Agenda Item A.8
CPMS CONSENT CALENDAR
Meeting Date: November 1, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: George Thomson, Parks and Open Space Manager
SUBJECT: General Services Agreements with Rich & Famous, Inc. doing business as Big Green Cleaning Company for Janitorial Services at Parks and Other City-Owned Lands for Fiscal Years 2023-2025
RECOMMENDATION:
A. Approve and authorize the City Manager to execute Amendment No. 5 to General Services Agreement No. 2018 -089 with Rich & Famous, Inc. doing business as Big Green Cleaning Company, for janitorial services at the Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park, retroactive to June 3 0, 2022 and extending the term to November 1, 2022, and increasing the maximum contract amount by $ 22,500 for a new total not -to-exceed contract amount of $ 220,788; and
B. Approve and a uthorize the City Manager to execute a General Services Agreement with Rich & Famous, Inc. dba Big Green Cleaning Company to provide janitorial services at parks and other City-owned lands, for a total contract amount of $852,728 for Fiscal Years 2023 -2025, and with a termination date of June 30, 2025.
C. Approve a budget appropriation of $150,000 from the General Fund Unassigned Fund Balance to Contract Services in the Parks and Open Space Maintenance Program Budget of the Public Works Department.
BACKGROUND:
The City of Goleta (City) owns and maintains over 500 acres of developed parks and open spaces that improve the community’s quality of lif e. Daily janitorial maintenance is necessary to ensure City recreation facilities, public restrooms, picnic areas, and wildlife habitat areas are free of debris, graffiti, and other waste. Trash management is an important aspect of parks and open space maintenance. The City provides over 150 trash and recycling cans throughout our parks and open spaces to address the high volume of garbage generated by park patrons. In addition, the City supplies over 300,000 1 Meeting Date: November 1, 2022
compostable dog waste bags to the community every year to encourage responsible pet ownership and protect water quality at our creeks and beaches. Despite numerous trash receptacles in public spaces, on-call janitorial services are increasingly required to address trash left at park and open space grounds and to clean up illegally dumped materials on City lands.
In addition to trash management, the City cleans public restrooms, playgrounds, picnic areas, and other public spaces every day. Human feces, drug paraphernalia, and food waste are removed regularly from parks and open spaces. Since 2018, janitorial services at these sites have been performed by a private contractor, Rich & Famous, Inc. dba Big Green Cleaning Company (Big Green), and the City’s Parks and Open Space Division.
To address tasks not provided by private contractors, the Parks and Open Space Division currently allots approximately 1.5 Full Time Employees (FTE)s weekly to service trash cans, restock dog waste bags, and replenish soap and toilet paper at public restrooms.
This represents half of the Division’s total field staff work force and, in any given week, one City maintenance worker spe nds most of their time addressing trash issues and delivering dog waste bags and toilet paper to City parks and open spaces. Contracting out these services would allow Parks maintenance staff to refocus their efforts on addressing deferred maintenance and improving the quality of our recreational amenities, turf fields, and landscapes. The new agreement for services consolidates all janitorial tasks so that City staff can focus on higher priorities.
The City entered into multiple c ontractual agreements for janitorial services with Big Green since 2018. Between 2018 and 202 1, four contract amendments for Big Green’s general service agreement were authorized by City Council to provide janitorial services at City parks, add new recreation al facilities (such as Jonny D. Wallis Neighborhood Park), and/or to respond to COVID-19 public health directives. The most recent contract amendment extended the contract period through June 30, 2021. Due to current workload and staffing constraints in the Parks and Open Space Division, staff inadvertently allowed the contract to expire on June 30, 202 2. Nevertheless, Big Green did not cease its services at each park location and continues to provide services today.
Proposed in this agenda item is a contract amendment to Big Green’s current agreement to retroactively amend the agreement to extend the term and add to the contract amount so that Big Green can be compensated for its services rendered since July 1, 2022.
In July 2022, Public Works staff conducted a formal b id solicitation process for janitorial services consistent with Municipal Code Section 3.05.080 to consolidate multiple janitorial contracts and to ensure competitive pricing. Based on the results of the bid process, Public Works staff recommends entering into a new three-year agreement with Big Green who submitted the sole responsive bid.
DISCUSSION:
The formal bid solicitation for janitorial services in City parks, open spaces, and the public right-of-way was advertised in the Santa Barbara Independent and the online bid board PlanetBids on July 21, 2022 . To increase awareness about the bid opportunity, Public 2 Meeting Date: November 1, 2022
Works Staff also contacted all janitorial service companies listed on the Internet in Santa Barbara Count y, and all janitorial service companies that hold a valid City business license.
The advertised scope of work for the contract includes:
Daily sanitizing of park restrooms
Daily cleaning of high-use, reservable picnic areas, including trash service Graffiti removal
On-call response for removal of illegally dumped items or additional janitorial services as-needed
On the August 18, 2022, bid due date, only one responsive bid was received. Big Green submitted the sole bid response. Public Works Staff evaluated the bid response and Big Green was selected based on their expe rience and bid price . The contract term is November 1, 2022, through June 30, 202 5, subject to annual budget adoption by City Council. Pursuant to the City’s advertised bid, the City has the option to continue services with Big Green beyond June 2025 : a three-year contract extension option is available upon mutual agreement and approval by City Council. Since this is a longer -term agreement, the contract also includes a 3% hourly rate increase per year to provide for a cost-of-living wage adjustment and to address future operating cost uncertainties for the contractor. The contract scope of work includes daily janitorial work in City parks and open spaces, as well as on-call hourly work to remove illegally dumped items or perform additional janitorial services as-needed.
FISCAL IMPACTS:
The $22,500 retroactive amendment for janitorial services from July-October, 2022 is not included in the summary tables below. There is sufficient funding in the FY 2022 -2023 Parks and Open Space Adopted Operating Budget to cover the $22,500 one -time retroactive agreement cost. The table below display financial information associated with the proposed new agreement with Big Green for janitorial services for the term November 2022 through June 2025.
