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Agenda packet

Poway City Council
May 17, 2022

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Agenda packet
Meeting
May 17, 2022
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Poway City Council
Pages
12
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SECTION 1: The City Council finds that the adoption of this Resolution is not subject to the requirements of the California Environmental Quality Act (CEQA) Guidelines.

SECTION 2: The foregoing recitals are true and correct.

SECTION 3: The following list of proposed projects will be funded in-part or solely with FY 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project: FY 2022-23 Street Maintenance Project
Description: Annual Street Maintenance project which includes the slurry sealing of residential, collector, and arterial streets.

Location: The 2022-2023 Street Maintenance is part of the City's Annual Pavement Management Program. Streets are located within Zone 5, which encompasses residential and arterial streets including Poway Road and Community Road.

Estimated Useful Life: 8 years
Project Schedule: July 2022 -September 2022
SECTION 4: The City has no previously proposed and adopted projects that will utilize FY 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of May, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
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May 17, 2022, Item #12
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
May 17, 2022
Honorable Mayor and Members of the City C~ncil
Eric Heidemann, Director of Public Works '[

CITY COUNCIL
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Award of Agreement with NMS Management, Inc. for Janitorial Services; RFP No. 22-020
A request for proposals (RFP) for Janitorial Services, RFP No. 22-020, was duly advertised on February 10 and February 17, 2022. Seven (7) proposals were received and opened on March 22, 2022. Staff reviewed the proposals submitted and selected NMS Management, Inc. as the company providing the best value to provide comprehensive janitorial services for the City of Poway (City). Staff determined NMS Management, Inc. to be responsive and qualified to provide these services. The term of the agreement is approximately one (1) year beginning July 18, 2022, through June 30, 2023, with four (4) one-year extensions.

Recommended Action:

It is recommended the City Council award the agreement for janitorial services to NMS Management, Inc. and authorize the City Manager to execute any necessary documents.

Discussion:

The City contracts for daily cleaning and janitorial services for 30 City facilities and park restrooms covering approximately 151,261 square feet. Among the 30 City facilities serviced are: City Hall, Mickey Cafagna Community Center, Public Works Administration, Library, Poway Center for Performing Arts, Water Treatment Plant, three (3) fire stations, and restrooms at 12 parks.

On February 10 and February 17, 2022, staff duly advertised an RFP for janitorial services. The RFP was advertised on the City's website, online bid portal and in the local newspaper. Mandatory pre­ proposal meetings were held on March 2 and March 3, 2022, and attended by eight (8) companies.

On March 22, 2022, the City received seven (7) proposals. A cost summary of the proposals received is provided in Table 1 on the following page.
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May 17, 2022, Item #12
Table 1: Janitorial Services Proposal Summary
Company Proposal Amount
T& T Janitorial, Inc. $442,630.00
NMS Management, Inc. $482,082.53
Base Hill, Inc. $514,232.19
Aztec Janitorial $579,689.00
Allied Universal Janitorial $595,750.47
Nova Commercial $622,955.33
MEK Enterprises, Inc. $1,042,988.39
The costs included in the "Proposal Amount" include the proposer's submitted yearly costs to service 30 City facilities and parks restrooms, including comprehensive janitorial services (e.g. cleaning of office areas, restrooms and conference rooms; dusting; vacuuming; carpet cleaning; trash and recycling removal, etc.), special event assistance for the Poway Center for Performing Arts and the Mickey Cafagna Community Center, and acid washing of tile in four (4) facilities. In addition, the RFP included the hourly rates for as-needed COVID-19 extra cleanings and COVID-19 emergency response cleanings.

The proposals received were independently reviewed and scored by a review panel consisting of three (3) City staff members. The top three (3) companies were then invited for interviews as part of the selection process. The interviews were held on April 6 and April 8, 2022. Each interview was scheduled for 60 minutes and consisted of a question-and-answer discussion with 17 questions prepared by the review panel. The questions provided each company the opportunity to provide additional details on their company covering the topics of technical expertise, employee training and staffing, and quality control measures.

Following the selection interviews, the panel determined NMS Management, Inc. offered the best overall value to provide the comprehensive janitorial services the City is seeking. The City requested a best-and-final offer, and NMS Management, Inc. was able to reduce their initial proposal by $7,325, without compromising the level and quality of services. Under the agreement, NMS Management, Inc. will be providing daily and weekly deep cleaning services in accordance with industry standards.

NMS Management, Inc. was founded in 1985 and has been providing janitorial services for over 37 years, cleaning over four (4) million square feet daily throughout San Diego County. NMS Management, Inc. has several public sector customers, including the City of El Cajon, San Diego County Administration Center and San Diego Unified Port District and understands the importance of customer service and the impact cleanliness has on City staff, residents, and the City's assets.

The annual cost of services for the current janitorial agreements totals $331,394.34. While the overall cost of services in the proposed agreement has increased $150,688.19 in comparison to the current agreements, additional cleanings for parks restrooms and quality control measures were included in this RFP. For quality control tracking and reporting, NMS Management, Inc. utilizes CleanTelligent Software. Routine quality control inspections are performed by management personnel and directly entered in the software. Results are shared internally amongst managers, supervisors and employees to ensure quality cleanings, and NMS Management, Inc. utilizes the inspection results to focus on areas requiring additional internal training. City staff will also have access to the software and receive daily reports and inspection results. This will increase efficiencies and provide monitoring of the services being performed.
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May 17, 2022, Item #12
It is important to note this agreement is a performance-based agreement and allows City staff the ability to subtract fees from the monthly payment for non-performance issues. The agreement also allows cleanings to be added or subtracted based on the staffing and operational needs of each facility. For example, if a facility is closed to the public, a baseline level of cleaning and sanitation is still required for the health and safety of City staff. The length of the agreement is for one year beginning July 18, 2022, through June 30, 2023, with an option to extend the agreement for four (4) separate one-year terms. Extensions are subject to Council appropriation of funds and mutual agreement by both parties. The maximum length of the agreement would be up to five (5) years.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

Sufficient funds are available in the: Performing Arts Center Division (204020-41400); Library Division (206020-41400); and Facilities Maintenance Division (415010-41400) Fiscal Year 2022-23 budget to be considered by City Council. The agreement with NMS Management, Inc. will be awarded upon adoption of the proposed budget. Funds for subsequent fiscal years will be included in the annual budget process for City Council consideration.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/ Approved By:

Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch.

