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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO AND
CCS FACILITY SERVICES
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 1st day of July 2024, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and CCS Facility Services, a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A. City has sought, by Request for Proposal s No. 24-009, the performance of professional services related to Janitorial Services for various City facilities , as defined and described particularly in Article 1 of this Agreement.
B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.
C. Pursuant to Chapter 2.48 of the Rialto Municipal Code, the City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with janitorial services for various City facilities , and as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As
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a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, an d professional manner, it meets all local, state, and federal requirements in performing the services, and it is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality , fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more professional firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals No. 24-009; and (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”) . The Contract Documents and Accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services, Consultant’s Proposal, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessmen ts, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officer s, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facil ities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, the Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediately inform the City o f 4872-4429-3132 v2 Page-3
such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and sha ll be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subj ect to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, the Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably nece ssary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the City Manager. In accordance with Rialto Municipal Code section 2.48. 180, i ncreases in compensation of this Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundr ed Thousand Dollars ($100,000) and the amended Contract Sum when consider ing any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the agreement was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by 4872-4429-3132 v2 Page-4
Consultant under this Agreement requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provis ions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation ” attached hereto as Exhibit “ B” and incorporated herein by this reference. Upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Forty-Six Thousand Seven Hundred Seventy-Five Dollars and Sixty Cents ($446,775.60) (the “Contract Sum”). The Contract Sum may also be increased for additional services pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant i s required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month the Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary 4872-4429-3132 v2 Page-5
and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City may independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cau se Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
2.5 No Waiver.
Review and payment by City to Consultant of any invoice for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “ C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of th e Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any government al agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section 1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the 4872-4429-3132 v2 Page-6
performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through completion of the services related to Request for Proposals No. 24-009, (the “Project”), and as identified in the Schedule of Performance, Exhibit “C”. The initial contract will be for twelve months, from July 1, 2024, through June 30, 2025.
The City may extend the Contract for up to four (4) consecutive one (1) year optional renewal periods under the terms and conditions of the original Contract upon execution of an Amendment to the Contract by both parties.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Troy Coker CEO & President
(Name) (Title)
Todd VanOpdorp COO
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this A greement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent pers onnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or 4872-4429-3132 v2 Page-7
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. Neither Consultant, nor any of Consultant’s officers, employees, or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authorit y, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents, or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole o r in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension 4872-4429-3132 v2 Page-8
thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, and hired cars. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’ s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self -insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cance lled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancel lation date, submit new evidence of insurance in 4872-4429-3132 v2 Page-9
conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverag es and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and app ointed officers, officials, employees, or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. The parties hereby agree that Consultant’s self -insured retention shall be $250,000 per claim. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond gua ranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify and defend the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omis sions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with and to the extent of the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith . Consultant’s obligations under this section shall exclude only the proportionate share of any Claim that is determined by a court of competent jurisdiction to have resulted from the negligence or willful misconduct of the City, Agent or any third party not affiliated with the Contractor;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with and to the extent of the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder , legal fees and damages will be apportioned between the City and Consultant based on comparative basis of fault as determined by a court of competent jurisdiction.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall n ot be a waiver hereof. This indemnification includes claims or liabilities arising from and to the extent of any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services here under. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be bindi ng on successors and assigns of Consultant and shall survive termination of this Agreement.
Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk M anager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books a nd records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcr ipts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of a ny facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
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6.4 Confidentiality and Release of Information.
(a) All information gained, or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or wor k product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other d iscovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in th e event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold 4872-4429-3132 v2 Page-13
all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any reasonable amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all reasonable amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validi ty of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, a reasonable amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
4872-4429-3132 v2 Page-14
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City and Consultant reserve the right to terminate this Contract at any time, with or without cause, upon thirty (60) days’ written notice to the other party, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contr act Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section
7.3. In the event of termination without cause pursuant to thi s Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total reasonable cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performan ce of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial i nterest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State 4872-4429-3132 v2 Page-15
statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant atte sts under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religio n, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet, or other communication charges, vehicles, and reproduction facilities. 4872-4429-3132 v2 Page-16
