CITY OF
Item No.
STAFF REPORT
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
PREPARED BY: Fermin Preciado, Director of Dev opment Services/City Engineer Scott Washburn, Deputy Director of Public Works
Todd Gutjahr, Public Works Analyst
SUBJECT: Award of Contract - Providing City -Wide Janitorial Services for City Facilities RECOMMENDATION:
That the City Council
Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with Apex Team Solutions of Corona, CA in the amount of $166,200 per year for Providing City -Wide Janitorial Services for City Facilities Program (Program) to the City of Yucaipa for Fiscal Years 2026/2027 and 2027/2028; and
2. Approve a contract contingency amount of $10,000 per year to be used for additional, on -call janitorial services as needed, for a total Program budget in the annual amount of $176,200; or
3. Provide further direction to staff.
BACKGROUND/DISCUSSION:
Since 2019, the City has contracted janitorial services for multiple public building facilities, including City Hall, the Yucaipa Police Station, the Yucaipa Business Incubator Center, the Yucaipa Community Center, the Scherer Community Center (Senior Center), the City Yard, and the Yucaipa Performing Arts Center.
On June 26, 2023, the City Council awarded Merchants Building Maintenance, LLC (MBM) of Pomona, California, the contract for Janitorial Services for City Facilities — Project No. 11172-3.
This contract expires on June 30, 2026.
On February 9, 2026, staff issued a Request for Qualifications/Proposals (RFQ/P) seeking city-wide janitorial services for fiscal years 2026/2027 and 2027/2028. The City received nine responses. Staff evaluated these proposals using the City's administrative qualifications -based selection process, considering each vendor's experience, service approach, and cost proposal.
Staff recommends awarding a two-year contract for city-wide janitorial services to Apex Team Solutions, in a not to exceed amount of $166,200 annually.
FISCAL IMPACT:
The total Program cost associated with this recommendation in the amount of $176,200 is included in the proposed FY27 Budget.
Attachments:
1. RFQ/P Summary
2. Contract Agreement
Approved by:
ATTACHMENT 1
City of
i
Proposal Name: Providing City -Wide Janitorial Services for City Facilities Staff Present: Todd Gutjahr, Debbie Shortlidge, Scott Washburn Fee Sheet
Addendum
Addendum
PROPOSER
ADDRESS
Included
1 2
1551 North Tustin Ave. #650
1 Allied Universal Janitorial Services
Santa Ana, CA 92705
X
X
X
271 N. Ott St. #23
2 jApex Team Solutions
Corona, CA 92822
X
X
X
16037 Valley View Ave.
3 Base Hill, Inc.
Santa Fe Springs, CA 90670
X
N/A
N/A*
1433 W. Central Park Ave. N.
4 Coastal Building Services
Anaheim, CA 92802
X
X
X
18000 Studebaker Rd. #700
5 1 Fammo Cleaning Service
Cerritos, CA 90703
X
X
X
21143 Hawthorne Blvd. #303
6 MarOrganica
Torrance, CA 90503
X
X
X
435 W. Mission Blvd. #100
7 Merchants Building Maintenance, LLC
Pomona, CA 91766
X
X
X
15644 Palomino Dr.
8 Santa Fe Janitorial/Maint Services, Inc.
Chino Hills, CA 91709
X
X
I X
14666 Doolittle Dr
9 Service Leader LLC
San Leandro, CA 94577
X
N/A
N/A
* Base Hill included Addendum No. 2 Price Sheet
ATTACHMENT 2
GOODS AND SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA,
A CALIFORNIA MUNICIPAL CORPORATION
JONCO ENTERPRISES, INC.
A TEXAS CORPORATION DBA APEX TEAM SOLUTIONS
CITY OF
7 Form Approved 2/10/2023
GOODS AND SERVICES AGREEMENT
FOR PROVIDING CITY-WIDE JANITORIAL SERVICES FOR CITY FACILITIES
TO THE CITY OF YUCAIPA
BETWEEN THE CITY OF YUCAIPA AND JONCO ENTERPRISES, INC.
DBA APEX TEAM SOLUTIONS
THIS GOODS AND SERVICES AGREEMENT ("Agreement") is made and entered into this 111h day of May 2026 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and Jonco Enterprises, Inc. a Texas Corporation dba Apex Team Solutions ("Vendor"). For the purposes of this Agreement, City and Vendor are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
1. City has sought by Request for Qualifications/Proposals to provide city-wide janitorial services for City facilities to the City of Yucaipa as defined and described particularly in Section 2, "Scope of Services" of this Agreement.
