base, Squeeze Bottle Industrial Strength Disinfectant Lysol or approved functionally equivalent Furniture Polish Pledge or approved functionally equivalent Cleanser Comet or approved functionally equivalent cleaner with chlorinal Floor Stripper Baseboard Stripper or approved functionally equivalent * Carpet Stain Remover Spray Bottle * Mop Cleaner Any Brand Carpet Shampoo For Carpet Cleaning Machines * Floor Wax TBD 19. Supervision: Contractor will assign a supervisor and lead custodial person to this contract and one or both are required to be present during all scheduled cleaning hours and special work assignments. This custodial supervisor or lead person is required to speak, read, and understand English. Site supervisor shall carry a cell phone and/or pager by which the City Staff will be able to communicate with him/her. They are required to attend bi-monthly meetings with Building Maintenance Manager to review performance and discuss outstanding issues. Additional meetings may be required as requested by other departments and their city representatives. 20. Inspection: The City shall inspect the work areas daily and with the Contractor every week to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this walk-through shall not be construed to relieve the Contractor of the duty to provide continuous inspection of the work area. Discrepancies and deficiencies in the work shall be brought to 10 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm NPS-2.1 (8.22) the attention of the Contractor and corrected in the same manner specified by the Director. Same day corrections of deficiencies are required. 21. Staffing: The Contractor shall submit a breakdown of BONDED staffing proposed to adequately perform the tasks as outlined in these specifications. As part of the breakdown, the Contractor shall list the percentage of staff who are employed by the Contractor and the percentage of staff that will be assigned to this contract. 22. Employee Conduct: Employees of the Contractor while performing work under this contract, WILL NOT: 1. Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on -duty, authorized Contractor employee. 2. Remove any City property or personal property, equipment, monies, form, or any other item from any city facility. 3. Engage in horseplay or loud boisterous behavior. 4. Be under the influence of alcohol or drugs. 5. Gamble. 6. Smoke in any building. 7. Turn on or use any equipment (i.e., computers, typewriters, fax machines, copy machines, radios, televisions, etc.) except any Contractor or City supplied equipment. 8. Use any City telephone except those designated by the City for purposes of business under this contract. 9. Open any desk, file cabinet or storage cabinet. 10. Remove any articles from desks. 11. Consume any food or beverage, other than that brought with or purchased by the employee, and only in areas designated as break or lunchrooms. 12. Enter any facility that they are not specifically approved to enter. 23. Employee Removal: The Contractor shall remove from service on the premises of the City any employee of the Contractor who, in the opinion of the City, is not performing the services in a proper manner, or who is incompetent, disorderly, abusive, dangerous, or disruptive, or does not comply with the rules and regulations of the City. 24. Employee Appearance and Identification: Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. The Contractor shall provide each employee with an identification badge and uniform. Identification badges may be worn on collared shirts or tee shirts with company logos. Long pants are required. No shorts, skirts, or open -toed shoes are allowed. 11 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm NPS-2.1 (8.22) Security: The City will provide access to all facilities and properties after which the Contractor is required to always have all keys and alarm codes available when providing services to the City. The Contractor is responsible for the replacement of all lost keys, fobs, or card access keys at a cost of $50.00 each. Contractor will be financially responsible for any and all costs resulting from the need to re -key or re -code alarms in a facility. The Contractor shall ensure all facilities are secure. Contractor is responsible for resetting alarms, turning off lights and locking doors upon completion of all duties. Failure to secure a facility correctly may result in termination of the contract. The Contractor will be financially responsible for any call outs by stand-by personnel due to doors left open, alarms turned off, and alarms activated after hours. 25. Quality Control: Contractor shall attend bi-monthly meetings with Building Maintenance Staff for review of areas of improvement, Contractor questions and/or issues with facilities. 26. Property Damage: The Contractor shall be held responsible for damages that occur during the hours pertaining to performance of this contract to the interior of the facilities or contents thereof. The Contractor, as his/her expense, shall pay to repair the damage and/or replace the items(s) damaged. 27. Missed Cleanings: Should the Contractor fail to clean a facility in accordance with scheduled times and requirements (Once daily, Monday through Friday after 5:00 P.M. and before 5:00 A.M.) the City will automatically remove payment for that cleaning from the invoice. Continued failure to clean in accordance with the schedule may result in termination of the contract. The sum of Two Hundred Fifty Dollars ($250.00) per day will be deducted and forfeit from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or Specifications. 28. Special Events: The Contractor can expect to support special events during and outside of normal duty hours. Special events may include, but are not limited to, City council meetings, City commission meetings, special meetings and/or functions. The Contractor shall adjust the service schedule so that these services will be performed after the event. Contractor shall propose an hourly rate per person for this service and provide adequate procedures for receiving and responding to special event service requests. 29. Labor Strike: It is the Contractor's responsibility to provide continuous maintenance services, without interruption, to all buildings and facilities specified herein. In the event of a labor action, the Contractor shall provide other means, at the Contractor's expense, to provide continuous. and comparable service. Failure to do so will cause the City to take whatever action is necessary to provide the service, with any cost above and beyond the contractor normal rates (which will be deducted from the Contractor's payment) to the City being borne by the Contractor. 