City Manager
May 17, 2022, Item #12
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of July, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and NMS Management, Inc. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to provide janitorial services for various City facilities (Project); WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of38 ATTACHMENT A
May 17, 2022, Item #12
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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May 17, 2022, Item #12

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

May 17, 2022, Item #12
DISCLOSURE DETERMINATION:

C8] 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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May 17, 2022, Item #12

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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May 17, 2022, Item #12
(e)
Contractor shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
1 S(a)
through
(e)
above
shall
not
be
construed to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.

17. Contractor
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.

Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
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May 17, 2022, Item #12

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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May 17, 2022, Item #12

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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May 17, 2022, Item #12
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:---------­
Chris Hazeltine, City Manager
Date: -----------
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

NMS Management, Inc.

By:-------------­
David M. Guaderrama, Director of
Business Development
Date: ------------
By:------------­
Alan Fenstermacher, City Attorney
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May 17, 2022, Item #12
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Contractor agrees to provide janitorial services as required by City, further described in the Scope of Services which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on April 14, 2022, which is included in this document as Attachment

2. Total fee is not to exceed $482,082.53 per year plus amounts designated for as­ needed services not to exceed the City's adopted fiscal year operating budget for janitorial services. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing July 18, 2022, and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four (4) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
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May 17, 2022, Item #12
D.

Contractor's
Insurance.

1. Coverages: Contractor
shall
obtain and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability,
including
premises-
operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:

General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$5,000,000
combined
single
limit.
(c)
Workers'
Compensation
insurance
in
statutory
amount.

All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance.

2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.

It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."

3. Insurance
Certificates:

Contractor
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
14 of
38 May 17, 2022, Item #12
E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
15 of 38
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
NMS Management, Inc.
155 West 35th Street, Suite A
National City, CA 91950
(Remainder of page intentionally left blank)
May 17, 2022, Item #12

ATTACHMENT
1 SCOPE
OF

SERVICES

1. Purpose:

The
Contractor
shall
provide
comprehensive
janitorial
services
for
City
of
Poway
facilities.

All
equipment
and
materials
necessary
to
perform
these
services
shall
be
furnished
at
the
Contractor's
expense.

A
list
of
materials
used
in
the
performance
of
the
Agreement
shall
be
given
to,
and
approved
by
the
Contract
Specialist/Inspector
prior
to
use.

2. Scheduling:

Work
shall
be
done
to
allow
for
the
least
disturbance
to
any
City
facility
(entering
facilities
once
City
staff
have
vacated
the
facility(s),
except
where
special
services
are
required
to
support
a
City
function).

Work
shall
be
performed
according
to
the
following
schedules:

Daily
(Monday
through
Friday):

AREA
A
(After
7 p.m.):
•
Fire
Station
1 -
Downstairs
Classroom
and
Restrooms
AREAE
(Between
5 p.m
. -
8 p.m.,
excluding
holidays):
•
Public
Works
Water
Treatment
Plant
(After
7 p.m.):
•
Lake
Poway
Pavilion
•
Lake
Poway
Entry
Booth
(After
7 p.m.):
•
Fire
Station
3 AREAi
16 of
38 (Per
schedule
given
2 weeks
prior
to
the
start
of
the
month)
•
Poway
Center
for
the
Performing
Arts
May 17, 2022, Item #12
Daily {Monday through Friday, except dark Fridays):

AREA A
(After 7 p.m.):
• City Hall Administration -First Floor, Second Floor
-Additionally, patio cleaning on Mondays, Wednesdays, and working Fridays
• City Council Chambers
-Only cleaned Monday, Tuesday, and Thursday. MUST be cleaned after 10 p.m. on Tuesdays.

AREAE
(After 7 p.m.):
• Public Works Administration
• Public Works Operations Center
• Public Works Vehicle Maintenance
Daily {Monday through Sunday):

AREAS
(After 10 p.m. Monday through Thursday. After 12:30 a.m. Friday through Sunday)
• Mickey Cafagna Community Center
(Between 12 p.m. -4 p.m.)
• Community Park Ball Field Restrooms
• Community Park Skateboard Park Restrooms
(After 9 p.m.)
• Community Park Pool
AREAC
(After 7 p.m.):
• Poway Library
AREAD
17 of 38
(After 9 p.m. Monday through Thursday. After 11 p.m. Friday through Sunday) • Old Poway Park Admin Office
• Old Poway Park Templar's Hall
(Between 12 p.m. -4 p.m.)
• Old Poway Park Restrooms
• Aubrey Park Restrooms
May 17, 2022, Item #12
AREAE
(Between 12 p.m. -4 p.m.):
(Between 12 p.m. -4 p.m.):
• Lake Poway Restrooms
• Lake Poway Concession Restrooms
(After 7 p.m.):
• Lake Poway Administration, Parks & Landscape Shop
AREAF
(July & August. After 10 p.m.):
• Twin Peaks Multi-Purpose Gymnasium
AREAG
(July & August. After 10 p.m.):
• Meadowbrook Multi-Purpose Gymnasium
(Between 12 p.m. -4 p.m.)
• Arbolitos Sports Field Restrooms
AREA J:
(Between 12 p.m. -4 p.m.)
• Hilleary Park Restrooms
• Silverset Park Restrooms
• Starridge Park Restrooms
AREA K:
(Between 12 p.m. -4 p.m.)
• Iron Mountain Restrooms
• Garden Road Restrooms
AREAL:
(Between 12 p.m. -4 p.m.)
• Valle Verde Park Restrooms
Tuesday:

AREAH
(After 7 p.m.):
• Material Handling Yard -Household Hazardous Waste Building 18 of 38
May 17, 2022, Item #12
Tuesday and Thursday:

AREAH
(After 7 p.m.):
• Materials Handling Yard -Public Works Lounge
Saturday and Sunday:

AREAD
(Between 12 p.m. -4 p.m.)
• Old Poway Park Train Depot Restroom
AREAF
(January through June & September through December. After 10 p.m.):
• Twin Peaks Multi-Purpose Gymnasium
AREAG
(January through June & September through December. After 10 p.m.):
• Meadowbrook Multi-Purpose Gymnasium
Semi-Weekly Special Scheduling: In preparation for a bingo event held at the Mickey Cafagna Community Center, the following additional assistance and cleaning shall be provided:
• Bingo Table Set-up -Saturday and Monday night
• Bingo Table Take-down and Cleaning
-Tuesday 4:00 p.m. -4:45 p.m. in preparation for facility use at 5:00 p.m. -Sunday 5:00 p.m. -5:45 p.m. in preparation for facility use at 6:00 p.m. *Note: See the Facilities List for the address of each location

3. Service Specifications:

A. GENERAL SERVICES: All work is to be completed each time the facility is scheduled to be cleaned -All Facilities, All Visits (Excluding Park Restroom Locations).
• The contents of each wastepaper basket (small black cans) shall be emptied in a mobile trash container, of a type approved by the Director of Public Works. The mobile container shall be brought into each room and each wastebasket shall be dumped directly into it, not transported across the room to it.
• Large trash containers shall be removed and transported in a manner as to not have their contents leak on the floor and shall be disposed of in a designated trash dumpster. Trash will not be dragged at any time. Each wastebasket/trash 19 of 38
May 17, 2022, Item #12
can, shall be damp wiped clean, lined with a suitable sized plastic bag of sufficient durability and thickness to prevent liquids from leaking through the bag, and replaced in its original position. Collected trash shall be disposed of in designated trash dumpsters.
• Commingled recycled bins, located at individual workstations and near large shredder machines, shall be lined with an appropriate liner. Contents only (not liner) shall be dumped into a separate mobile trash container (NOT TO BE MIXED WITH TRASH). Whenever a liner is determined to be dirty, it shall be replaced, with the old liner being put in the TRASH container. ALL RECYCLED

MATERIALS ARE TO BE PLACED IN THE DESIGNATED RECYCLING
CONTAINER LOCATED OUTSIDE EACH FACILITY.
• If organic bins are present at the facility, contents of the bin and liner shall be dumped into a separate mobile trash container (NOT TO BE MIXED WITH TRASH). ALL ORGANIC MATERIALS ARE TO BE PLACED IN THE

DESIGNATED ORGANIC CONTAINER LOCATED OUTSIDE EACH
APPLICABLE FACILITY.
• The City shall provide trash, organic, and recycling containers and shall be responsible for the maintenance and regular emptying under a separate franchise. The janitorial Contractor shall be responsible for ensuring that any spillage shall be cleaned up immediately. The Contractor shall keep the area around the container clean and sanitary at all times. Meadowbrook Gym.

Twin Peaks Gym. Aubrey Park, Templars Hall, Old Poway park Admin.

Old Poway Park Restrooms and the Train Depot do not have a dumpster area tor City use to dump trash. Trash must be hauled to either the Lake Poway or Community Park dumpsters.
• Building occupants are notified by the Director of Public Works that anything placed in the wastebasket or recycling bins are considered disposable and will be removed as such. It shall not be the responsibility of the Contractor to retrieve any items mistakenly placed in these receptacles. • All drinking fountains shall be thoroughly washed with a germicidal solution, removing all lime deposits, rust, and debris (No scouring powder or abrasive shall be used).
• Interior stairwells, landings, and lower and upper lobbies shall be swept clean of all dust, dirt, and debris and wet mopped with an approved neutral cleaner.

Each handrail, rail base, and fixtures shall be dusted and all walls and doors spot cleaned. Foreign matter, such as gum, shall be removed. • All lobbies shall be swept clean of dust, dirt, and debris and wet mopped with an approved neutral cleaner (if tile or vinyl) or vacuumed. • Handrails, rail bases, and fixtures, shall be dusted and all walls, doors, jambs, door frames, and kick plates, windowsills, ledges and light switches shall be spot cleaned to remove smudges and stains, taking care to use an appropriate cleaner on all wall surfaces so as not to remove or discolor paint, and cause holes in wall coverings. All foreign matter shall be removed. • Clean and polish all hardware, metal fixtures, bright work, hand plates, door knobs, walls, door facings, light switches, receptacle covers. • Wipe clean all countertops.
• Damp clean conference tables at all Facilities.
• All surfaces and objects in the building(s) shall be cleaned by dusting and/or 20 of 38
May 17, 2022, Item #12
vacuuming. This includes table tops, wooden chairs, counters, wood shelving including all exposed book shelving, all wood sides and tops of bookshelves, carousel cases, the flat surface around fish tank (Library) not the tank itself, vertical surfaces (knee wells, chair rungs, table legs, etc.), all rails, cabinets. • All cobwebs shall be removed.
• All carpeting shall be cleaned using the manufacturer's recommendation or by extraction if no manufacturer's recommendation has been provided, following a schedule approved by the Director of Public Works as to not interfere with daily or evening activities. Carpet traffic lanes and soiled areas shall be pre­ treated to loosen soil build-up to assist in the overall cleaning to bring carpets back to a clean, uniform appearance. The pre-treatment used shall not leave a sticky residue or attract new soil. Extraction: Cleaning of carpets shall be done using an extraction method, or as recommended by the manufacturer. Carpets shall be dried by the next business day.
• Clean and disinfect all desk telephones.
• Doors and windows shall be secured and alarmed. Any doors or windows not found secured shall be reported to the Contractor Specialist/Inspector by 8:00 a.m. the following work day, noting location.
• Report plumbing leaks or clogs, and/or any other unusual problems found in or outside the buildings.Turn off all lights and set all alarms prior to exiting each facility.