2. Vendor desires to perform and assume responsibility for providing city-wide janitorial services for City facilities to the City of Yucaipa required by the City on the terms and conditions set forth in this Agreement.
3. Vendor represents that it has the required competence and qualifications necessary to provide city-wide janitorial services for City facilities to the City of Yucaipa.
4. The Parties desire to formalize the selection of Vendor to provide city-wide janitorial services for City facilities services to the City of Yucaipa as defined and described particularly in Section 2 "Scope of Services" of this Agreement and desire that the term of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and 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:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 31, 2028 commencing on May 11, 2026, unless otherwise extended by written agreement of the Parties (The City reserves the right to extend this contract for one additional three-year period, under the same terms and conditions as the original contract, no later than ninety (90) days prior notice in writing of its intention to exercise this option). Vendor
shall complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines.
SECTION 2. SCOPE OF SERVICES
(a) Performance outlined in this agreement shall commence on July 1, 2026. (b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Services"), and the City agrees to retain and does hereby retain Vendor for the Services.
(c) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Goods"). Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement.
Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.
SECTION 4. ADDITIONAL WORK
At any time during the Term of this Agreement, City may request that Vendor perform "Additional Work." As used herein, "Additional Work" means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 26 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.
SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit `B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $166,200 per fiscal year ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 26 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. (b) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.
(c) If this Agreement is extended pursuant to Section 1 "Term of Agreement," the City shall pay the same rates specified in Exhibit "B" "Compensation." (d) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.
SECTION 6. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be delivered to City at the address set forth in Section 21, "Notices" hereof.
(b) Vendor shall at any time prior to the fifteenth (15"') of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly bases, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.
(d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor's correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the
Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor shall have no authority to bind City in any manner, nor 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. (b) The personnel performing providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor's officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor's officers, employees or agents, shall obtain any rights to retirement, health care, workers' compensation, disability, or any other benefits which may otherwise accrue to City's employees. Vendor expressly waives any claim Vendor may have to any such rights.
SECTION H. ACCEPTANCE OF GOODS
(a) The Goods shall be received subject to City'. s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City's specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 "Indemnification" and Section 20 "Insurance." (b) If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor's risk for a reasonable time thereafter and shall be returned or disposed of at Vendor's expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.
SECTION 9. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor's work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Vendor's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Vendor's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 "Indemnification" and Section 20 "Insurance."
SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor's staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor's staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.
SECTION 11. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Vendor's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section. (b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Vendor shall specifically be aware of the CARB limits and requirements' application to "portable equipment," which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Vendor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal. Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. i. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor's non-compliance with the laws, regulations and policies described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.
Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.
SECTION 13. PREVAILING WAGE LAWS
(a) Vendor 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 16000, 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. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is one - thousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor's principal place of business and at the project site. Vendor shall defend, indemnify and hold the 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. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Vendor's sole responsibility to comply with all applicable registration and labor compliance requirements.
SECTION 14. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave, reproductive health decision making, genetic information, gender, gender identity, veteran military status, or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 15. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and life saving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.
SECTION 16. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
SECTION 17. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by City. If Vendor disputes City's decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.
SECTION 18. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Vendor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Goods and/or Services
provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control.
Vendor's duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
(b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Vendor and shall survive the termination of this Agreement and this section.
SECTION 19. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall'be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.
SECTION 20. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor's possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 "Method of Payment and Invoicing" of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 6 "Method of Payment and Invoicing" of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable
value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.
Yucaipa, CA 92399
To Vendor: Jonco Enterprises, Inc. DBA Apex Team Solutions Attn: Brandi Jones, CEO
271 N. Ott St. #23
Corona, CA 92882
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed,.three (3) days after deposit of the same in the. custody of the United States Postal Service.
SECTION 22. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 23. ASSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
SECTION 24. 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 nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 25. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Yucaipa Municipal Code.
SECTION 27. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Yucaipa Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. CONFLICTS OF INTEREST
(a) Vendor 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 Vendor's ability to provide the Goods and/or Services. Vendor 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 City Manager. Vendor 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. (b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non -related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non -related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.
SECTION 29. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie
exclusively in the County of San Bernardino, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California in Riverside.