Proposed New Contract Amount Per Fiscal Year
Fiscal Year Base Contract Annual On-Call
Work
Total
FY 22-23 $128,488 $25,000 $153,488
FY 23-24 $287,803 $55,000 $342,803
FY 24-25 $296,437 $60,000 $356,437
Total New
Agreement
$852,728
The table below shows the current FY 22-23 Adopted Budget and year to date activity in the contract services account. Due to higher than anticipated costs, staff is recommending an additional appropriation of $150,000 from the General Fund Unassigned Fund Balance to the Contract Services line item (101 -50-5400-51300) to support this contract. The future year budgets for FY 23-24 and FY 24-25 will be programmed accordingly. 3 Meeting Date: November 1, 2022
Fiscal Year 22-23 Adopted Budget
Fund
Type
GL Account Current
Budget
YTD Actuals/
Encumbrances
Contractual
Amount
Requested
Appropriation
Total
Available
Budget
General
Fund
101-50-
5400-51300
$554,500 $490,746(1) $148,488 $150,000 $65,266
General
Fund
101-50-
5800-51062
$100,000 $32,698
$5,000 $0 $62,302
Total $654,500 $120,824 $153,488 $127,568
(1) The $490,746 i ncludes a pending encumbrance of $402,60 0 related to the landscape maintenance services contract award being considered by Council on the same agenda.
ALTERNATIVES:
Per Municipal Code Section 3.05.080(D)(5), the Council may reject the bid presented and use whatever method deem ed appropriate, such as rebidding or negotiating a contract.
However, doing so could delay the necessary janitorial maintenance of the City’s parks by up to four months and may not produce any additional responsive and responsible bidders with lower pricing.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 5 to General Services Agreement No. 2018 -089 with Rich & Famous, Inc. doing business as Big Green Cleaning Company, for janitorial services at the Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park
2. Agreement with Rich & Famous, Inc. dba Big Green Cleaning Company for Janitorial Services at Parks and Other City -Owned Lands for Fiscal Years 2023 - 2025
3. Amendment Nos. 4, 3, 2, 1 to General Services Agreement No. 2018 -089 and General Services Agreement No. 2018-089 with Rich & Famous, Inc.
4 ATTACHMENT 1
Amendment No. 5 to General Services Agreement No. 2018-089 with Rich & Famous, Inc.
5 City of Goleta
Amendment No. 5 to Agreement No. 2018-089
AMENDMENT NO. 5
TO A GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RICH & FAMOUS, INC., DBA BIG GREEN CLEANING
This Amendment No. 5 to the General Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and Rich & Famous, Inc., DBA Big Green Cleaning (“Service Provider”) dated September 19, 2018 (“Agreement,” Agreement No. 2018-089.04) is made on this 1st day of November, 2022. This Amendment No. 5 shall be effective on June 30, 2022.
SECTION A. RECITALS
1. T his Agreement is for the Janitorial Services for Parks and Open Spaces project; and
2. On March 21, 2019, the Agreement was amended to provide additional compensation in the amount of four thousand eighty dollars ($4,080) for additional janitorial services at Jonny D. Wallis Park (“Amendment No. 1”) for a new not to exceed of twenty -six thousand seven hundred eighty -four dollars ($26,784); and On June 4, 2019, the Agreement was amended to provide additional compens ation of fifty-five thousand eight hundred seventy -two dollars ($55,872) for continued janitorial services at Jonny D. Wallis Park (“Amendment No. 2”) for a new not to exceed amount of eighty -two thousand six hundred fifty -six dollars ($82,656) and the term of the Agreement was extended to June 30, 2020. On October 6, 2020, the Agreement was amended to provide additional compensation of fifty-five thousand six hundred thirty-two dollars ($55,632) for continued janitorial services at Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park (“Amendment No. 3”) for a new not to exceed amount of one hundred thirty -eight thousand two hundred eighty - eight dollars ($138,288) and the term of the Agreement was extended to June 30, 2021. On June 15, 2022, the Agreement was amended to provide additional compensation of sixty thousand dollars ($60,000) for continued janitorial services at Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park (“Amendment No. 4”) for a new not to exceed amount of one hundred thirty - eight thousand two hundred eighty-eight dollars ($198,288) and the term of the Agreement was extended to June 30, 2022; and
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed one hundr ed thirty -eight thousand two hundred eighty-eight dollars ($198,288); and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $22,500 for continued tasks; and
DocuSign Envelope ID: 9D025B27-22F8-4565-94DC-F541843D371D 6 City of Goleta
Amendment No. 5 to Agreement No. 2018-089
5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2022; and
6. The parties desire to retroactively amend this Agreement so that this Amendment is effective as of Ju ne 30, 2022, and the term of the Agreement expires on November 1, 2022; and
4. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
5. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-3"; and
6. The City Council approved this Amendment No. 5, on this 1 st day of November,
2022.
SECTION B. AMENDED TERMS
Now therefore City and SERVICE PROVIDER retroactively agree as follows that the Agreement be, and hereby is, amended as of June 30, 2022, as follows:
1. S
ubsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $22,500 and to read in its entirety:
M
aximum and Rate. The total compensation payable to SERVICE PROVIDER by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $220,788 (herein "not-to-exceed amount") and shall be earned as the work progresses.
2. S
ection 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional four months, through November 1, 2022.
3. E
xcept as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
DocuSign Envelope ID: 9D025B27-22F8-4565-94DC-F541843D371D 7 City of Goleta
Amendment No. 5 to Agreement No. 2018-089
In concurrence and witness whereof, this Amendment No. 5 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
____________________________ ______________________________ Robert Nisbet, City Manager Allen Williams
President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Joyce Williams
Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 9D025B27-22F8-4565-94DC-F541843D371D 8 City of Goleta
Amendment No. 5 to Agreement No. 2018-089
EXHIBIT A-3
SCOPE OF WORK
SERVICE PROVIDER shall provide daily janitorial services for Stow Grove Park, Amtrak Station, and Jonny D. Wallis Neighborhood Park restrooms. The service provider shall provide the following services:
Services provided seven days a week:
1. Clean, sanitize and polish all vitreous fixtures including toilet bowls, urinals and hand basins.
2. C lean all glass mirrors.
3. Empty, spot clean and sanitize all containers and disposals, insert liners as required.
4. Empty and sanitize the interiors of sanitary containers.
5. Spot clean all walls, doors and partitions.
6. Refill all toilet paper and soap dispensers to normal limits.
7. Dust all horizontal surfaces including sills, molding, ledges, shelves and ducts.
8. Remove cobwebs from the walls, ceiling areas and around light fixtures.
9. Sweep, damp mop, and sanitize hard floor. As an alternative to damp mopping the floors may be sprayed with disinfectant, hand scrubbed with deck brushes, rinsed with a garden hose and squeegeed dry.