Performing Arts Center Only:
• Empty trash can in shop area behind Stage. No other work to be done in shop area. • Clean all elevator doors metal trim, thresholds, walls. Vacuum all elevator carpets and spot clean, if needed. Vacuum and clean floor channels on all elevator doors
City Hall Only:
• Clean all elevator doors metal trim, thresholds, walls. Vacuum all elevator carpets and spot clean, if needed. Vacuum and clean floor channels on all elevator doors
B. FACILITY RESTROOMS AND LOCKER ROOMS: All Facilities, All Visits (other than flooring, unless specified)
• Wash and disinfect all basins, urinals, lavatories (toilets), counter tops, faucets, showers, partitions, soap dispensers, and bowls nightly, with approved cleaning/disinfectant/germicidal solution, removing scale, lime deposits, and stains, from all fixtures -cleaning underside of rims of urinals and toilets; toilet bowls, sides, toilet seats, toilet bottoms, and piping. All areas shall be wiped dry and spotless. An approved scouring powder may be used on porcelain fixtures to remove stubborn stains and shall not be used on chromium and stainless-steel fixtures.
• Wipe clean all restroom fixtures.
• Chromium and stainless-steel fixtures, faucets, sinks, towel and/or soap dispensers, and shower stems shall be polished and dried with a wiping cloth leaving the fixtures free of stains and streaks.
• All cobwebs shall be removed from park restroom locations. • Pool, Operations, City Hall, & Iron Mt. Restrooms locker room ceramic 21 of 38
May 17, 2022, Item #12
tile
floor
and
walls,
enamel
surfaces,
toilet
and
shower
compartment
partitions
shall
be
washed
and
scrubbed
with
disinfectant/germicidal
solution
removing
all
grime,
graffiti,
algae
and/or
mold
and
wiped
dry.
•
Iron
Mt.

Restrooms
do
not
have
water
on
site.

Must
be
power
washed
Mondays
and
Fridays,
in
addition
to
general
cleaning.
•
Lake
Poway/Concession
Restrooms
will
be
hosed
and
squeegeed
out
once
a
week
on
Monday
evenings.
•
Community
Park
Ballfield
Restrooms
will
be
hosed
and
squeegeed
each
time
of
service.
•
Spot
clean
(including
the
removal
of
all
foreign
substances,
such
as
gum
or
tar),
dust
or
sweep,
and
wet
mop
with
disinfectant/germicidal,
all
partitions,
tile
walls,
ledges
and
baseboards
to
eliminate
stains,
odor,
encrustation,
alkaline
deposits,
and
soap
spills.
•
Sweep
and
mop
all
restroom
flooring
(All
Facilities).
•
At
the
Performing
Arts
Center
when
the
facility
has
double
performances,
as
time
permits,
sweep
and
mop
restroom
flooring
ensuring
that
the
floor
must
be
dry
by
next
performance.
•
Traps,
drains,
and
fixtures
shall
be
wiped
clean
and
maintained
free
from
foreign
substances,
hair
and
odors,
at
all
times.
•
Clean
and
polish
all
restroom/locker
room
mirrors
free
of
streaks
and
smudges.
•
Empty,
wipe
clean,
sanitize,
and
reline
all
trash
containers
and
sanitary
containers.
•
Restock
all
toilet
tissue,
soaps,
towels,
toilet
bowl
seat
covers,
and
sanitary
napkin
dispensers.
c.

KITCHENS/BREAK
ROOMS:

All
Facilities,
All
Visits
(including
specific
flooring) •
Kitchen
areas
(break
rooms)
having
resilient
or vinyl
tile
floors,
inclusive
of
eating/dining
areas,
shall
be
swept
and
damp
mopped
with
a
disinfectant,
including
under
counters,
tables,
moveable
appliances,
and
work
areas.

All
areas
are
to
be
free
of
smudges,
stains,
and
streaks.
•
CITY
HALL
BAMBOO
WOOD
FLOORS:

Wood
floors
shall
be
cleaned
according
to
manufacturer's
recommendations
contained
herein.
•
CITY
HALL

LINOLEUM
FLOORS:

Linoleum
floors
shall
be
cleaned
according
to
manufacturer's
recommendations
contained
herein.
•
Wipe
down
all
accessible
horizontal
surfaces,
including
but
not
limited
to,
tables
and
countertops.
•
Stock
paper
towel
and
soap
dispensers.

D.

FLOOR
AND
FLOOR
COVERINGS:

All
Facilities,
All
Visits.
•
Non-carpeted
and
non-wood
floors are
to
be
cleaned
in
their
entirety
each
evening
the
building
is
scheduled
for
cleaning:
all
resilient
tile
flooring,
ceramic,
quarry,
and
stone
tiles,
are
to
be
cleaned
of
dirt
and
foreign
materials.