SECTION 30. ATTORNEY'S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
GOODS AND SERVICES AGREEMENT
FOR PROVIDING CITY-WIDE JANITORIAL SERVICES FOR CITY FACILITIES
TO THE CITY OF YUCAIPA BETWEEN THE CITY OF YUCAIPA AND JONCO ENTERPRISES, INC. DBA APEX TEAM SOLUTIONS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
CITY CLERK
IN
APPROVED AS TO FORM:
CITY ATTORNEY
ON
CITY OF YUCAIPA
Dr. Sean M. Moore
City Manager
VENDOR
Un
Its:
EXHIBIT "A"
SCOPE OF SERVICES
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3 PROJECT APPROACH AND METHODOLOGY
Project Approach and Methodology
Apex Team Solutions will provide comprehensive janitorial services designed to maintain the City of Yucaipa's facilities in a clean, sanitary, and well -maintained condition while supporting safe and efficient operations for City staff and the public. Our approach focuses on structured service planning, trained personnel, routine inspections, and responsive communication with City representatives to ensure all services are performed consistently and in accordance with the specifications outlined in the Request for Qualifications/Proposals.
Our custodial program combines daily cleaning services, periodic maintenance, and scheduled deep cleaning activities to maintain both high -traffic public spaces and administrative work environments.
Services will be performed during designated cleaning hours to minimize disruption to City operations while ensuring that facilities remain presentable, sanitary, and ready for daily use.
Apex Team Solutions will assign trained custodial personnel supported by supervisory staff responsible for quality inspections, service coordination, and communication with City representatives. Cleaning staff will follow structured work plans speck to each facility and will perform services using professional equipment and environmentally responsible cleaning products. All work will be conducted in compliance With OSHA safety standards, public health guidelines, and applicable facility security requirements.
Routine inspections and quality control procedures will be conducted to verify service completion, identify maintenance concerns, and ensure consistent service performance across all City facilities. Our team will maintain clear communication with the City's designated representatives to address operational needs, schedule adjustments, or special service requests as they arise.
City Hall':
Office cleaning,
Ftcor care and
Window spot
Carpet extraction
restroom
detailed surface
cleaning and high
and floor
'Police station
Restroom
Floor care and
Vent cleaning and
Carpet cleaning
sanitation, office
equipment
high dusting
and floor
:.
Yucaipa `:
Public area
Entryways and
Window cleaning
Carpet extraction
Community
cleaning, restroom
activity space
and high dusting
and deep cleaning
Scherer-�
Dining areas,
Floor care and
Window cleaning
Floor refinishing
Community
restrooms, and
surface sanitation
and dusting
and deep
Yucaipa.
Lobby cleaning,
Seating area
Window cleaning
Carpet extraction
Perfor"ngArts
restroom
cleaning and floor
and high dusting
and floor
City:Yard
f Office cleaning,
Floor care and
Window cleaning
Deep cleaning and
-
restroom
operational area
and high dusting
floor maintenance
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3 PROJECT APPROACH AND METHODOLOGY
Quality Control and Inspection Procedures
Apex Team Solutions maintains a structured quality control program designed to ensure that all janitorial services are performed consistently, efficiently, and in accordance with the City of Yucaipa's facility standards. Our quality assurance process combines routine supervisory inspections, documented service verification, and responsive communication with City representatives to ensure that all work is completed properly and that any service concerns are addressed promptly.
Supervisory staff will conduct routine inspections of assigned facilities to verify that all required cleaning tasks have been completed according to the service schedule and facility specifications. These inspections allow supervisors to confirm service quality, identify areas requiring additional attention, and ensure that cleaning personnel are following established procedures and safety practices.
Cleaning staff follow detailed task schedules and facility -specific checklists designed to ensure that daily, weekly, and periodic services are completed consistently. These checklists provide accountability and ensure that all required services are performed according to the City's standards.
To support operational oversight and documentation, Apex Team Solutions utilizes several technology -based management platforms:
SafeSite: Used for safety inspections, incident reporting, and quality assurance documentation. Supervisors conduct digital safety inspections and record observations to ensure safe working practices and consistent service performance.
JSuite: Provides operational management tools including work order tracking, task management, and service documentation. This system allows supervisors and management to monitor service completion, track facility needs, and document operational activities across all service locations.
Homebase: Supports workforce management including employee scheduling, time tracking, and shift coordination. This platform helps ensure proper staffing levels, accurate attendance records, and effective scheduling for evening and overnight service operations.