10. Notify Project Manager of any vandalism including graffiti, broken fixtures or damage to structure.
Additional services provided seven days a week only to Jonny D. Wallis Park: Open the front entrance gate.
1. Empty all the trash receptacles.
2. Clean all the picnic tables.
3. Clean the ash and trash from and around the fire pits [barbecue grills].
4. Clean and sanitize three pieces of exercise equipment (Saturdays and Sundays only)
Service provided weekly:
1. Remove cobwebs and debris from the exterior of the building including doors, window frames, privacy fencing and the underside of the roof eves.
2. Pressure washing of the interior of the bathrooms including walls, partitions, fixtures, floors and base coves. Wastewater to be recovered and disposed of per County Ordinance.
Service Provider will provide all supplies and equipment required and bill separately as an extra cost.
Additional Services:
1. Stow Park: 580 N. La Patera Lane:
DocuSign Envelope ID: 9D025B27-22F8-4565-94DC-F541843D371D 9 City of Goleta
Amendment No. 5 to Agreement No. 2018-089
Services provided seven days per week to both bathrooms and weekly pressure washing services.
2. Amtrak Station 25 S. La Patera Lane:
Services provided seven days per week to both bathrooms and weekly pressure washing services.
4. Jonny D. Wallis Park 170 S. Kellogg Avenue:
Services provided seven days per week to both bathrooms and weekly pressure washing services. Morning gate opening, emptying all trash receptacles, cleaning all picnic tables and cleaning the ash from around the fire pits (barbeque grills).
Additional Services for Stow Park:
(Duties will be performed prior to 10:00 a.m. every Saturday and Sunday in all picnic areas of the Park)
1. Empty the trash receptacles and replace the can liners.
2. Police the areas for trash and debris.
3. Ensure that the tables are clean for obvious spillages and soils.
DocuSign Envelope ID: 9D025B27-22F8-4565-94DC-F541843D371D 10 City of Goleta
Amendment No. 5 to Agreement No. 2018-089
DocuSign Envelope ID: 9D025B27-22F8-4565-94DC-F541843D371D 11 ATTACHMENT 2
Agreement with Rich & Famous, Inc. dba Big Green Cleaning Company for Janitorial Services at Parks and Other City-Owned Lands for Fiscal Years 2023-2025
12 Project Name: Janitorial Services for Parks and Open Space
AN AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
Rich & Famous, Inc. DBA Big Green Cleaning Company
THIS GENERAL SERVICES AGREEMENT (“A greement”), made and entered into this 1st day of November, 2022, by and between the CITY OF GOLETA, a municipal corporation (hereinafter referred to as "City"), and Rich & Famous, Inc.
DBA Big Green Cleaning Company hereinafter referred to as "Service Provider".
SECTION A. RECITALS
1. This Service Provider will be providing general services in conjunction with the Janitorial Services for Park and Open Space project; and
2. Ser
vice Provider represents that it is sufficiently experienced and capable of providing the services agreed to herein and are sufficiently familiar with the needs of the City; and
3. Service Provider was recommended for award of this Agreement in compliance with Goleta Municipal Code Section 3.05.080.
4. The City Council, on this 1st day of November, 2022, approved this Agreement and authorized the City Manager to execute the Agreement.
SECTION B. TERMS
1. RETENTION OF SERVICE PROVIDER
City
hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform janitorial services, as requested, and attached herein as Exhibit “A”. Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.
2. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation earned by or payable to the Service Provider, by the City, for any and all services under this Agreement are estimat ed to be $852,728, and SHALL NOT EXCEED the sum of $852,728 over the life of the Agreement, and shall be earned on the following basis:
C
ity of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
13 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
Hourly at the hourly rates a nd with reimbursement to the Service Provider for those expenses set forth in Service Provider's Schedule of Fees marked Exhibit "B," attached and incorporated herein. (b) Payment. All payments shall be made within 30 days after the Service Provider has provided the City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to the City's Project Manager.
3. CITY PROJECT MANAGER AND SERVICES BY CITY
The serv
ices to be performed by the Service Provider shall be accomplished under the general direction of, and coordinate with, the City's "Project Manager", as that staff person is designated by the City from time to time, and who presently is George Thomson.
4. PROGRESS AND COMPLETION
Project Manager shall assign, in writing, Service Provider with discrete small projects, which shall in no event exceed $852,728. Service Provider shall commence work on the services to be performed on each project as requested and authorized by the Project Manager.
For each discrete job requested by the Project Manager, Service Provider must respond to provide at least an initial assessment of the project. Service Provider will provide an estimate to the Project Manager and only start work upon written authorization from the Project Manager.
5. AGREEMENT PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the right to retain, employ, Agreement with other qualified providers of services during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.
Ability to Perform. The Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.
Laws to be Observed. The Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of Goleta ordinances, regulations and adopted codes during its performance of
14 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
the work.
Payment of Taxes. The Agreement prices shall include full compensation for all taxes which the Service Provider is required to pay.
Permits and Licenses. The Service Provider shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
Prevailing Wage. The Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is t he responsibility of the Service Provider to be familiar with the California Labor Code, and failure or neglect of the Service Provider to understand the California Labor Code shall in no way relieve him from any obligations.
Safety Provisions. The Service Provider shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
Preservation of City Property. The Service Provider shall provide and instal l suitable safeguar ds, approved by C ity, to protect City property from injury or damage. If City property is injured or damaged as a result of the Service Provider's operations, it shall be replaced or restored at the Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when the Service Provider began work.
Immigration Act of 1986. The Service Provider warrants on behalf of itself and all subcontractor Providers engaged for the performance of this work that only persons authorized to work i n the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
Service Provider Non-Discrimination. The Service Provider shall not discriminate based on race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
Work Delays. Should the Service Prov ide r be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due t o federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City
15 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
and the Service Provider. In the event that there is insuf ficient time to grant such extensions prior to the completion date of the Agreement, City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
Inspection. The Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of the Service Provider are being performed in accordance with the requirements and intentions of this Agreement.
All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its Agreement requirements.