9.2 Payment of Taxes.
Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sen t by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
If to City: City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
Fax: (951) 788-5785
If to Consultant: CCS Facility Services
3001 Redhill Avenue, BLD #6-220
Costa Mesa, CA 92626
Attn: Kim Cody
949-514-0998
[email protected]
Either Party may change its address by notifying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unles s made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreeme nt, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.9 Conflicting Terms
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
[SIGNATURES ON FOLLOWING PAGE]
4872-4429-3132 v2 Page-18
IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal CCS Facility Services, a California corporation corporation
By: By:
Mike Milhiser, Interim City
Manager
Signature
ATTEST: Steve Larson
Name
By:
Barbara A. McGee, City Clerk Executive Vice President Title
APPROVED AS TO FORM:
By:
Burke, Williams & Sorensen, LLP Signature
By: Cameron Hall
Eric S. Vail, City Attorney Name
Regional Vice President
Title
**Two signatures are required if a
corporation**
4872-4429-3132 v2 A-1
EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall provide janitorial services for various City facilities. Specifically, the Janitorial Firm will be required to provide the following services:
(a) WEEKLY SCHEDULE - The Firm shall submit a written weekly schedule per the scope of work for approval by the City that indicates the days of the week and time frames (the hours between which the items of work shall be scheduled to be completed) when items of work shall be accomplished per the performance requirements. The time frames must not vary from the actual performance by more than one (1) hour for security reasons. Schedules shall be in a Monday through Sunday format and shall commence on each Monday. (b) MONTHLY SCHEDULE - In the event that certain items of work shall be accomplished on a monthly basis instead of a weekly basis, the Firm shall submit a written schedule no later than the 20th of each month for the following month (i.e., by April 20 th for the month of May.) Said schedule shall indicate the date each monthly item of work shall be accomplished and the time frames.
(c) If the performance varies from the schedule, the Firm shall submit revised schedules when actual performance will differ substantially from planned performance. The revised schedule shall be submitted to the City in writing no less than ten (10) calendar days prior to the effective date of the new schedule.
(d) All schedules and revisions shall be approved in writing by the Maintenance & Facilities Deputy Director or his designated representative prior to implementation. In the event that the Maintenance & Facilities Deputy Director does not approve the schedule change, the Firm shall be required to adhere to that schedule currently in effect until such time that both parties may meet and agree upon a revised schedule. Said revised schedule shall be submitted in writing as set forth in paragraph 1.a, above.
(e) The Firm shall meet all scheduled days of service and time frames as submitted and approved by the City. It is the Firm's responsibility to meet the schedule without further direction from the City.
(f) Failure to notify of a change of schedule or implementation of a schedule not approved in writing by the City prior to implementation may result in deduction of payment for that date or week in which the actual schedule did not meet the approved schedule and time frame. (g) HOLIDAYS - The Firm shall adjust its schedule as necessary to comply with the agreement compensating for all holidays. Holidays shall include the following: New Year’s Day, Martin Luther King Holiday, President’s Day, Cesar Chavez Day, Juneteenth, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve. In addition, the City may declare additional holiday closures including the annual winter closure. During winter closure, some of the city offices shall be closed while others shall remain operational. Winter closure generally occurs prior to December 24th and may last until January 2nd or the first business day after New Year’s Day. 4872-4429-3132 v2 A-2
DAMAGE REPAIR
(a) Firm shall immediately notify the City of any damage noted to a City facility regardless of whether caused by the Firm or other external circumstances. The Firm shall photograph and prepare a written email explaining the damage and what causes, if known. T his report shall be forwarded to the Maintenance & Facilities Deputy Director or their designee at completion of shift.
(b) If the damage is significant and possess an immediate threat to the health, safety, or welfare of either the Firm’s staff, City employees or the general public, the Firm shall immediately notify the Public Works Superintendent or their designee via telephone call, followed by an email to the designated City staff. Firm shall take appropr iate actions to limit access to the damaged areas by use of caution tape, barricades or safety cones and shall follow any other directions provided by City staff as necessar y to minimize additional damage or injury. If so directed, the Firm shall remain at the location of the damage until such time as the Maintenance & Facilities Deputy Director or their designee arrives at the location and assumes responsibility. (c) All damage incurred to existing City facilities and/or property by the 's operations shall be repaired or replaced at the Firm's expense.
(d) All damage incurred to existing facilities and improvements by external circumstances as set forth in the Service Agreement, including but not limited to Acts of God shall be repaired or replaced by the Firm, at the City’s expense, subject to the submissio n of a written estimate, including samples of any materials, wall or floor coverings and other items as requested by the Maintenance & Facilities Deputy Director.
(e) The City shall promptly notify the Firm in writing of any damage that may be caused by Firm’s operations, including submission of photographs. (f) The Firm and the Maintenance & Facilities Deputy Director or their designee shall meet promptly after notification to the Firm to jointly inspect the damage and determine the necessary repairs and length of time to complete repairs. (g) All repairs shall be completed in the agreed time frame. Failure by the Firm to make timely repairs of damage shall be grounds for the City to arrange to complete repairs at City’s cost, and to deduct those costs from the Firm’s monthly invoice.