30. Additions/Deletions: The City may, without invalidating the contract, modify the contract by adding, deleting, or changing areas to the contract; by adding deleting or changing usage or space, by adding, deleting, or changing routine services; by deleting or changing specifications. All changes shall be ordered by means of a written change order to the purchase order. Additions shall be added at the contracted square foot for comparable facilities under contract. If there are no comparable facilities, the price shall be negotiated by the City with the Contractor. 12 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) 31. Holidays: Contractor shall not provide services on City observed holidays. City holidays include New Year's Day Memorial Day Labor Day Day after Thanksgiving New Year's Eve Day Martin Luther King Day Juneteenth Veteran's Day Christmas Eve Day President's Day Independence Day Thanksgiving Day Christmas Day 32. Qualifications/Security: The Contractor, subcontractors and all employees shall be capable and experienced in the contract work to be performed. The contractor or any principle, officer or employee of the Contractor who has been convicted of any felony or any crime involving moral turpitude with the previous 10 years is prohibited from working on City premises until such time as the charges are dismissed. The city may limit or reject certain individuals if their presence is determined by the Building Maintenance Supervisor to be detrimental to the normal conduct of its business. Prior to commencing any Work under this contract, the City of Redlands requires that the Contractor and any principles, officers or employees who will work on City premises undergo a security check through the City of Redlands Police Department. This is a LIVESCAN background check and is considered a Background Check 1. There is no cost to the contractor for this service and the Contractor shall ensure this requirement is met prior to ANY personnel arriving onsite to conduct janitorial services. Contractor personnel that are scheduled to work in ANY Redlands Police Department facility will be required to undergo a more in-depth background check (Background Check 2) that includes reviewing online presence, Officers speaking with neighbors, prior employers, family members, etc. Background Check 2 can take up to six (6) weeks to complete and is a requirement for all janitorial personnel entering ANY Redlands Police Department facility for purposes of work. In the event Contractor enters any Redlands Police Department facility to perform any janitorial functions, without having successfully passed a Background 2, the Contract and Purchase Order are subject to immediate cancellation. 33. Janitorial Bond: Contractor shall provide the City with a Janitorial (Fidelity) Bond or its approved equivalent in a minimum amount of fifty thousand dollars ($50,000.00) covering the fidelity (dishonesty, disappearance, or destruction) of or by the Contractor's employees with ten calendar days after Notice of Award. Said bond shall be duly executed by Contractor and a responsible Surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California and registered with the County of San Bernardino. The Contractor shall pay all bond premiums, costs, and incidentals. The City shall return the bond to the Contractor upon the expiration of this Contract and the fulfillment of the Contractor's obligations under this Contract. 35. Recycling: Contractor shall coordinate recycling activities with the City's Recycling Coordinator to minimize refuse disposal & maximize recycling from City facilities. Contractor shall empty recyclable materials contained with designated recycling containers throughout the facility. This includes all blue, recycling desk -side containers & larger, blue 32-gallon recycling containers. Recycling materials shall be emptied into the white recycling dumpster at the rear of the City Center (Citrus Avenue). Recyclable materials set aside should be collected & emptied into the white recycling dumpster. This includes office materials such as paper (e.g., boxes, blueprints, plans, files, etc.) that may or may not be placed inside of a recycling container due to inadequate capacity but are clearly labeled "RECYCLE". 13 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm NPS-2.1 (8.22) Contractor shall contact the City' s Recycling Coordinator to apprise him/her of improper separation of materials by City staff. Materials listed below should be separated for recycling by City office staff. Contractor shall NOT collect recyclables for personal use or sale. Office Paper Blueprints Junk Mail Envelopes Catalogs Computer Paper Colored Paper Aluminum Cans Tin (steel) cans Glass Bottles Flattened All other plastic bottles Cardboard Boxes and containers 14 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8.22) EXHIBIT "B" FEE SCHEDULE TITLE CITRUS CENTER JANITORIAL SERVICES FCS06292023KG Pricing to be based on full occupancy rate. TOTAL FEE/COST PROPOSAL INCLUDE TOTALS HERE MONTHLY PRICE ANNUAL PRICE PROPOSAL A — YEAR ONE $9,993.93 $119,927.16 PROPOSAL B — YEAR TWO $9,993.93 $119,927.16 PROPOSAL C — YEAR THREE $9,993.93 $119,927.16 TOTAL PRICE FOR THREE YEARS WRITTEN HERE 51;359,781 a PRICE PER SQUARE FOOT TO DEEP CLEAN CARPET: $0.12 CONTRACTOR NAME: Executive Facilities Services, Inc. CONTACT: Jim Ferraro CONTRACTOR ADDRESS: 6865 Weaver Street CITY: Riverside STATE: CA ZIP: 92504 EMAIL: jerraro@execservices.biz DIR#: JS LR-000014832 PHONE: 844-780-2626 15 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx-jm NPS-2.1 (8,22) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation` insurance in.this State. ) 13y securing from .the Director of Industrial Relations, a certificate .of consent to self -insure,' either'as an individual, employer,' or as one employer in a group of employers, which may be given upon;f.irnishing proof satisfactory to the Director of Industrial Relations of ability to self insure` and to pay any compensation that may become due to his or her employees. I am aware ,of the provisions of Section, 3700' of the Labor 'code which requires every employer to be insured against liability for Workers' Compensation :or to undertake self insurance in•accordance with the provisions of that Code, and I will, comply with such provisions before commencing the performance of the work and activities required or :permitted under this Agreement. (Labor Code §1861). I affirm.that.atall times, in performing rming the work and activities required or permitted under this'Agreement,:I shall not employ any person in any manner such that I become,subject to the workers' Compensation laws of California. ,However, at any time, if I employ any person such that I •become subject to the workers' compensation •laws of California, ,immediately I shall provide the City with a certificate of consent to self insure, or, a certification of workers' compensation insurance. I certify under penalty of perjury under the •lawsof the State of California that the information and representations Made' in this certificate are true and correct. EXECUTIVE FACILITIES SERVICES, INC. 16 I:\cmo\Agreements\Executive Facilities Services, Inc FY22-0258.docx jm