Sweep
or
dust
mop
all
flooring,
wet
mop
only
those
floors
approved
according
to
manufacturer's
specifications
(disinfectants/
germicides
are
to
be
used
only
with
prior
City
approval)
to
ensure
all
dirt,
stains,
black
heel
marks,
and
foreign
matter
(e.g.,
gum,
tar,
mud)
are
22 of
38 May 17, 2022, Item #12
removed
from
the
floor.

Spot
clean
prior
to
general
cleaning
as
necessary
to
keep
carpets
free
of
stains,
spots,
or
marks
of
any
kind
that
can
be
removed
through
spot
cleaning.

Floors
shall
be
free
of
streaks
and
mop
strand
marks.

Walls,
baseboards,
and
other
surfaces
shall
be
free
of
all
residues
and
marks
from
equipment
use.
•
All
carpeted
floors
shall
be
vacuum-cleaned
in
their
entirety
each
evening
the
building
is
scheduled
for
cleaning.

The
Contractor
shall
use
such
equipment
as
is
necessary
to
vacuum
clean
carpet
that
is
in
corners
and
underneath
low
furniture
and
equipment.

Carpets
are
to
be
spot
cleaned
as
necessary
to
keep
carpets
free
of
stains,
spots,
or
marks
of
any
kind
that
can
be
removed
through
spot
cleaning
(includes
theater
at
Performing
Arts
Center).
•
Spots,
such
as
dried
liquid,
and
any
foreign
matter,
such
as
tar,
chewing
gum,
paper
clips,
staples,
pencil
sharpening's,
paper
pieces
or
clippings,
etc.,
shall
be
removed
from
all
flooring.
•
Any
furniture
necessary
to
be
moved
during
the
process
of
cleaning
floors/carpeting
shall
be
the
responsibility
of
the
Contractor
and
shall
be
replaced
in
its
original
position.
•
All
wood
floors,

EXCEPTING
CITY
HALL
WOOD

FLOORS,
shall
be
dust
mopped
and
damp
mopped
removing
all
dirt
and
debris,
unless
otherwise
directed
by
the
City,
by
location,
using
manufacturer's
specifications;
where
there
are
no
manufacturer's
specifications,
Contractor shall
clean
with
a
method
approved
by
the
City.
•
City
Hall
wood
floors
shall
be
cleaned
ONLY
according
to
manufacturer's
specifications.

All
work
shall
be
streak
free.
•
City
Hall
Carpets
shall
be
cleaned
ONLY
according
to
manufacturer's
specifications.

All
work
shall
be
streak
free.
•
City
Hall
Excelon
Tile
flooring
shall
be
cleaned
according
to
manufacturer's recommendations
contained
herein.
•
City
Hall
"Linoleum"
floors
shall
be
cleaned
according
to
manufacturer's
specifications
contained
herein.
•
City
Hall
Resilient
"Rubber"
and
"Tile"
floors
shall
be
cleaned
according
to
manufacturer's
specifications
contained
herein.
•
City
Hall
Dimension
"Stone
Tile"
floors
shall
be
cleaned
according
to
manufacturer's
specifications
contained
herein.
•
All,
other
than
CITY
HALL,
wood
floors
shall
be
cleaned
and
polished.
•
Mickey
Cafagna
Community
Center
Sealed
Interior
Concrete:

The
floors
shall
be
cleaned
according
to
the
manufacturer's
recommendations
contained
herein.

E.

WINDOWS,
GLASS

SURFACES,
AND
MIRRORS:

All
Facilities,
All
Visits. •
Clean
entry/lobby
doors
and
adjoining
entry
glass
panels,
glass
in
cabinets,
table
tops,
directory
boards,
partitions,
and
glass
doors
within
common
areas,
corridors
and
lobbies
shall
be
cleaned
free
of
smudges,
stains,
and
streaks.

Glass
partitions
shall
be
spot
cleaned.
•
Vacuum
window
sills
for
dead
moths/spiderwebs
on
a
bi-monthly
basis.
•
Performing
Arts
Center
Clean
all
glass
on
staircase
and
mezzanine
23 of
38 May 17, 2022, Item #12
during scheduled visits as indicated in event calendar, as provided monthly by the City
F. CONCESSION: Performing Arts Center, All Visits
• Restock paper towels and hand soap dispensers, floors shall be swept and damp mopped with a disinfectant, and wipe down all countertops. All areas are to be free of smudges, strains, and streaks.
• All stainless-steel surfaces, ice bins, and sinks, shall be washed clean with a sponge using an approved germicidal solution. An approved cleaner for stainless steel be used to remove all stains and smudges.

Metal surfaces and counters shall be wiped dry.

G. DEEP CLEANING: All Facilities
WEEKLY
• Detail and edge vacuum carpeted areas.
• Ashtrays, located at designated smoking sites outside the facilities, shall be sifted and topped with new sand as needed. If ashtray sand is found dirty or filled with debris, the Contractor shall empty and wipe clean the ashtray before refilling with sand.
• Sinks, outsides of microwaves, stoves (including grills and burners), and refrigerators shall be washed clean with a sponge using a germicidal solution. An approved cleaner for stainless steel sinks, stoves, and refrigerators shall be used to remove all stains and smudges. Metal surfaces and counters shall be wiped dry.

WEEKLY (Mondays)
• Outside patio at City Hall shall be hosed cleaned each Monday. Tables and chairs are to be wiped down.
• Dust all accessible and exposed surfaces on desks, credenzas, overhead storage bins, cabinets, and windowsills unless otherwise directed without disturbing computers, papers, files, etc.