INSPECTIONS
(a) The Firm shall be responsible for conducting daily inspections of all items of work in order to ensure that all work was completed according to the standards set forth in this Agreement as well as the Firm’s own internal business standards. (b) The Firm shall designate an employee who shall be responsible for conducting daily inspections of all work performed by the Firm’s staff upon completion. Said inspections shall be documented in a manner as agreed to by the City and Firm and may include wri tten or electronic inspection forms which the Firm’s representative shall complete and send to the Maintenance & Facilities Deputy Director or their designee(s) after completion of each scheduled day of items of 4872-4429-3132 v2 A-3
work. Any item of work which is noted as being completed on the inspection forms and which is subsequently determined to not have been completed by the Firm shall result in a deduction for that day’s items of work for that Facility.
(c) The Firm shall be available to meet weekly with the Maintenance & Facilities Deputy Director or his designated representative to review the Firm's schedules and performance, resolve problems, and perform field inspections as required.
EXTRA WORK
(a) If extra work orders are given in accordance with the provisions of this contract, such work shall be considered a part of and subject to each and all of its terms and requirements of the agreement.
(b) It is agreed that the Firm shall perform all extra work under the direction of the Maintenance & Facilities Deputy Director or his designee, when so ordered by the Maintenance & Facilities Deputy Director or his designee or Agency. It is further agreed that the compensation to be paid to the Firm for performing extra work shall be determined in advance by the Maintenance & Facilities Deputy Director or his designee, according to one of the following methods:
o Method "A”: By agreed unit prices of this contract; or o Method "B”: By agreed lump sum; or
o Method "C”: By agreed unit prices of this Contract, and by agreed lump sum and/or by agreed unit prices for that portion of work which has no agreed unit prices in this Contract; or
o Method "D”: By competitive proposal option.
(c) Labor costs shall not exceed the contracted hourly rate based on the average number of hours and base price per facility as set forth in Firm’s bid document. (d) Extra work will not be initiated without written authorization from the Maintenance & Facilities Deputy Director or designee in the form of a work order specifying the extra work to be performed and the compensation method to be used. The method and/or procedure for said extra work written order shall be as determined by the Maintenance & Facilities Deputy Director or his designee. Extra work may include, but not be limited to: repairs or replacement due to vandalism, accidents, or Acts of God.
SERVICE FAILURE/DEFICIENT PERFORMANCE/LIQUIDATED DAMAGES A. Schedule Deficiencies - Failure of the Firm to adhere to schedules will result in damages to the City for the additional cost incurred from the inspection, administration, and/or resolution of complaints by the public or City employees.
1. Such incurred costs may be deducted from the Firm's monthly payment.
2. In the event that the Firm fails to adhere to the service schedule or fails to 4872-4429-3132 v2 A-4
perform all the required service and repairs, the City may enact the liquidated damages provisions for each system and for each occurrence.
B. Performance Deficiencies - Failure by the Firm to meet the minimum standards set forth in the Service Agreement and this Performance Requirement will result in damages to the City for the additional cost incurred from the inspection, administration, and/or resolution of complaints by the public or City employees.
C. Since it is not practical for the City to establish a liquidated damage for each schedule and performance deficiencies, the City and Firm hereby agree that the minimum amount of damage shall be $50.00 per documented service failure or deficient performance.
D. A total of more than three (3) documented service failure or deficient performances per month may be grounds for additional administrative action by the City, up to and including termination of the contract for cause. This shall be in addition to any remedies available to the City as set forth in Paragraph 7 below.
PAYMENTS WITHHELD
(a) The City may withhold entire or partial payment for reasons as follows:
o Work required in the specifications which is defective, incomplete, or not performed.
o Claims filed or reasonable evidence indicating probable filing of claims. o Failure of the Firm to make payments properly to subcontractors, or for materials and/or labor.
o A reasonable doubt that the contract cannot be completed for the remaining balance.
o Reports, logs, or other contractual written documentation required of the Firm to be delivered to the City which is/are incomplete or not performed.
PERFORMANCE DEFICIENCIES
(a) Failure of the Firm to provide services per Agreement specifications shall give the City the right to deliver the services by other means for said deficiencies and bill the incumbent Firm for the incurred costs including administrative costs equaling 20% of incurred costs. (b) Upon notification of service failure, the Firm will have twelve (12) hours from the time of notification to rectify the problem(s), Failure to do so will invoke this clause. (c) The Firm shall be notified in writing either by a phone call, email or letter each time its performance is unsatisfactory and corrective action is necessary. (d) If deficiencies continue to occur, notice to terminate this Agreement may be given to the Firm by the City thirty (30) days prior to termination. 4872-4429-3132 v2 A-5
SUPERVISION
(a) Firm shall provide supervisor(s) who communicate effectively both in written and oral English. The supervisor or supervisors selected by the Firm shall have full authority to make decisions and act on behalf of the Firm on all matters that do not alter the contract. (b) Any order or communication given to these supervisor(s) shall be deemed as delivered to the Firm.