Together, these systems allow Apex Team Solutions to maintain accurate records, monitor service performance, and respond quickly to operational needs while providing transparency and accountability in service delivery, If any service deficiencies are identified during inspections, corrective actions are implemented immediately.
Supervisors will communicate directly with cleaning personnel to address the issue and verify that the necessary corrections have been completed. This process ensures that service standards are consistently maintained across all facilities.
Apex Team Solutions believes that consistent communication with the client is essential to maintaining high service standards. Supervisors will remain available to coordinate with the City's designated representatives regarding inspection results, service adjustments, or special service requests. Our goal is to ensure that all City facilities remain clean, safe, and well -maintained while providing dependable service throughout the duration of the contract.
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3 PROJECT APPROACH AND METHODOLOGY
Waste Diversion and Recycling Practices
Apex Team Solutions is committed to supporting environmentally responsible facility operations through effective waste diversion and recycling practices. Our janitorial program incorporates procedures designed to properly separate waste materials, reduce landfill disposal, and support the City of Yucaipa's sustainability objectives.
Cleaning personnel are trained to identify and separate recyclable materials during routine cleaning activities. Recyclable materials such as paper, cardboard, plastics, and other designated recyclable items are collected and placed in appropriate recycling containers according to facility guidelines. Staff ensure that recycling containers are serviced regularly to prevent overflow and maintain clean public spaces.
Our team also supports waste diversion through responsible product selection and cleaning practices.
Apex Team Solutions utilizes environmentally responsible cleaning products and equipment designed to reduce environmental impact while maintaining effective sanitation and facility cleanliness. High - efficiency equipment, including HEPA-filter vacuums and microfiber cleaning systems, helps reduce waste and improve cleaning performance.
In addition to routine recycling practices, our staff remain attentive to waste management conditions throughout City facilities. If improper waste disposal or recycling issues are observed, supervisors will notify the City's designated representatives so corrective actions can be taken. This proactive approach supports proper recycling practices and helps maintain clean and organized waste collection areas.
Through consistent waste separation practices, environmentally responsible cleaning products, and staff awareness training, Apex Team Solutions will support the City's efforts to promote sustainability while maintaining clean and well -managed facilities.
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4. PERSONNEL AND STAFFING
Key Personnel and Responsible Representative
Apex Team Solutions will assign an experienced management team responsible for overseeing all janitorial operations for the City of Yucaipa facilities. Our leadership structure ensures clear accountability, consistent service performance, and responsive communication with City representatives. The management team provides executive oversight, operational management, and technical field support to ensure that all services are delivered in accordance with the requirements of the contract.
Responsible Representative and Executive Leadership
Brandi Jones, Chief Executive Officer of Apex Team Solutions, will serve as the Responsible Representative for this contract. In this role, Ms. Jones provides executive leadership and overall oversight of the contract to ensure full compliance with the City's service requirements, operational standards, and contractual obligations. She maintains accountability for performance outcomes, resource allocation, and communication with City leadership when necessary.
Operational Management
Michelle A. Smith, General Manager, oversees all day-to-day operational activities associated with the contract. Ms. Smith is responsible for staffing coordination, scheduling, supervision of cleaning personnel, and ongoing performance monitoring to ensure that each facility is serviced exactly as specified. She works closely with supervisors and custodial staff to maintain consistent service delivery and address operational needs as they arise.
Technical Oversight
Cloys Jones, Facilities Manager, provides technical field -level leadership and operational support to ensure that all custodial teams are property equipped and trained to service the City's facilities. Mr.
Jones supports operational planning, equipment deployment, and specialized cleaning procedures to ensure that all services are performed safely and efficiently in accordance with facility requirements.
Experience and Management Qualifications
Apex Team Solutions assigns experienced personnel to all supervisory and management roles supporting this contract. Members of the management team meet or exceed the required experience levels for janitorial operations, including a minimurn of three years of management experience and two years of supervisory experience in facility services operations. This leadership structure ensures effective supervision, clear communication, and dependable service performance across all assigned City facilities.
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4. PERSONNEL AND STAFFING
Employee Qualifications and Training
Apex Team Solutions assigns trained and qualified personnel to perform all janitorial services required under this contract. Our workforce is composed of professional custodial staff who receive ongoing training in cleaning procedures, safety practices, equipment operation, and facility service standards to ensure consistent and reliable service delivery.