WEEKLY (Fridays)
• Run water down floor drains to prevent sewer gases

MONTHLY
• Overhead light diffuser panels shall be dusted, unless otherwise requested by the City.
• All heating, ventilation, and air conditioning grills shall be dusted, unless otherwise requested by the City.
• All exposed beams and pipes shall be dusted, unless otherwise requested by the City. Special care being given not to interfere with safety monitoring equipment.

MONTHLY (Last Friday of the month)
• Clean inside of refrigerator units (removing and replacing staple goods). 24 of 38
May 17, 2022, Item #12
H. SPECIAL SERVICES: All Facilities, As Needed
• All resilient tile, vinyl, and concrete floors shall be cleaned of dirt and foreign materials, stripped of old finish, machine/and or hand scrubbed and two (3) coats of sealant/finish applied. The Contractor shall use a skid free buffable floor finish that has been approved by the Director of Public Works to be applied evenly and sufficiently to withstand normal day-to-day traffic. Ceramic and quarry tile floors shall be cleaned, stripped and two (2) coats of sealer/finish applied (Per Matrix).
• All carpeted floors will be professionally cleaned semi-annually or per matrix. All carpeted areas shall be deep extracted using a final clear water rinse. ALL CARPETS MUST BE CLEANED WITH A TRUCK MOUNTED CLEANER "ONLY". WORK CANNOT BE PERFORMED WITH A
MOBILE/MANUAL CLEANER (Per Matrix).
• All interior and exterior surfaces of the windows shall be cleaned and left without streaks and spotless. All semi-annual work is to be cleaned "professionally," i.e. "Wash and squeegee all windows," wipe down any and all extra water drippings (Including large plate glass windows at the Performing Arts Center).
• Dust and wash an window blinds (removing and replacing). • Ceramic restroom, kitchen, and hallway tiles shall be acid washed with a City approved chemical and two (2) coats of sealant applied (Upon request, Pricing Quote Required).
• Vacuum/steam clean all fabric furniture (buildings other than Performing Arts Center) (Upon request, Pricing Quote Required).
• Library Patio between Library and Meeting Room including patio between parking lot and buildings: Pressure power-wash patio, including benches.
• Old Poway Park Pressure/power-wash entire Carriage turn and walkway around Gazebo (Per Matrix).
• Performing Arts Center Vacuum/steam clean all fabric furniture (Steam clean seven (7) upholstered benches in lobby, 30 black usher chairs, and 800 seats in the theater (Upon request, Pricing Quote Required).

I. SPECIAL EVENTS ASSISTANCE:

General Assistance:
• Furniture/Equipment Set-up/teardown
• Equipment (e.g., tables and chairs) shall be set up as required and on specific designated days (prior to) for Council meetings (maximum of 24 times per year), committee meetings, recreational activities, and other work as directed by the Director of Public Works. Diagrams of setup shall be provided by the City.
• The Contractor shall check with a specified event person prior to each event for any changes in equipment placement as this may vary per event location.

After Event General Clean Up:
• All trash shall be removed and disposed of according to General 25 of 38
May 17, 2022, Item #12
Cleaning
standards
noted
above.
•
All
areas
shall
be
left
in
a
neat
appearance
with
floors
vacuumed
and/or
mopped
according
to
the
General
Cleaning
basic
standards
noted
above.

J.

CUSTODIAL

RESPONSE
TO
SPILLS.

ACCIDENTS
Basic
Mop
Clean
Up:
•
The
Contractor
shall
provide
basic
janitorial
services
to
clean
up
minor
spills
and/or
accidents
within
24 hours
of
notification.
•
All
spills
and
accidents
requiring
basic
mop
clean
up
shall
be
done
using
a
disinfectant/germicide
to
eliminate
health
concerns.
•
All
areas
shall
be
posted
to
denote
work
in
progress
and
hazardous
conditions.

Deep
Cleaning:
•
The
Contractor
shall
provide
emergency
services
within
24 hours
of
notification.
•
All
spills
and/or
accidents
involving
extreme
flooding
shall
be
pumped
free
of
excess
fluids
(Should
any
hazardous
materials
be
involved,
the
Director
of
Public
Works
is
to
be
contacted
immediately
prior
to
commencement
of
work).
•
All
areas
(restrooms,
kitchens,
floors)
involved
shall
be
deep
cleaned
according
to
the
specific
General
Cleaning
Deep
Cleaning
Standards
as
noted
above.
•
All
areas
shall
be
posted
to
denote
work
in
progress
and
hazardous
conditions
26 of
38 May 17, 2022, Item #12

FACIL TIES LIST
See Attachment 1 for maps depicting various site locations. Facilities to be maintained have been organized via proximity into "Areas" below. 27 of 38
AREAA:

City Hall -First Floor, Second Floor
City Council Chambers
Fire Station 1 Downstairs Classroom and
Restrooms
AREA B:

Mickey Cafagna Community Center
Community Park Ball Field Restrooms
Community Park Pool
Community Park Skateboard Park Restrooms
AREA C:

Poway Library
AREA D:

Old Poway Park Train Depot
Old Poway Park Admin Office Building
Old Poway Park Templar's Hall
Old Poway Park Restrooms
Aubrey Park Restrooms
AREA E:

Public Works Vehicle Maintenance
Public Works Operations Center
Public Works Administration
Public Works Water Treatment
Lake Poway Administration/Parks & Landscape
Shop
Lake Poway Restrooms
Lake Poway Pavilion
Lake Poway Concession Restrooms
Lake Poway Entry Booth & Maintenance Offices
AREA F:

Twin Peaks Multi-Purpose Gymnasium
AREAG:

Meadowbrook Multi-Purpose Gymnasium
Fire Station 3
Arbolitos Sports Fields Restrooms
13325 Civic Center Dr.
13325 Civic Center Dr.
13050 Civic Center Dr.
13094 Civic Center Dr.
13094 Civic Center Dr.
13094 Civic Center Dr
13100 Civic Center Dr.
13137 Poway Rd.
14134 Midland Rd.
14134 Midland Rd.
14132 Midland Rd.
14114 Midland Rd.
13544 Aubrey St.
14415 Lake Poway Rd.
14445 Lake Poway Rd.
14467 Lake Poway Rd.
14521 Lake Poway Rd.
14644 Lake Poway Rd.
14644 Lake Poway Rd.
14644 Lake Poway Rd.
14644 Lake Poway Rd.
14644 Lake Poway Rd.
14640 Tierra Bonita Rd.
12320 Meadowbrook Ln.
14322 Pomerado Rd.
14401 Pomerado Rd.