Audit. City shall have the option of inspecting and/or auditing all records and other written materials used by Service Provider in preparing its invoices to City as a condition precedent to any payment to Service Provider.
Interests of Service Provider. The Service Provider covenants that it presently has no interest, and shall not acquire any interest, direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the wo rk hereunder. The Service Provider further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Service Provider certifies that no one who has or will have any financial interest in performing this work is an officer or employee of City. It is hereby expressly agreed that, in the performance of the work hereunder, the Service Provider shall at all times be deemed an independent Service Provider and not an agent or employee of City.
6. TERM
This Agr eement shall expire on June 30, 2025.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Service Provider's drafts, notes and internal memorandum), including duplication of same prepared by Service Provider in the performance of these services, shall become the property of the City upon termination of the consulting services pursuant to this Agreement and upon payment in full of all compensation then due Service Provider. If requested by the City, all, or the designated portions of such, shall be delivered to the City. The City agrees to hold the Service Provider harmless from all damages, claims, expenses and losses arising out of any reuse of the plans and specifications for purposes other than those desc ribed in this Agreement, unless written authorization of the Service Provider is first obtained.
16 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBSERVICE PROVIDER
This Agreement is for general services which are personal to City . Rich & Famous, Inc. DBA: Big Gree n C leaning Company is deemed to be specially experienced and is a key lead for services provided, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement. Service Provider must ensure that subcontractors m ust adhere to all applicable provi sions of this Agreement relating to providing services to City.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. The Service Provider holds the City, its elected officials, officers and employees, har mless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to the Service Provider, to the Service Provider's employees, to Service Provider’s Service Provider s or subcontractor , or to the owners of th e Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or occur while Service Provider is in a City building or on City property, or which are connected, directly or indirectly, with the Service Provider's performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. Service Provider shall investigate, defend, and indemnify the City, its elected officials, officers and empl oyees, from any claims, law suits, demands, judgments and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, professional errors and omissions arising out of, directly or indirectly, an error, a negligent act or negligent omission of the Service Provider or of Service Provider’s subcontractor , or the willful misconduct of the Service Provider or Service Provider’s Service Providers/subcontractor, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions in law or equity concerning any activity, p roduct or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related to such litigation. (c) Nonwaiv er. The City does not waiv e, nor shall be deemed to h ave
17 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by the City, or the deposit with the City, of any insurance certificates or policies described in section 10.
10. INSURANCE
Service Provider shall, at Service Provider’s sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by City.
Ins
urance shall include the following (or broader) coverage:
a) I
nsurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate.
b) Ins
urance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Wor
kers’ Compensation insurance c omplying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
Liabi
lity insurance policies required to be provided by Service Provider hereunder shall contain or be endorsed to contain the following provisions:
a) E
xcept for professional liability insurance, City, its employees, officials, agents and member agencies shall be covered as additional insureds.
Coverage shall apply to any and al l liability a rising ou t of the work performed or related to the Agreement. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) G
eneral and automobile liability insurance shall apply separately to each insured against w hom a claim is made or suit is brought, except with
18 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
respect to the limits of the insurer’s liability. Coverage will not be limited to City’s vicarious liability.
c) E
xcept for professional liability insurance, l iability co verage shall be primary and non-contributing with any insurance maintained by City. d) E
vidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
e) N
o liability insurance coverage provided to comply with this Agreement shall prohibit Service Provid er, or Service Provider’s employees, or agents, from waiving the right of recovery prior to a loss. Service Provider waives its right of recovery against City.
f) S
ervice Provider agrees to deposit with City within fifteen days of Notice to Proceed of the Agreement certificates of insurance and required endorsements.
g) T
here shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Service Provider hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City . City has no additional obligations by virtue of requiring the insurance set forth herei n. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider or City will withhold amounts sufficient to pay premium from Service Provider payments.
h) S
ervice Provider agrees to provide immediate notice to City of any claim or loss against Service Provider arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
11. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent
19 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
contractor and that in no event shall Service Provider be considered an officer, agent, servant or employee of City. The Service Provider shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. TERMINATION BY CITY
The City, by notifying Service Provider in writing, may upon five (5) calendar days notice, t erminate any portion or all of the services agreed to be performed under this Agreement. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job . A ll co mpensation for act ual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.
13. CORRECTIONS
The Service Provider shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by t he C ity, and the cost thereof shall be charged to Service Provider.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Servic e Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, which ever occurs first. However, any approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and Service Providers for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Service Provider, its employees, subcontractor, agents and Service Providers.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the oth er party, irrespective of t he length of time for which such failure
20 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.
16. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a f inancial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, the Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official.
If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an Agreement with a developer of any land within the City or with a City fra nchisee, the S ervice Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any Agreement or request to perform services for that identified developer/franchisee during the term of this Agreement.
17. GOVERNING LAW
Th
is Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California and, should litigation occur, venue shall be in the Superior Court of Santa Barbara.
18. CAPTIONS
The c
aptions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
19. ENTIRE AGREEM
ENT BETWEEN PARTIES
Exce
pt for Service Provider’s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
20. NOTICES
21 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO SERVICE PROVIDER: Allen Williams
Rich and Famous, Inc.
DBA Big Green Cleaning Company
4860
Calle Real
Santa Barbara, CA 93111
21. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
Thi
s Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
22 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
In concurrence and witness where of, this Agreement has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
______
_______________________ ________________________________ Robert Nisbet, City Manager Allen Williams
President
ATTE
ST:
______
______________________ _________________________
Deborah Lopez, City Clerk Joyce Williams
Secretary
APPRO
VED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_______________________________
Winnie Cai, Assistant C ity Attorney
23 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
EXHIBIT A
SCOPE OF WORK
Service Provider shall provide all labor, materials, tools, equipment, disposal fees, and transportation and any other items and services necessary to perform the janitorial services as described in the specifications herein.
FACI
LITY ACCESS AND SECURITY
Service Provider shall be provided with a set of keys, which the Service Provider shall sign for denoting the number and type of key provided. Service Provider is responsible for the keys and agrees not to duplicate them. If additional keys are needed Service Provider shall make a request to the City. Under no circumstances shall Service Provider employees admit anyone to areas controlled by a key in their possession. Service Provider further agrees that the facilities, other than restrooms, shall never be left unattended unless fully locked. Service Provider agrees that failure to fully s ecure the facilities can result in liquidated damages. The City agrees to notify Service Provider in writing when the key for one of the facilities covered by this Agreement has been changed. Upon termination of this Agreement, Service Provider shall return all keys provided by City.