COMMUNICATION/EMERGENCY RESPONSE
(a) Firm shall respond to the City's request regarding any malfunctions or service requests.
(b) In the case of emergencies or the need for additional (special) work (at the direction of the City), the Firm shall provide personnel within a quick and reasonable response time upon notification.
WORKING HOURS AND CONTACT PHONE NUMBERS
(a) When work is performed at the Firm's discretion on weekends and/or holidays and requires verification and inspection by the Maintenance & Facilities Deputy Director or his designee, the Firm will be billed for the City employee's time, expenses, and costs. (b) The Firm will have staff available for phone contact (not an answering machine), Monday through Friday, between 7:00 AM and 6:00 PM to respond to callouts, questions, and verification of schedules. Firm shall provide an after -hours emergency phone number to the City and respond to any message left within two-hours from the message. (c) Any change to any phone number shall be forwarded to the City no more than 24 - hours prior to the new phone number being in service.
DISPOSAL
(a) The Firm shall dispose of all trash and other debris from operations as work progress. Trash shall be disposed of in the proper bins or dumpsters.
FIRM PERSONNEL AND EQUIPMENT
(a) No personnel shall be employed on any items of work under these specifications that is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable.
Any employee who fails or refuses to perform the work properly and acceptably, as determined by the Maintenance & Facilities Deputy Director or his designee, shall be discharged or removed from work on City jobs immediately.
(b) Firm personnel assigned to the City of Rialto must pass the Department of Justice (DOJ) background check and/or records check(s) prior to being assigned to the City. The Firm will not assign any staff person to work in the City without written permission. Failure to pass the DOJ 4872-4429-3132 v2 A-6
background check also constitutes grounds for the immediate discharge or removal from City assignments.
(c) All Firm personnel shall wear uniform shirts with the company name or logo printed on them, company identification badges with their name, photographs, and the company name at all times while on City property.
(d) The City shall provide the Firm’s staff with security badges and keys to access the applicable City facilities. Security badges and keys remain the property of the City and must be surrendered upon the City’s request, termination of the contract, or at the end of the staff person’s employment with the Firm. All City security badges and keys must be in the possession of the Firm staff at all times that the Firm’s staff is present on City facilities. Badges and keys must be in the possession of the employee for which the badge is always issued. Security badges and keys shall not be loaned, shared, or otherwise not properly controlled. Failure to maintain a security badge or key control by Firm’s staff shall be grounds for immediate removal of the employee from City premises by the City and may be grounds for termination of the Contract. (e) Each of the Firm’s staff members and the Firm shall be responsible for the safekeeping of their City-issued security badge and keys. Any lost or missing badge or keys will result in a "lost badge” or "lost key” fee equal to the fee that would be charged to any City employee for the same situation or equal to costs to re-key every facility the keys were lost for. (f) The Firm shall provide to the Maintenance & Facilities Deputy Director or designee a written list of its assigned employees, their work sites, and schedules applicable to this contract.
This list shall be maintained and updated as necessary by the Firm and submitted to the Maintenance & Facilities Deputy Director or their designee no later than 8:00 A.M. of the city working day before the said schedule change shall go into effect for that day’s work schedule.
Failure to do so may result in Firm staff being detained by the City’s security personal, or Police, for being on City property without the proper authorization. (g) The Firm and the Firm’s staff shall abide by the City’s Security policy and procedures. The Firm shall require each assigned Firm staff member to sign a form that indicates that they have received a copy of the City’s Security Policy and Procedure. Firm shall maintain signed forms at Firm’s place of business.
(h) Firm will comply with the provisions of the Immigration Reform and Control Act of 1986, Public Law 99 -603. The firm shall be responsible for maintaining all required documentation under this section at their principal place of business. (i) Firm shall be responsible for providing a safe workplace, and compliance with standards and regulations of the California Occupational Safety and Health Act (Cal OSHA), Federal Occupational Safety and Health Act (OSHA), California Department of Industr ial Relations, and any other applicable governmental law or City risk management standard. The firm shall be responsible for maintaining all required documentation under this section at their principal place of business.
WET FLOOR CAUTION SIGNS
4872-4429-3132 v2 A-7
(a) The Firm shall place and display caution signs when cleaning floors in an area where people other than Firm personnel are or will be present before the floors are dry.