May 17, 2022, Item #12
28 of 38
AREA H:

Materials Handling Yard
Household Hazardous Waste Building
AREAi:

Poway Center for the Performing Arts
AREA J:

Hilleary Park Restrooms
Silverset Park Restrooms
Starridge Park Restrooms
AREA K:

Iron Mountain Restrooms
Garden Road Restrooms
AREAL:

Valle Verde Park Restrooms
12325 Crosthwaite Cir
12325 Crosthwaite Cir
15498 Espola Rd.
13500 Community Rd.
14 795 Silverset St.
13745 Carriage Rd.

Poway Rd @ Highway 67
14901 Garden Rd.
16899 St. Andrews Drive
[Remainder of Page Left Blank Intentionally]
May 17, 2022, Item #12
COVID-19 EXTRA CLEANINGS

1. Overview: The following item is an "Additive Alternate Bid Item". To bid on this Additive Alternate Bid Item, a Contractor must also bid on the City's janitorial services base bid. The COVID-19 Extra Cleanings are optional specialty services that will occur based on the needs of the City and are not guaranteed for any period of time or for a minimum dollar amount.

2. Scope of Services:
a. The contractor shall wear disposable non-fabric gloves (e.g., latex, nitrile, etc) and be responsible for providing all personal protective equipment used in cleaning and disinfecting.
b. The contractor shall clean (the word clean here means to wipe down in order to disinfect an area, space or surface. This does not mean take out trash, vacuum, etc.) the area(s) with a general detergent or soap and water, appropriate for the office surfaces and finishes.
c. Surfaces shall be cleaned prior to disinfection, as instructed on the disinfectant manufacturer's label. The Contractor shall ensure adequate contact time for effective disinfection.
d. Following cleaning, the contractor shall wipe disinfect all touch point areas and surfaces including, but not limited to: handrails, door handles, counters, tables, chairs and arm chairs, desk or work surfaces, keyboards, computer mice, phones, copier buttons, light switches, elevator buttons, microwave doors, refrigerator handles, kitchenette countertops, sinks, toilets, door handles to toilets, etc. (complete facility).
e. The contractor shall use an EPA-registered disinfectant in accordance with the manufacturer's directions, and wear whatever additional protective equipment is suggested by the manufacturer. A list of EPA approved products is available at https://www.americanchemistry.com/Novel-Coronavirus-Fighting-Products­ List.pdf.
f. The contractor shall allow disinfectant to remain on surfaces until air dry. g. Cleaning and disinfection services shall comply with the Centers for Disease Control and Prevention (CDC) recommendations in place during the time of known exposure. CDC recommendations are available at:
https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning- disinfection.html.
[Remainder of Page Left Blank Intentionally]
29 of 38
May 17, 2022, Item #12
COVID-19 EMERGENCY RESPONSE

1. Overview: The following item is an "Additive Alternate Bid Item." A Contractor can bid on this Additive Alternate Bid Item as a separate line item, e.g., a Contractor is not required to bid on the base bid and COVID-19 Extra Cleanings Additive Alternative Bid Item. The COVID-19 Emergency Cleanings are optional specialty services that will occur based on the needs of the City and are not guaranteed for any period of time or for a minimum dollar amount. The City reserves the right to award a separate contract for this Additive Alternate Bid Item.

2. Definition: These services will be as-needed, when there is a confirmed or suspected COVID-19 event. A COVID-19 event is defined as an instance when someone who is confirmed or suspected to have COVID-19 enters or occupies a City facility.

3. Scope of Services:
a. City will notify ("call out") Contractor of a COVID-19 event. Contractor shall provide acknowledgment to the City it has received notification of COVID-19 event within 12-hours.
b. Contractor must be able to mobilize within 24 hours of call out and be able to handle multiple offices at one time.
c. Furnish a team to clean (the word clean here means to wipe down in order to disinfect an area, space or surface. This does not mean take out trash, vacuum, etc.) and apply an appropriate EPA registered COVID-19 disinfecting product and procedure for all touchpoints 6 to 8 feet down within an identified space, room and/or facility, including the floors & walls in the potentially affected area or space, which include, but are not limited to, door knobs & locks, door push bars, door edges and jambs, stair and ramp handrails, cabinet handles and drawer pulls, appliance handles, light switches, chairs, partitions, mirrors, table and desktops, telephones, toilet seats and flush handles, faucet handles, soap pumps, keyboards & mice, elevator buttons, credit card keypads, vendor machine buttons, equipment controls, television remotes, chair armrests, bed rails and countertops. Work is to be completed according to CDC standards.
d. Contractor is responsible for providing all PPEs and disposing of PPEs used in the cleanup.
[Remainder of Page Left Blank Intentionally]
30 of 38
May 17, 2022, Item #12
ATTACHMENT 2