SUPPL
IES AND EQUIPMENT
Service Provider agrees to provide and be responsible for the maintenance of their own equipment, materials, and tools of the trade for cleaning, as required to satisfactorily perform the Scope of Services under this Agreement. Service Provider further agrees that all employees shall be in uniforms that clearly identify them as employees of the Service Provider and shall carry appropriate identification when on duty. All paper products provided by the Service Provider shall meet the City requirements of being at least 30%, by fiber weight, postconsumer recycled content. The Service Provider shall document all products purchased within 30 days of purchasing by certifying in writing, on invoices, or receipts that the products are up to standard (Goleta, California Municipal Code 8.10.900 Procurement Requirements for City Departments, Direct Service Providers, and Vendors. https://library.qcode.us/lib/g
oleta_ca/pub/municipal_code/item/title_8-chapter_8_10-
article_v-8_10_900 ).
The Service Provider shall provide all the supplies and equipment required for cleaning including, but not limited to:
• Plastic trash bags
• Brooms
• Mops
• Towels
• Cleaning brushes
• Cleaning and disinfecting solutions
• Floor cleaners, sealers, and finishers
• Graffiti removal products and tools
• Paper towels
• Toilet tissue
• Liquid soap
24 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
• Liquid sanitizers
• Air fresheners
• Plastic liners for trash cans and receptacles
• Dog sanitary bags, biodegradable
• Feminine sanitary supplies
• Personal Protective Equipment
• Sharps containers
• Shovels, rakes, and scoops
• Carts and dollies
Ser
vice Provider shall report any broken, m alfunctioning, or vandalized equipment or fixtures (including but not limited to heating/air conditioning units, plumbing, and electrical), and shall report any graffiti on City property, to the City’s Public Works Department immediately by telephone at (805) 968- 6843. In the event a City staff person is not available to receive the call, Service Provider shall leave a voice mail message.
SE
RVICE DUTIES AND CHECKLISTS
See the “Service Frequency” table below for days, times, and locations of services.
Park Restroom Services
Parks restrooms shall be opened, cleaned, and sanitized thoroughly every day, including holidays. Any equipment that has been vandalized or needs repair or any graffiti observed, shall be immediately reported to the City Representative. All restroom facilities shall be cleaned, and in operation by 8:00 a.m. every day. Service Provider shall open restrooms as early as 7:00 a.m. if requested by City. Upon opening, restroom doors shall be locked in the open position. If lock is not operable, Service Provider shall notify City Representative immediately.
Park Restroom Services duties shall include:
a. Sweep restroom and remove litter from the interior and exterior of building walkways. Do not sweep into landscaped areas.
b. Empty trash cans and receptacles inside or outside adjacent to the restroom and replace liner(s).
c. S weep and mop floors with cleaner/disinfectant. Dry the floor with a dry mop before opening to the public.
d. Sanitize restrooms doorknobs and light switches.
e. Clean walls and ceiling with cleaner/disinfectant, including tile and grout. f. Remove any offensive odors.
g. Remove spitballs, cobwebs, and other foreign materials and debris form doors, walls, ceilings, partitions, vents, etc.
h. Thoroughly clean, sanitize and polish all urinals, toilets and sinks.
Removing gum, cigarette butts, landscape debris, litter, etc. i. Thoroughly clean all bathroom partitions. Service Provider shall ensure attention to detail on partitions/walls adjacent to urinals, toilets, sinks and hand dryers.
j. Wipe down, sanitize and polish all fixtures, hand dryers, baby changing stations, etc.
25 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
k. Inspect and clean all drinking fountains. Report any clogs or irregularities to the City the same day.
l. Restock all liquid and paper products.
m. Test the functionality of all installed fixtures and report any items that require repair or replacement.
n. Report any graffiti to the City Representative and the Service Provider shall notify the City Representative within one (1) hour of determination, but no earlier than 8:00 a.m. All graffiti shall be documented and photographed before removing. All documentation and photos shall be sent to the City the same day. The Service Provider shall remove all graffiti with graffiti removal products. If the graffiti cannot be fully removed, report to the City for next steps.
o. Any acts of vandalism or theft shall be immediately reported to the City Representative.
p. Service Provider shall lock restroom during periods of inclement (rain) weather, as directed by the City Representative. Service Provider shall open restrooms as weather conditions allow, per the direction of the City Representative.
q. Service Provider shall report all water leaks immediately upon discovery and make every attempt possible to shut water off in such a way that will isolate the leaking fixture until repairs can be completed by City. r. Service Provider shall report all electrical problems, such as damaged building security lights, non-operable hand dryers, etc., to the City Representative immediately upon discovery.
s. When restroom fixtures (i.e., toilets, sinks, urinals, etc.) are determined to be inoperable, Service Provider shall cover said fixture with a black plastic trash can liner, tape close the edges, and immediately notify the City Representative.
t. During inclement weather and upon the direction of the City Representative, Service Provider may be instructed to keep restrooms locked.
u. The Service Provider shall perform any task not specifically mentioned that is reasonably consistent with the purposes and intent of this Scope of Work. If the City’s park opening staff reasonably determine that a parks restroom service was not adequately performed, staff will require the Service Provider to return to the facility within two (2) hours of notification to complete the service, or correct the deficiency.
High Use Reservable Picnic Area Services duties shall include:
a. Clean and wipe down picnic tables, benches, and hangout areas. These areas should not be dirty in between uses.
b. Remove all excess trash around trash cans, picnic tables, benches, gathering and hangout areas, etc. Do not sweep litter into landscaped areas. c. Dispose of trash, recycling, and debris. Replace emptied trash and recycling can liners.
26 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
d. Dispose of all litter in the picnic area(s) even as small as confetti, small papers pieces, wrappers, wrapping paper, etc. Do not sweep into landscaped areas.
e. Dispose of trash and party debris from areas visible from the picnic area(s).
f. Inspect and clean all drinking fountains. Report any clogs or irregularities to the City the same day.
g. The Service Provider shall perform any task not specifically mentioned that is reasonably consistent with the purposes and intent of this Scope of Work. If the City’s park opening staff reasonably determine that a parks restroom service was not adequately performed, staff will require the Service Provider to return to the facility within two (2) hours of notification to complete the service, or correct the deficiency.
