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HomeMy WebLinkAboutAGENDA REPORT 2000 0517 CC REG ITEM 11HrrENr Y +n[�1 fin; ?90... \Lke If- OR, CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Gwen Indermill, Recreation Superintendent DATE: April 18, 2000 (City Council Meeting of May 17, 2000) SUBJECT: Consider Award of an Agreement for Janitorial Services with Kelly Cleaning & Supply Company DISCUSSION In 1998 the City entered into a one -year contract for janitorial services with, Kelly Cleaning and Supply Company at a cost of $860 monthly, for weekday service at Arroyo Vista Recreation Center. At the end of one -year, this contract was extended by Council for an additional one -year period at a cost of $860.00 per month. The present agreement is scheduled to expire June 30, 2000. Staff solicited bids for janitorial services, and received five contractor proposals. Kelly Cleaning & Supplies, the City's current contractor, submitted the lowest bid. Under the proposed contract, the monthly fee is $960 per month. The period would be July 1, 2000 to June 30, 2001. This agreement provides the City with an option to extend the agreement for two additional one -year terms. Contractor Proposals Monthly cost Complete Building Maintenance $1,513.00 Bobby's Cleaning Service $1,000.00 E.C. Janitorial Inc. $1,179.26 Expert Building Maintenance $1,075.00 Kelly Cleaning & Supplies $960.00 Staff has evaluated the services provided by Kelly Cleaning & Supply. It is recommended that Council award an agreement (See Attachment A) , for janitorial services at Arroyo Vista Recreation Center and Gymnasium to Kelly Cleaning & Supplies. OOOJ -32 Kelly Contract 2000 Page 2 STAFF RECOMMENDATION Award an agreement to Kelly Cleaning and Supply Services at a cost not to exceed $960 per month, for janitorial service for Arroyo Vista Recreation Center and Gymnasium, and authorize the City Manager to sign the agreement on behalf of the City. 00013 ATTACHMENT A CONTRACT FOR JANITORIAL SERVICES FOR THE CITY OF MOORPARK THIS CONTRACT, made and entered into this day of , 2000 by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and KELLY CLEANING & SUPPLIES, hereinafter referred to as "Contractor ". WITNESSETH Whereas, the City is desirous of obtaining janitorial services to be performed in certain City facilities as noted herein; and, Whereas, the City and Contractor have discussed and agreed to a scope of work and fee for said services, as described herein. NOW, THEREFORE, it is hereby agreed by and between the parties that: 1. TERM: This Contract will become effective on July 1, 2000, when the Contractor commences the service, and will expire on June 30, 2001, unless sooner terminated as provided hereinafter. The City shall have the exclusive option to extend this agreement for two (2) additional one (1) year periods. 2. SCOPE OF SERVICES: Contractor agrees to perform for, and furnish to, the City the services described in Exhibits A, Scope of Service, as attached hereto. 3. PAYMENT: Upon satisfactory performance of the services herein above described in "scope of services ", Contractor shall receive compensation an amount not to exceed $960.00 per month without prior written authorization by the City. Payment shall be made by City within thirty -five (35) days of receipt of invoice by Contractor, except for those which are contested/questioned and are returned by the City with written explanation within thirty (30) days of receipt of invoice. In the event the Contractor fails to provide service on a given day, the City shall withhold an amount equal to the pro rata daily cost. The City may request in writing additional services that increase the herein above described "Scope of 000134 Services ". As mutually agreed upon in writing, an additional fee shall be paid to Contractor for said authorized additional services. 4. SURETY: Contractor shall provide the equivalent of ten percent (10 %) of the contract award in cash or an irrevocable letter of credit in a form approved by the City to guarantee performance. 5. TIME FOR PERFORMANCE: Contractor agrees that it shall diligently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall begin immediately upon the execution of this Agreement in accordance with the Project. 7. IMPOSITION OF DAMAGES: If at any time the Director of Community Services determines that the Contractor's performance pursuant to this Contract has not been in conformity with the provisions of this Contract the Director of Community Services or Director of Community Services designee may advise Contractor in writing of such deficiencies. The Director of Community Services or Director of Community Services designee shall, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified by the Director of Community Services or Director of Community Services designee, a reasonable time for correction shall be seven (7) calendar days, upon written notification. In the event Contractor fails to correct deficiencies as prescribed or perform pursuant to this Contract, City may impose liquidated damages. In addition to liquidated damages, City shall have the right to provide said deficient services by other means and to bill Contractor for all costs including City's administrative costs. Any such cost shall be deducted from the Contractor's payment. If Contractor continues to fail to correct deficiencies, the City, at its sole discretion, may find Contractor in default and in breach of contract and fine Contractor Liquidated Damages pursuant to Section 8. 8. LIQUIDATED DAMAGES: Pursuant to Section 7, the City may, at its sole discretion, assess liquidated damages. Contractor agrees that any deficiency not corrected in the prescribed time frame will result in damage and injury to the City. City and Contractor agrees that actual damages occurring to the City as a result of any one or more deficiencies, on a given day, will be difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, City and Contractor agree that for each individual deficiency incident not corrected, Contractor shall pay to City, as and for liquidated damages, and not as a penalty, the sum of $25 per deficiency each day that the deficiency remains until corrected. 2 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 000136 9. BREACH OF CONTRACT: If Contractor defaults in this Agreement, it shall have three (3) days after receipt of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. BANKRUPTCY: City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on Contractor, if any of the following should occur to Contractor: a. Be adjudged bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Suffer any judgment against it to remain unsatisfied or unbounded of record for thirty (30) days or longer; or Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 11. OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension, or abandonment of this Agreement, all original documents, designs, drawings and notes, if any, prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Contractor. 