FEE PROPOSALS
BID ITEM A: JANITORIAL SERVICES
General Special Acid Wash
FACILITY Services Event Tile
(Yearly) Assistance (per
(Yearly) Building)
1 City Hall $ 100,643.31
2 Council Chambers $ 11,815.11 $ 2,182.74
3 Fire Station 1 $ 1,772.64
4 Mickey Cafagna Community Center $ 61,217.65 $ 19,702.32 5 Community Park Ball Field Restrooms $ 10,457.03
6 Community Park Pool (Lockers, Showers) $ 6,186.25 $ 200.00 7 Community Skateboard Park Restrooms $ 4,639.39
8 Library $ 58,843.49
Old Poway Park -Includes the following facilities:
9 Train Depot Restrooms, Admin Office, $ 13,975.53 $ 230.00 Templar's Hall, Park Restrooms (Acid Wash)
10 Aubrey Park Restrooms $ 4,866.86
11 Vehicle Maintenance Facility $ 3,662.47
12 Public Works Operations Center $ 5,045.68 $ 145.00
13 Public Works Administration $ 10,084.26
14 Public Works Water Treatment $ 5,894.41
15 Lake Poway Administration/Parks and $ 6,142.76 Landscape Shop 31 of 38
May 17, 2022, Item #12
16 Lake Poway Restrooms $ 16,448.16
17 Lake Poway Pavilion $ 1,530.96
18 Lake Poway Concession Restrooms $ 4,782.27
19 Lake Poway Entrance Booth & Maintenance $ 830.83
20 Twin Peaks Gymnasium $ 10,745.02
21 Meadowbrook Gymnasium $ 13,415.94
22 Fire Station 3 $ 2,612.33
23 Arbolitos Sports Field Restrooms $ 6,644.14
24 Materials Handling Yard -Lounge $ 1,756.46
25 Poway Center for the Performing Arts $ 51,211.05 $ 500.00 26 Hilleary Park Restrooms $ 6,644.14
27 Silverset Park Restrooms $ 6,644.14
28 Starridge Park Restrooms $ 6,644.14
29 Iron Mountain Restrooms $ 10,525.61
30 Garden Road Park Restrooms $ 6,796.30
31 Valle Verde Park Restrooms ~ 6,644.14
Total $ 459,122.47 $ 21,885.06 $ 1,075.00
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May 17, 2022, Item #12
General Services Total (In words): Four hundred fifty-nine thousand, one hundred twenty-two dollars and forty-seven cents
Special Event Total (In words): Twenty-one thousand, eight hundred eighty-five dollars and six cents Acid Wash Total (In words): One thousand, seventy-five dollars

AS-NEEDED SERVICE BID ITEM A
FACILITY Deep Cleaning
(Per Cleaning)
Household Hazardous Waste Building $ 57.00
As-Needed Total (In words):

Fifty-seven dollars
33 of 38
May 17, 2022, Item #12

PROPOSAL
TABLE
BID
ITEM
B:

COVID-19
EXTRA

CLEANINGS
The
following
item
is
an
11Additive
Alternate
Bid
Item,,.

To
bid
on
this
Additive
Alternate
Bid
Item
"B",
a
Contractor
must
also
bid
on
the
City's
janitorial
services
base
bid,
Bid
Item
"A,,.

The
COVID-19
Extra
Cleanings
are
optional
specialty
services
that
will
occur
based
on
the
needs
of
the
City
and
are
not
guaranteed
for
any
period
of
time
or
for
a
minimum
dollar
amount.

Please
give
a
square
foot
price
for
considering
all
the
above:
$

0.076
/square
foot
For
the
purpose
of
bid
evaluation,
bidders
shall
enter
below
a
standard
hourly
rate:

Standard
Hourly
Rate:
$ __
3_8_.o_o
_____
_
List
any
additional
charges
that
may
apply
that
are
not
mentioned
a
above.
(Ex.

Mobilization/
Demobilization,
Fee
for
weekends
or
holidays,
etc.)
____________
$ _____
/ ___
_
COVID-19
Extra
Cleanings
Per
Sq
Ft
COVID-19
Extra
Cleanings
Per
Hour
COVID-19 Extra
Cleanings
Per
Sq
Ft
COVID-19
Extra
Cleanings
Per
Hour
34 of
38 After
Hours
$0.114
After
Hours
$57.00
Holidays
$0.152
Holidays
$76.00
May 17, 2022, Item #12

PROPOSAL TABLE
BID ITEM C: COVID-19 RESPONSE
The following item is an "Additive Alternate Bid Item." Contractor can bid on this Additive Alternate Bid Item as a separate line item, e.g., a Contractor is not required to bid on the base bid and COVID-19 Extra Cleanings Additive Alterative Bid Item. The COVID-19 Emergency Cleanings are optional specialty services that will occur based on the needs of the City and are not guaranteed for any period of time or for a minimum dollar amount. The City reserves the right to award a separate contract for this Additive Alternate Bid Item.

Please give a square foot price for considering all the above:
$ O l O /square foot -----
For the purpose of bid evaluation, bidders shall enter below a standard hourly rate:

Standard Hourly Rate: $_5_0_.o_o _____ _
List any additional charges that may apply that are not mentioned above. (Ex. Mobilization/ Demobilization, Fee for weekends or holidays, etc.)
____________ $ _____ I ___ _
COVID-19 Emergency Cleanings Per Sq Ft
COVID-19 Emergency Cleanings Per Hour
COVID-19 Emergency Cleanings Per Sq Ft
COVID-19 Emergency Cleanings Per Hour
35 of 38
After Hours $0.15
After Hours $75.00
Holidays $0.30
Holidays $150.00
May 17, 2022, Item #12
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
36 of 38
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior May 17, 2022, Item #12
to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2) A retired person who accepts an appointment after receIvmg unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
37 of 38
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

May 17, 2022, Item #12
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.

Annotations
Notes
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 38 of 38

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