High
Use Non-Reservable Picnic Area Services duties shall include:
a. Clean and wipe down picnic tables, benches, and hangout areas. These areas should not be dirty in between uses.
b. Remove all excess trash around trash cans, picnic tables, benches, gathering and hangout areas, etc. Do not sweep litter into landscaped areas. c. Dispose of trash can liners and party debris. Replace emptied trash can liners.
d. Dispose of all litter in the picnic area(s) even as small as confetti, small papers pieces, wrappers, wrapping paper, etc. Do not sweep into landscaped areas.
e. Dispose of trash and party debris from areas visible from the picnic area(s).
f. Inspect and clean all drinking fountains. Report any clogs or irregularities to the City the same day.
g. The Service Provider shall perform any task not specifically mentioned that is reasonably consistent with the purposes and intent of this Scope of Work. If the City’s park opening staff reasonably determine that a parks restroom service was not adequately performed, staff will require the Service Provider to return to the facility within two (2) hours of notification to complete the service, or correct the deficiency.
Additional Services duties shall include:
a. Remove cobwebs and debris from the exterior of the building including doors, window frames, privacy fencing and the underside of the roof eves. b. Clean and sanitize playground equipment, leaving it dry. c. Clean, sanitize, and wipe down the outside of all trash cans. If trash can receptacles are dirty on the inside, fully clean and wipe them down. Remove any bad smells.
d. Deep clean picnic tables and other park amenities, excluding restrooms. 27 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
e. Pressure washing of the interior of the bathrooms including walls, partitions, fixtures, floors, and base coves. Wastewater to be recovered and disposed of per County Ordinance.
f. The Service Provider shall perform any task not specifically mentioned that is reasonably consistent with the purposes and intent of this Scope of Work. If the City’s park opening staff reasonably determine that a parks restroom service was not adequately performed, staff will require the Service Provider to return to the facility within two (2) hours of notification to complete the service, or correct the deficiency.
Dog Sanitary Bag Station services shall include:
a. Inspection and refilling of all dog sanitary bag stations. b. The Service Provider shall report any changes, damages, or concerns with any stations to the City.
c. Currently, the City uses approximately 300,000 biodegradable bags a year by the brand BioBag in the standard size. The Service Provider shall use this brand, or a City approved equal.
PARK FACI
LITY OPENING
Service Provider shall unlock and open park restrooms daily, seven (7) days a week, including holidays, according to the scheduled times listed herein. Upon opening, facilities shall be locked in the open position. If lock is not operable, Service Provider shall notify City Representative immediately. Service Provider shall immediately report any broken or vandalized equipment or graffiti to the City Representative.
SPECIAL
REQUEST CLEANING AND ON-CALL SERVICES
In addition to the schedule tasks specified above, the City may request additional services to be completed on an hourly basis. Such requested services shall be negotiated on a case by case basis. Costs shall be at the hourly rates listed in the Schedule of Fees provided by the Service Provider when applicable, or as otherwise negotiated with the City Representative. The minimum hourly rates will be in accordance with the prevailing wages set in California. Such additional services may include:
• Additional Park Restroom Services, High Use Reservable Picnic Area Services, and High Use Non-Reservable Picnic Area Services • Additional Janitorial Services as necessary to support special projects • High priority incidents that require a one (1) hour clean up response time such as removing hypodermic needles, feces, blood, etc. • Removal of illegally dumped furniture, electronics, and other items in parks, open spaces, and other public right of ways
• Removal of abandoned encampments
o Encampment cleanups will be the standard hourly rate
o Encampment cleanup waste will be weighed and sent to the City’s representative for their records after every incident
28 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
Service Provider may charge the City a maximum 15%
markup fee associated with the dump fee processing and
submit the processing documents to the City
PAYMEN
TS
Invoices will be submitted via email to the City of Goleta’s Finance Department at:
[email protected]
Attn: Accounting Department
Service Provider shall copy [email protected] in the invoice email.
Serv
ice Provider shall submit a standard amount monthly invoice listing each site serviced and any additional services charged at the hourly rate provided by the Service Provider .
If t
he City determines that there are deficiencies in the performance of this contract, the Service Provider will be notified both verbally and in writing each time service requirements are found to be unsatisfactory and corrective action is necessary. Should the Service Provider fail to correct any deficiencies within two hours, the City may exercise the following measures:
• Deduct from the Service Provider ’s payment the amount necessary to correct the deficiency.
• Withhold the entire or partial payment.
• Utilize City forces or alternate source to correct the deficiency and deduct from the Service Provider ’s payment the total cost, including City overhead.
SERVIC
E ADJUSTMENTS
The City reserves the right to increase or decrease the services as needed. Services and fees for new facilities shall be added at the average rate per square foot for a comparable facility at the time of the addition. The Project Manager will give the Service Provider notice of any change in services in writing and services rendered by Service Provider as a result shall be subject to the terms and conditions of this Agreement.
Serv
ice Frequency for Each Park
Table 1. Service Type and Frequency. The areas listed below to be cleaned according to the scope in this document at the described frequency.