4872-4429-3132 v2 A-8
CITY FURNISHED FACILITIES
(a) The City shall provide a designated storage closet or facility to the Firm for the purpose of storing equipment and supplies of the Firm at each facility. The firm shall maintain all storage facilities and storage closets furnished by the City for storage of cleaning supplies/equipment, in a clean, neat, and sanitary condition at all times. (b) Firm shall be provided a master key or other security device to allow access to the Firm’s designated storage facility or closet. The Maintenance & Facilities Deputy Director or his designee shall retain a key and shall have access to conduct inspections as necessary.
SUPPLIES
(a) The Firm shall supply all necessary consumables that include, but may not be limited to toilet paper, urinal cakes, toilet seat covers, paper towels and hand soap. The Firm shall maintain adequate supplies on site, in the areas provided for the Firm by the City, for each building serviced. Adequate supplies are defined by the City as an amount sufficient to meet the normal product and supply demands or needs of each building for at least four (4) business days. (b) In the event of a shortage of these products during business hours, the Maintenance & Facilities Deputy Director or their designee will have access to said supplies to replenish consumables in any given area. Firm shall maintain an inventory form in ea ch storage facility or closet which may be used by the Maintenance & Facilities staff to document any supplies removed by the City.
(c) All supplies to be furnished must be approved by the Maintenance & Facilities Deputy Director prior to use.
(d) In some instances, the City may request that alternate cleaning products be utilized at a specific facility. In the event this should occur, any product substitution must be approved by the Maintenance & Facilities Deputy Director or designee prior to use.
SPECIFIC FACILITY REQUIREMENTS
(a) Any unique floor or wall coverings used in any City facility shall be cleaned according to the manufacturer’s specification. A copy of said specification shall be provided to the Firm and reviewed as necessary or as installed.
(b) The Johnson Center Gym floor shall be cleaned in accordance with the specification care and maintenance of hardwood surfaces.
(c) All Facilities: Turn off lights except for those designated to be left on overnight. (d) All Facilities: Secure all designated interior and all exterior doors and windows upon completion of work.
(e) All Facilities: Lock all entrance/exit doors, secure any windows, and reset alarm systems.
4872-4429-3132 v2 A-9
(f) All Facilities: Report by email or phone any building/facility maintenance or repair items noted during cleaning rounds such as burned-out lights, noted damage, or leaking faucets to the Maintenance & Facilities Deputy Director or designee. (g) All Facilities: All carpets in each building or facility shall be routinely cleaned at least once per contract year. Additional carpet cleaning shall be at the direction of the City. Firm shall coordinate carpet cleaning schedule with the Maintenance & Fac ilities Deputy Director or their designee in order to minimize disruption of city operations and in such a manner to allow for adequate time for drying. Carpets shall be cleaned in such a manner to ensure removal of spots, dirt and staining to the maximum extent practical using state-of-the-art cleaning equipment using wet and heat cleaning processes. Spot cleaning of dirty areas shall be performed as directed by the City at a greater frequency based on need.
(h) Hard Surface Floors shall be cleaned as appropriate. Waxed floors shall be stripped and rewaxed per direction of staff, based on type of materials.
QUALITY STANDARDS
(a) All daily items of work are minimum requirements. All items of work to be performed shall be performed as frequently as specified and as needed to maintain a clean condition. Tasks that are designated "Daily” are to be performed during each scheduled day o f service during the time frame established.
(b) General Standards: The achievement of the desired standard of cleanliness will result in an almost absence of visible soil which is found because of routine inspection. For purposes of definition, absence of visible soil shall be as follows:
o Absence of dust on horizontal and vertical surfaces of floors, walls, ledges furniture and equipment.
o Absence of litter and trash on floor and horizontal surfaces. o Absence of finger marks, spots, and soil build -up on floors, particularly in corners, along baseboards, around door jams and around furniture and equipment legs and bases.
o Absence of soil, scale and stains on restroom fixtures, drains, taps, faucets, soap dispensers, paper dispensers, stalls mirrors, ledges, and drinking fountains.
o Absence of soil, stain, and scale on restroom floors and baseboards. Tile and grout are maintained free of stain and build-up.
o Absence of dust, lint, and litter on upholstered furniture. o Absence of soil, litter, dust and encrustations on furniture and equipment surfaces and legs.
o Absence of soil, litter, dust and encrustations in urns, wastebaskets, and trash containers.
o Absence of marks, spots, stains and streaks on glass and mirrors. 4872-4429-3132 v2 A-10
o Absence of soil and dust on window blinds, shades, sills, frames, and ledges. o Absence of other visible soil and cobwebs on horizontal surface, including ceilings.
o Absence of trash in building
o Absence of soil, litter and debris on all carpets, mats, and floors. (c) Solid waste collection: All solid waste in the building shall be collected and removed to designated disposal areas.