All employees assigned to City facilities are properly screened prior to assignment. Staff members are subject to background checks, employment verification, and eligibility confirmation to ensure they meet the security expectations associated with servicing government facilities. This process helps maintain a safe working environment for City personnel, visitors, and Apex Team Solutions staff.
New employees participate in an onboarding program designed to familiarize them with company policies, cleaning procedures, safety requirements, and the specific service expectations associated with municipal facilities. During this process, staff receive instruction on the proper use of cleaning products, equipment operation, and sanitation procedures necessary to maintain high standards of cleanliness and facility safety.
Ongoing training is provided to ensure employees remain current with best practices in janitorial services. Training topics include proper chemical handling, equipment operation, workplace safety practices, and effective cleaning techniques for various facility environments such as administrative offices, public -use spaces, and high -traffic areas. Employees are also trained to identify potential maintenance issues and report them promptly to supervisors.
Safety training is an essential component of Apex Team Solutions' workforce development program.
Employees receive instruction on OSHA safety standards, hazard awareness, safe equipment operation, and proper lifting techniques to reduce workplace injuries and ensure safe service delivery.
Safety inspections and ongoing safety monitoring are supported through the SafeSite platform, which allows supervisors to document inspections, report incidents, and maintain safety compliance records.
Through structured onboarding, ongoing training programs, and strong supervisory support, Apex Team Solutions ensures that all personnel assigned to City facilities are prepared to perform their duties safely, professionally, and in accordance with the City of Yucaipa's service expectations.
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4. PERSONNEL AND STAFFING
Staffing Plan and Background Check Compliance
Apex Team Solutions will provide a structured staffing plan designed to ensure that all City of Yucaipa facilities receive consistent, reliable, and high -quality janitorial services. Our staffing approach combines trained custodial personnel, active supervision, and cross-tralned team members to maintain consistent service performance across all assigned facilities.
Dedicated custodial staff will be assigned to the City's facilities based on service requirements, facility size, and operational needs. Staff schedules will be coordinated to ensure that all required daily and periodic cleaning tasks are completed efficiently and without disruption to City operations. Services will be performed during designated evening service hours to allow cleaning activities to take place when facilities are not in primary use.
Supervisory personnel will oversee custodial staff assignments, monitor service completion, and conduct periodic inspections to ensure that all work is performed in accordance with the City's specifications. Supervisors will also serve as the primary point of contact for operational coordination, ensuring that staffing levels remain appropriate and that any service adjustments are implemented promptly.
To maintain consistent coverage, Apex Team Solutions utilizes cross -trained personnel who can provide additional support when necessary. This staffing flexibility allows our team to respond effectively to employee absences, increased facility usage, or special service requests while maintaining uninterrupted service.
All personnel assigned to City facilities will undergo background screening prior to assignment. Apex Team Solutions complies with all required security screening procedures, including Live Scan fingerprinting and background checks conducted through the Yucaipa Police Department or San Bernardino County Sheriff's Department as required by the City. This process ensures that personnel assigned to City facilities meet all security and professional conduct standards necessary to work in municipal environments, including sensitive areas such as the Police Department. Apex Team Solutions will coordinate with the City to ensure that all required background screening documentation and approvals are completed prior to employee assignment.
Through structured staffing assignments, trained supervisory oversight, and comprehensive background screening procedures, Apex Team Solutions will provide dependable custodial personnel who are prepared to maintain the City's facilities safely, professionally, and in accordance with contract requirements.
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5.WORK SCHEDULE AND OPERATIONS
Sequence of Work and Operational Approach
Apex Team Solutions will perform janitorial services for the City of Yucaipa using a structured operational approach designed to ensure that all facilities are cleaned efficiently, safely, and in accordance with the service specifications outlined in this solicitation. Our service program follows a consistent sequence of work that allows cleaning personnel to complete required tasks methodically while maintaining high sanitation standards across all assigned facilities.
Services will be performed during the designated evening cleaning window between 8:00 p.m. and 6:00 a.m., allowing custodial staff to complete work when facilities are not in primary use. This scheduling approach helps minimize disruption to City staff and public operations while ensuring that all buildings are clean and ready for the next day's activities.
Each service shift will begin with staff check -in and preparation. Supervisors will confirm staffing assignments, review facility priorities, and ensure that afl cleaning equipment, supplies, and safety materials are properly prepared for the evening's work. Personnel will then proceed to assigned facilities according to the service schedule.