Service Type/Area Frequency/Timing Park(s)/Locations
Park restrooms 7 days a week,
9pm – 8am
• Jonny D Wallis Park
• Stow Grove Park
• Amtrak Station
High use reservable
picnic areas
7 days a week,
7:30am – 9:30am
• Jonny D Wallis Park
• Stow Grove Park
High use non-
reservable picnic
areas
7 days a week,
7:30am – 9:30am
• Ellwood Parking Lot
• San Miguel Park
• Andamar Park
• Winchester II Park
• Nectarine Park
29 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
• Evergreen Park
• Lake Los Carneros Parking Lot
and Open Space
Additional services One day every two
weeks,
7:30am – 11:30am
• Andamar Park
• Armitos Park
• Armstrong Park
• Bell Vista I and II Parks
• Berkeley Emerald Terrace Tennis
Courts
• Evergreen Acres Park
• Goleta Valley Community Center
Multi-Purpose Field
• Jonny D Wallis Park
• Mathilda Park
• Nectarine Park
• San Miguel Park
• Santa Barbara Shores Park
• Stow Canyon Open Space
• Stow Grove Park
• Winchester II Park
On call services As needed • All Parks, Open Spaces,
Facilities, and Public Right Of
Ways
Dog sanitary bag
stations, including
number of stations at
each site
Monday and Friday,
every week
• Jonny D Wallis Park (1)
• Armitos Park (1)
• Armstrong Park (1)
• UCSB’s North Campus (1)
• Mathilda Park (1)
• Santa Barbara Shores (1)
• Pebble Beach Drive (1)
• Ellwood Parking Lot (1)
• University Village (3)
• Winchester II Park (1)
• San Miguel on Rio Vista Drive (1)
• Corner of Cathedral Oaks at
Winchester (1)
• Corner of Cathedral Oaks at
Ellwood Ridge Road (1)
• 99 San Pesaro Drive (1)
• 7504 Padova Drive (1)
• Evergreen Park (2)
• Bella Vista Park (1)
• Bella Vista Open Space (1)
• 6227 Stow Canyon Road – Stow
Open Space (2)
30 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
• Lake Los Carneros (4)
• Stow Grove Park (4)
• La Goleta Open Space (1)
• Andamar Park (1)
• Berkeley Park – Emerald Terrace
(2)
• Stow Tennis (2)
• End of Berkeley Road (1)
• 5 new locations to be determined
31 City of Goleta
Parks and Open Spaces Agreement with Rich & Famous, Inc., DBA: Big Green Cleaning Company
EXHIBIT B
SCHEDULE OF FEES
Service Type: Frequency: Monthly Fee:
Park
Restrooms 7 days per week $ 5,436.00
High us
e reversable picnic areas 7 days per week $ 3,838.00
High us
e non-reservable picnic areas 7 days per week $ 5,057.00 Additio
nal Services Once every 2 weeks $ 2,167.00
Dog Sani
tary Bag Stations Twice per week $ 2,167.00
Consumable Supplies:
Dog Sa
nitary Bags $ 2,200.00
All other supplies $ 2,420.00
____________________________________________________________________ Tot
al of all services $23,285.00
On Cal
l Services 7 days per week $45.00 per hour
32 ATTACHMENT 3
Amendment Nos. 4, 3, 2, 1 to General Services Agreement No. 2018-089 and General Services Agreement
No. 2018-089 with Rich & Famous, Inc.
33 City of Goleta
Amendment No. 4 to Agreement No. 2018-089
AMENDMENT NO. 4
TO A GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RICH & FAMOUS, INC.
dba BIG GREEN CLEANING COMPANY
This Amendment No. 4 to the GENERAL SERVICES Agreement by and between the City of Goleta, a municipal corporation (“City”) and RICH & FAMOUS, INC. dba BIG GREEN CLEANING COMPANY (“Service Provider) dated September 19, 2018 (“Agreement,” Agreement No. 2018-089) is made on this 15th day of June, 2021.
RECITALS
WHEREAS, this Agreement is for janitorial services for Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park and contained a not-to-exceed amount of twenty-two thousand seven hundred four dollars ($22,704); and
WHEREAS, on March 21, 2019, the Agreement was amended to provide additional compensation in the amount of four thousand eighty dollars ($4,080) for additional janitorial services at Jonny D. Wallis Park (“Amendment No.1”) for a new not to exceed of twenty-six thousand seven hundred eighty-four dollars ($26,784) and amend Exhibit A to add Jonny D. Wallis Park as a location for janitorial services; and (“Amendment No.1”); and
WHEREAS, on June 4, 2019, the Agreement was amended to provide additional compensation and fifty-five thousand eight hundred seventy-two dollars ($55,872) for continued janitorial services at Jonny D. Wallis Park (“Amendment No. 2”) for a new not to exceed amount of eighty-two thousand six hundred fifty-six dollars ($82,656) and the term of the Agreement was extended to June 30, 2020; and
WHEREAS, on October 6, 2020, the Agreement was amended to provide additional compensation and fifty-five thousand six hundred thirty-two dollars ($55,632) for continued janitorial services at Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park (“Amendment No.3”) for a new not to exceed amount of one hundred thirty-eight thousand two hundred eighty-eight dollars ($138,288) and the term of the Agreement was extended to June 30, 2021; and
WHEREAS, the Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed amount one hundred thirty-eight thousand two hundred eighty-eight dollars ($138,288); and
WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of $60,000 for continued janitorial services at Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park; and
34 City of Goleta
Amendment No. 4 to Agreement No. 2018-089
WHEREAS, the Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and
WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2022; and
WHEREAS, the Agreement currently provides in Exhibit B-3 entitled “Compensation” the hourly rates for Service Provider; and
WHEREAS, the parties desire to amend Exhibit B-3 of the Agreement to identify the new weekly and monthly rates, attached as “Exhibit B-4”; and
WHEREAS, the City Council approved this Amendment No. 4, on this 15th day of June, 2021.
AMENDED TERMS
Now therefore City and Service Provider agree as follows that the Agreement be, and hereby is, amended as follows:
1. Section 2. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of sixty thousand dollars ($60,000) and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to the SERVICE PROVIDER, by the City, for any and all services under this AGREEMENT SHALL NOT EXCEED the sum of one hundred ninety-eight thousand two hundred eighty-eight dollars ($198,288) (herein “not-to-exceed amount”) and shall be earned as the work progresses.
(b) Payment. All payments shall be made within 30 days after the Service Provider has provided the City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to the City's Project Manager.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional year to read in its entirety.
The term of this Agreement is from the date first written above to June 30, 2022, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
SERVICE PROVIDER shall not commence work on the services to be performed until (i) SERVICE PROVIDER furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
35 City of Goleta
Amendment No. 4 to Agreement No. 2018-089
3. This Agreement is amended to delete and replace in its entirety:
Exhibit B-3 “Compensation” with Exhibit B-4 “Compensation” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 4 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER
____________________________ ______________________________ Michelle Greene, City Manager Allen Williams, President
A T T E S T :
_____________________________ ______________________________ Deborah Lopez, City Clerk Joyce Williams, Secretary
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
36 City of Goleta
Amendment No. 4 to Agreement No. 2018-089
Exhibit B-4
Compensation
1. Stow Park, 580 N. La Patera Lane:
Services provided seven days per week to both bathrooms and weekly pressure washing services. $1,360.00 per month.