(d) Wet Mopping: Floors shall be free of streaks, mop strand marks and skipped areas.
Walls, baseboards, and other surfaces shall be free of splash stains and markings form the equipment. Mops and buckets will be emptied and thoroughly rinsed immediately after use in restrooms and before use in any other areas.
(e) Spot cleaning: Smudges, marks or spots shall be removed without causing discoloration of the surface.
(f) Dusting: Corners, crevices, moldings, and ledges shall be free of dirt, debris, and dust. Furniture will be dusted around computers.
(g) When necessary for the Firm to move furniture and furnishings, it will be done with extreme care and furniture returned to the original position. (h) Custodian’s closet: Closets shall be maintained in a clean, orderly, and safe condition at all times.
(i) Firm’s equipment: Firm’s equipment shall be stored only in areas designed by the City. Equipment shall be stored in a clean, orderly, and safe condition. (j) Materials and equipment: The Firm shall use cleaning products and equipment which are effective and safe for fixtures, furnishings and finishes in their particular applications.
The City may require the Firm to select an alternative cleaning product or pie ce of equipment of the use of that particular product or piece of equipment is ineffective or tends to cause damage to or deterioration of fixtures, furnishings or finishes in the use being made of it. Cleaning products should be in clearly marked containers.
(k) Level of care: Firm shall exercise due care at all times to ensure that cleaning products and practices do not cause damage to finish, furnishings or fixtures. The Firm shall restore to good condition any items damaged from lack of care by the Firm’s employees. (l) Clean Restrooms. The Firm shall perform the following tasks to ensure restroom facilities are clean and sanitary:
o Empty all wastebaskets, reline with recyclable plastic liners and dispose of trash. Clean wastebaskets with a disinfectant cleaner as needed. o Sweep floor and damp mop floor with germicide cleaner. 4872-4429-3132 v2 A-11
o Clean mirrors, metal fixtures, shelves, and dispensers. o Clean urinals, toilets, and basins with germicidal cleaner, descale and replace urinal cakes when necessary.
o Restock toilet tissue, paper towels, toilet seat covers and soap dispensers. o Damp wipe entrance doors, remove smudge marks, clean hardware, and ventilation louvers.
o Spot clean walls, partitions, and ceiling.
o Dust all horizontal surfaces.
o Clean tile areas in restrooms including removal of all soap deposits. o Pour clean water down floor drains to prevent sewer gases from escaping.
SPECIFIC TASKS PER FACILITY
Task Lists – City Hall Offices and Council Chamber
Daily - Five (5) times a week - Monday, Tuesday, Wednesday, Thursday, and Friday
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash. Clean wastebaskets with a disinfectant cleaner as needed.
2. Thoroughly clean all flooring in the office; vacuum carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions.
3. Clean and dust fronts and tops of counters in Lobby area.
4. Clean restrooms including mirrors and countertops.
Weekly
1. Dust desks, chairs, windowsills, and all other office furniture.
2. Dust high moldings, doors, window casings, corners, and ceilings to remove cobwebs.
3. Dust ledges and low moldings and mini blinds.
4. Dust or clean silk plants.
5. Spot clean doors and door frames to remove finger marks and stains.
6. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches.
7. Clean all exterior ashtrays and sand urns.
8. Clean all entry area windows and doors (interior and exterior).
Task List (General Offices)
The facilities listed below shall be cleaned on a daily basis, five (5) days per week (Monday, Tuesday, Wednesday, Thursday and Friday).
1. Civic Center North Building - Community Development Offices
2. Civic Center South Building - Finance, Treasurer, and ITS Offices
3. Civic Center West Annex - City Clerk Office
4872-4429-3132 v2 A-12
4. Fire Administration (located on the north side of Fire Station 201 and includes
5. Administration Offices, Training Room/Conference Room, Lower -Level Offices and Break Room, Emergency Medical Services Coordinator’s Office, and the Captains’ Office)
6. Human Resources/Maintenance & Operations Offices
7. Public Works Administration and Engineering
8. Purchasing (Offices Only)
9. Fleet Services Garage (Offices Only)
Daily - Five (5) times a week -Monday, Tuesday, Wednesday, Thursday, and Friday
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
2. Thoroughly clean all flooring in office; vacuum carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions.
3. Clean and dust fronts and tops of counters in Lobby area.
4. Clean restrooms including mirrors and countertops.
Weekly
1. Dust desks, chairs, windowsills, and all other office furniture.
2. Dust high moldings, doors, window casings, corners, and ceilings to remove cobwebs.
3. Dust ledges and low moldings and mini blinds.
4. Spot clean doors and door frames to remove finger marks and stains.
5. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches.