Cleaning activities will follow a consistent workflow designed to maximize efficiency and maintain sanitation standards:
• Staff will begin by removing trash and recyclables from designated areas and servicing waste receptacles. This step helps clear workspaces and prepares facilities for detailed cleaning activities.
• Following waste removal, staff will perform restroom sanitation and supply replenishment to ensure that these high -use areas are fully serviced early in the cleaning process. • After sanitation tasks are completed, custodial staff will proceed with cleaning of offices, common areas, hallways, and public spaces. This work includes dusting surfaces, disinfecting high -touch areas, spot cleaning glass and fixtures, and maintaining counters, desks, and public service areas. • Floor care tasks will then be performed, including vacuuming, sweeping, and mopping of floors depending on the surface type and facility requirements.
Periodic and specialty cleaning services such as floor refinishing, carpet extraction, high dusting, and window cleaning will be scheduled according to the facility maintenance schedule and performed during designated service periods to ensure that routine operations are not disrupted.
Before the end of each shift, staff will complete a final walkthrough to confirm that all assigned tasks have been completed and that facilities are left in a clean, orderly condition. Supervisors may conduct spot inspections to verify service quality and ensure that cleaning standards have been maintained.
Through this structured sequence of work, Apex Team Solutions will maintain consistent service delivery, efficient task completion, and high sanitation standards across all City of Yucaipa facilities. 18 ATS TTho riry cf vucdpa
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5. WORK SCHEDULE AND OPERATIONS
Cleaning Hours and Shift Operations
Apex Team Solutions will perform janitorial services during the designated service window between 8:00 p.m. and 6:00 a.m., allowing custodial work to occur outside of normal operating hours and minimizing disruption to City staff and public operations. Cleaning crews will be scheduled according to the specific service requirements of each facility and the operational schedules identified by the City.
Shift assignments will be coordinated by supervisory personnel to ensure that adequate staffing is available for all facilities and that required daily and periodic cleaning tasks are completed efficiently.
Staff scheduling will also allow for flexibility to accommodate facility events, operational changes, or special service requests.
The facility -specific service schedule provided below outlines the general service coverage and cleaning windows for each City facility included in this contract.
Apex Team Solutions is committed to delivering dependable janitorial services that consistently meet the City of Yucaipa's expectations for cleanliness, safety, and professionalism. Our management team and custodial staff take pride in maintaining high service standards and responding promptly to the needs of the facilities we serve.
We believe that consistent communication, reliable staffing, and attention to detail are essential to maintaining strong client relationships. Apex Team Solutions will work closely with the City's representatives to ensure that all facilities remain clean, well -maintained, and ready for daily operations. Our team is dedicated to providing responsive service and maintaining a high level of client satisfaction throughout the duration of the contract.
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5. WORK SCHEDULE AND OPERATIONS
Facilitv Service Schedule
Office cleaning,
f
restroom sanitation,
City,Ki Monday - Sunday 8:00 PM - 6:00 AM i trash removal, floor j care, lobby and public
area maintenance
j Secure area cleaning,
Sunday - Thursday i restroom sanitation,
Pollce:Station:. { 8:00 PM - 6:00 AM
t Nights
( office cleaning, waste
Ii removal, floor care
Public area cleaning,
Y. caipa. ommuriity ' Monday - Saturday restroom sanitation, ,Cerifer , � Nights
8:00 PM - 6:00 AM trash removal, floor
care, activity space
maintenance
Dining area sanitation,
Scherer.. -Community: restroom maintenance,
Monday - Friday
Center:% Nutrition{ 8:00 PM - 6:00 AM trash removal, floor Nights ;
Center care, common area
cleaning
Lobby cleaning,
restroom sanitation,
Yucaipa Performing.-, Monday - Sunday
Arts Center Mornings 5:00 AM - 8:00 AM sealing areas, event space turnover
cleaning
Office cleaning,
- restroom sanitation,
Sunday - Thursday
City -Yard + 18:00 PM - 6:00 AM trash removal,
Nights
operational area
A
cleaning
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EXHIBIT "B"
COMPENSATION
Compensation for the Services shall not exceed $166,200 per fiscal year.
EXHIBIT "C"
INSURANCE
(A) INSURANCE REQUIREMENTS. Vendor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Vendor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Vendor shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Vendor shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO "insured contract" language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Vendor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
WORKERS' COMPENSATION INSURANCE. Vendor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
0 Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. 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 Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Vendor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute to it.
Notice of Cancellation
Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and Sub - Contractors.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.