2. Amtrak Station, 25 S. La Patera Lane:
Services provided seven days per week to both bathrooms. and weekly pressure washing services. $ 634.00 per month.
3. Jonny D. Wallis Park, 170 S. Kellogg Avenue:
Services provided seven days per week to both bathrooms and weekly pressure washing services. Morning gate opening, emptying all trash receptacles, cleaning all picnic tables and Cleaning the ash from around the fire pits [barbecue grills]. $2,642.00 per month.
Total of all Services. $4,636.00 per month.
37 AMENDMENT NO. 3
TO A GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RICH & FAMOUS, INC.
dba BIG GREEN CLEANING COMPANY
This Amendment No. 3 to the GENERAL SERVICES AGREEMENT by and between the City of Goleta, a municipal corporation (“City”) and RICH AND FAMOUS, INC. dba BIG GREEN CLEANING COMPANY (“Service Provider) dated September 19, 2018 (“Agreement,” Agreement No. 2018- 089) is made on this 5th day of N ovember, 2020.
RECITALS
WHEREAS, this Agreement is for janitorial services for Goleta Amtrak Station, Stow Grove Park, and Jonny D. Wallis Park and contained a not-to-exceed amount of twenty-two thousand seven hundred four dollars ($22,704); and WHEREAS, on March 21, 2019, the Agreement was amended to provide additional compensation in the amount of four thousand eighty dollars ($4,080) for additional janitorial services at Jonny D. Wallis Park (“Amendment No.1”) for a new not to exceed of twenty-six thousand seven hundred eighty-four dollars ($26,784) and amend Exhibit A to add Jonny D. Wallis Park as a location for janitorial services; and WHEREAS, on June 4, 2019, the Agreement was amended to provide additional compensation in the amount of fifty -five thousand eight hundred seventy-two dollars ($55,872) for continued janitorial services at Jonny D. Wallis Park (“Amendment No. 2”) for a new not to exceed amount of eighty-two thousand six hundred fifty -six dollars ($82,656) and the term of the Agreement was extended to June 30, 2020; and WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of fifty-five thousand six hundred thirty-two dollars ($55,632) for continued janitorial services; and
WHEREAS, the Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2020; and
WHEREAS, the parties desire to retroactively amend the Agreement so as to extend the termination of the Agreement to June 30, 2021; and
WHEREAS, the Agreement currently provides in Exhibit B -2 entitled “Compensation” the hourly rates for Service Provider; and WHEREAS, the parties desire to amend Exhibit B -2 of the Agreement to identify the new weekly and monthly rates, attached as “Exhibit B-3”; and City of Goleta
Amendment No.3 to Agreement No. 2018-089
DocuSign Envelope ID: DC97F55E-9D2F-413F-9704-DF2AEB3E6E8B 2018-089.3
38 WHEREAS, the Agreement did not provide for the Agreement or any amendments to be executed in counterparts by facsimile or electronic mail; and
WHEREAS, the parties desire to amend the Agreement to allow for execution of the Agreement and amendments by facsimile and electronic mail in order to expedite the finalization of the agreements; and
WHEREAS, the City Council, on this 5 th day of N ovember, 2020, approved this Agreement and authorized the City Manager to execute the Agreement.
AMENDED TERMS
Now therefore City and SERVICE PROVIDER retroactively agree that the Agreement be, and hereby is, retroactively amended as if it was approved on June 30, 2020, as follows:
1. Section 2. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of fifty -five thousand six hundred thirty -two dollars ($55,632) and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to the SERVICE PROVIDER, by the City, for any and all services under this AGREEMENT SHALL NOT EXCEED the sum of one hundred thirty-eight thousand two hundred eighty- eight dollars ($138,288) (herein “not-to-exceed amount”) and shall be earned as the work progresses.
(b) Payment . All payments shall be made within 30 days after the Service Provider has provided the City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to the City's Project Manager.
(c) Services Previously Rendered . It is understood and acknowledged by the parties hereto Service Provider has commenced the services described in this Agreement in anticipation of the full execution of this Agreement by the parties.
City agrees to compensate Service Provider pursuant to the terms set forth in this Agreement for those previous services performed by Service Provider that City determines are wholly consistent with the services that are to be performed and provided by Service Provider under this Agreement.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional year to read in its entirety.
The term of this Agreement is from the date first written above to June 30 , 2021, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
City of Goleta
Amendment No.3 to Agreement No. 2018-089
DocuSign Envelope ID: DC97F55E-9D2F-413F-9704-DF2AEB3E6E8B 39 SERVICE PROVIDER shall not commence work on the services to be performed until (i) SERVICE PROVIDER furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit B-2 “Compensation” with Exhibit B-3 “Compensation”attached hereto and incorporated herein.
4. Section 19. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES of the Agreement is added to include counterparts and electronic/facsimile signatures as follows:
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
5. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA SERVICE PROVIDER ____________________________ ______________________________ Michelle Greene, City Manager Allen Williams, President ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Joyce Williams, Secretary
City of Goleta
Amendment No.3 to Agreement No. 2018-089
DocuSign Envelope ID: DC97F55E-9D2F-413F-9704-DF2AEB3E6E8B 40 APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
City of Goleta
Amendment No.3 to Agreement No. 2018-089
DocuSign Envelope ID: DC97F55E-9D2F-413F-9704-DF2AEB3E6E8B 41 Exhibit B-3
Schedule of Fees
1. Stow Park, 580 N. La Patera Lane:
Services provided seven days per week to both bathrooms and weekly pressure washing services. $1,360.00 per month.
2. Amtrak Station, 25 S. La Patera Lane:
Services provided seven days per week to both bathrooms. and weekly pressure washing services. $ 634.00 per month.
3. Jonny D. Wallis Park, 170 S. Kellogg Avenue:
Services provided seven days per week to both bathrooms and weekly pressure washing services. Morning gate opening, emptying all trash receptacles, cleaning all picnic tables and Cleaning the ash from around the fire pits [barbecue grills]. $2,642.00 per month.
Total of all Services. $4,636.00 per month.
City of Goleta
Amendment No.3 to Agreement No. 2018-089
DocuSign Envelope ID: DC97F55E-9D2F-413F-9704-DF2AEB3E6E8B 42 43
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