6. Clean all entry area windows (interior and exterior).
Task List - Civic Center North Annex - Rialto Network
Due to specialized equipment housed in this facility, all cleaners and cleaning processes used in this building MUST be static free. Special care shall be taken around equipment in this facility.
Daily - Five (5) times a week - Monday, Tuesday, Wednesday, Thursday and Friday
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed
2. Thoroughly clean all flooring in office; vacuum carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions
3. Clean restrooms including mirrors and countertops.
Weekly
1. Dust desks, chairs, windowsills, and all other office furniture
2. Dust high moldings, doors, window casings, corners, and ceilings to remove cobwebs
3. Dust ledges and low moldings and mini blinds
4. Spot clean doors and door frames to remove finger marks and stains
5. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches
4872-4429-3132 v2 A-13
6. Clean all entry area windows and doors (interior and exterior) Task List - Fire Station
The following task list applies to Fire Station 201- Administrative Building Weekly
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
2. Thoroughly clean all flooring in office; vacuum carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions.
3. Clean and dust fronts and tops of counters in Lobby area.
4. Dust desks, chairs, windowsills, and all other office furniture.
5. Dust high moldings, doors, window casings, corners, and ceilings to remove cobwebs.
6. Dust ledges and low moldings and mini blinds.
7. Spot clean doors and door frames to remove finger marks and stains.
8. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches.
9. Clean all entry area windows and doors (interior and exterior).
10. Clean restrooms including mirrors and countertops.
Task List - Metrolink Depot
During inclement weather give particular attention to doorways and remove any tracking marks or excess moisture. Check the floor protection and mats to assure no moisture is trapped underneath.
Immediately correct or bring to staff’s attention all leaks or dampness within the building.
Daily - Seven (7) days a week - Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
2. Thoroughly clean all flooring in the building; vacuum any carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions.
3. Spot clean any partitions, door frames and door glass.
4. Spot clean doors, door frames, counters and around wall switches.
5. Clean exterior of water coolers and clean public telephones.
6. Clean restrooms including mirrors and countertops.
Weekly
1. Wipe down tables and chairs.
2. Dust moldings, doors, window casings, corners, and ceilings.
3. Clean doors, door frames, walls, and woodwork to remove finger marks and stains on walls and around wall switches.
4. Clean all entry area windows and doors (interior and exterior). 4872-4429-3132 v2 A-14
Police Department
1. General Police Department Facilities include Police Department Modules 1,2 and 3 and are to be cleaned seven (7) days per week (Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday).
2. On occasion the Firm’s Day staff may be asked to do tasks related to janitorial services by the Department staff. This may be done in lieu of another task scheduled for the day of equal effort and /or time.
3. Due to the sensitive nature of the Department’s operations, service to some areas are limited to once or twice a week and some areas may not be cleaned without Department supervision.
Those areas are list separately below.
Daily
1. Empty all exterior trash cans and reline with recyclable plastic liners and dispose of trash.
2. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
3. Thoroughly clean all flooring in building, including front lobby, hallways, and stairwells; vacuum carpeted flooring and mop all tiled, wood or hard surface flooring including stairwells, throughout the building and return all furniture to their original positions.
4. Wipe clean all handrails in stairwells.
5. Clean and dust fronts and tops of counters and display cases in Lobby area.
6. Dust desks, chairs, windowsills, and all other office furniture.
7. Dust moldings, doors, window casings, corners, and ceilings to remove cobwebs.
8. Dust ledges and low moldings and mini blinds.
9. Spot clean doors and door frames to remove finger marks and stains.
10. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches.
11. Holding cells and bench shall be mopped, bunk bed surface wiped down and toilets cleaned.
Any paper products or supplies should be left with the jailer or on the shelf outside of the cell.
12. Interview Room shall be mopped, table and chairs wiped down.
13. Tables and chairs in all break rooms or kitchen areas shall be wiped clean, sink cleaned, trash emptied.
Weekly
1. Empty exterior trash cans.
2. Clean all exterior ashtrays and sand urns.
3. Clean all interior windows.
4. Clean water coolers, including exteriors.
5. Completely dust or wipe clean desks, chairs, filing cabinets, and other office furniture.
6. Thoroughly clean front lobby including counters and door glass.
7. Clean all entry area windows and doors (interior and exterior).
4872-4429-3132 v2 A-15
Restrooms and Locker Rooms
The restrooms in all offices shall be cleaned on a daily basis, seven (7) days per week (Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday).
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
2. Sweep floor and damp mop floor with germicide cleaner.
3. Clean mirrors, metal fixtures, shelves, and dispensers.
4. Clean urinals, toilets, and basins with germicidal cleaner, descale and replace urinal cakes when necessary.
5. Clean showers - Thoroughly clean tile areas in restrooms and showers including removal of all soap deposits, hard water stains and mold.
6. Restock toilet tissue, paper towels, toilet seat covers and soap dispensers.
7. Damp wipe entrance doors, remove smudge marks, clean hardware, and ventilation louvers.
8. Spot clean walls, partitions, and ceiling.
9. Dust all horizontal surfaces.
10. Pour clean water down floor drains to prevent sewer gases from escaping.
Police Department’s Restricted Offices
o Command Staff and Administration Offices
o Professional Standards Office
o SCAT and Detective Offices
o Training and Personnel Offices
o Administration Offices
o Patrol Sergeants’ Office
o Records Office
o Information Technology (I.T.) Office
o Dispatch Supervisor’s Office
Due to the sensitive nature of the Department’s operations, service to these areas are limited to twice a week during the day and may not be cleaned without Department supervision.
Twice Weekly
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
2. Thoroughly clean all flooring in the office; vacuum carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions.
3. Dust desks, chairs, windowsills, and all other office furniture.
4. Dust high moldings, doors, window casings, corners, and ceilings to remove cobwebs.
5. Dust ledges and low moldings and mini blinds.
6. Spot clean doors and door frames to remove finger marks and stains.
7. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches.
4872-4429-3132 v2 A-16
The Police Department Annex
Due to the sensitive nature of the Department’s operations, service to this facility is limited to twice a week and some areas may not be cleaned without Department supervision. Services are limited to the conference room, office, and Kitchen Areas only.
Twice Weekly
1. Empty all wastebaskets, reline with recyclable plastic liners, and dispose of trash and clean wastebaskets with a disinfectant cleaner as needed.
2. Thoroughly clean all flooring in office; vacuum carpeted flooring and mop all tiled, wood, or hard surface flooring throughout the offices and return all furniture to their original positions
3. Clean and dust fronts and tops of counters in Lobby area
4. Dust desks, chairs, windowsills, and all other office furniture
5. Dust high moldings, doors, window casings, corners, and ceilings to remove cobwebs
6. Dust ledges and low moldings and mini blinds
7. Spot clean doors and door frames to remove finger marks and stains
8. Spot clean walls and woodwork to remove finger marks and stains on walls and around wall switches.
9. Clean all entry area and front lobby windows and doors (interior and exterior)
10. Clean restrooms including mirrors and countertops.
The Senior Center
The scope of work for the janitorial Firm will be limited to the following tasks seven (7) days per week (Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday):
1. Mop all hard surface floors daily.
2. Vacuum all carpeted surface floors daily.
3. Empty all interior trash daily.
4. Clean all restrooms daily.
5. Restock all toilet paper, paper towels and hand soap in all restrooms daily and replace urinal cakes as needed.
6. Dust all horizontal surfaces.
The Community Center
The scope of work for the janitorial Firm will be limited to the following tasks seven (7) days per week (Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday):
1. Mop all hard surface floors daily.
2. Vacuum all carpeted surface floors daily.
3. Empty all interior trash daily.
4. Clean all restrooms rooms daily.
5. Restock all toilet paper, paper towels and hand soap in all restrooms daily and replace urinal cakes as needed.
6. Empty all exterior trash.
4872-4429-3132 v2 A-17
The Simonson Center (AKA Fitness Center)
The scope of work for the janitorial firm will be limited to the following tasks seven (7) days per week (Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday):
1. Mop all hard surface floors daily.
2. Vacuum all carpeted surface floors daily.
3. Empty all interior trash daily.
4. Clean all restrooms, showers, and locker rooms daily.
5. Restock all toilet paper, paper towels and hand soap in all restrooms daily and replace urinal cakes as needed.
Childcare Sites
The scope of work for the janitorial firm will be limited to the following tasks five (5) days a week (Monday, Tuesday, Wednesday, Thursday, Friday):
1. Mop all hard surface floors daily.
2. Vacuum all carpeted surface floors daily.
3. Empty all interior trash daily.
4. Clean all restrooms daily.
5. Restock all toilet paper, paper towels and hand soap in all restrooms daily and replace urinal cakes as needed.
4872-4429-3132 v2 B-1
EXHIBIT “B”
“SCHEDULE OF COMPENSATION”
Not-to-exceed amount of $446,775.60 for fiscal year 2024.
4872-4429-3132 v2 C-1
EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed. This agreement is valid from July 1, 2024, through June 30, 2025.