12. INDEPENDENT CONTRACTOR: Contractor is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, servants or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, servants and agents, except as herein set forth. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, servants, or agents are in any manner officers, employees, servants, or agents of City. 13. LEGAL RESPONSIBILITIES: Contractor shall keep itself informed of all state and federal laws and regulations which in any manner affect those 3 \ \MOR_PRI_sERv\ home _folders \MLindley \RECREAT \AVRC custodial.doc 000136 employed by it or in any way affect the performance of its services pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Contractor shall not pay less than the prevailing wages issued by the Director of the California Department of Industrial Relations. Contractor shall at all times observe and comply with all such laws and regulations. The City and its officers, employees, servants, and agents shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. 14. NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to: City: City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 Attn: Director of Community Services Contractor: Kelly Cleaning & Supplies 1645 Donlon Street #101 Ventura, CA 93003 Attn: Margo Kelly Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notice shall be deemed to have been served seventy -two (72) hours after the same has been deposited in the United States Postal Service. This shall be a valid and sufficient service of notice for all purposes. 15. ASSIGNMENT: Contractor shall not assign this contract, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that the Contractor is uniquely qualified to perform the services provided for in this Agreement. 16. LIABILITY INSURANCE: Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California, with a Best Rating / FPR of no less than A -, pay for, and maintain in full force and effect for the duration of this Agreement a policy of comprehensive liability insurance and shall furnish a Certificate of Liability Insurance to the Director of Community Services of City before execution of this Agreement by City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered 4 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 000131 by the policy shall: a. Include City as an additional insured covering the services to be performed under this Agreement, whether liability is attributable to Contractor or City. b. Provide the following minimum limits: Bodily Injury - $1,000,000 each person $1,000,000 each occurrence $1,000,000 aggregated products & completed operations Property Damage - $1,000,000 each occurrence $1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. Contractor may file insurance acceptable to City covering more than one project. C. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of amendment or cancellation of such policy for any reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective. d. The policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self - insured retention the City may have, and any other insurance the City does possess shall be considered excess and shall not contribute to it. C. Be written on an occurrence basis. Contractor shall further provide general public liability including automobile liability and property damage insurance in an amount not less than One Million dollars ($1,000,000) per occurrence and annual aggregate. 17. INDEMNIFICATION: Contractor shall hold harmless, indemnify, and defend City and all of its officers, employees, servants and agents from any claim, demand, damage, liability, loss, cost, or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, or errors or omissions of Contractor or any of its officers, employees, servants or agents in the performance of this Agreement, except such damage as is 5 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 000136 caused by sole negligence of City or any of its officers, employees, servants, or agents. 18. BOND: Contractor shall secure and maintain a performance bond for the term of this Contract that shall cover and guarantee the faithful performance of the Contractor and its employees and agents. The Bond shall protect the City against acts of dishonesty, theft, disappearance, and destruction of City property resulting from action of Contractor's employees or agents of the Contractor. The bond shall be executed by a responsible corporate surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The bond shall be for a minimum limit of $1,000,000, and $5,000 limit per occurrence. Contractor shall provide City a copy of its bond certificate prior to the first day service is to be provided. 19. WORKERS' COMPENSATION INSURANCE: Before execution of this Agreement by City, Contractor shall file with the Director of Community Services of City the following signed certification: "I am aware of, and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self - insurance before commencing any of the work." Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Director of Community Services of City before execution of this Agreement by City. The City and its officers, employees, servants and agents shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this section. Every compensation insurance policy shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of amendment or cancellation of such policy for any reason whatsoever, City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the amendment or cancellation is effective. 20. ATTORNEY'S FEES: If any action at law or suit in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and necessary disbursements, in addition to any other relief to which it may be entitled. 21. ENTIRE AGREEMENT: This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned 6 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 0001,3 3 herein or incidental hereto and supersede all negotiations and prior writing with respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 22. EFFECTIVE DATE AND NUMBER OF COPIES: This Agreement is made in two (2) duplicate originals and shall be effective from and after the date it is signed by the representatives of City. 23. GOVERNING LAW: This Agreement shall be governed by, and constructed in accordance with, the laws of the State of California. 24. VENUE: This Agreement is made, entered into, executed and is to be performed in Moorpark, Ventura County, California, and any action filed in any court for interpretation, enforcement or breach otherwise of the terms, covenants and conditions of this Agreement shall be filed in the applicable court in Ventura County, California. 25. CITY'S AGENT: The Director of Community Services or his/her designated representative shall have the right to review, coordinate and approve all work to be performed by Contractor pursuant to the terms of this Agreement and shall be the City's agent with respect to review, coordination and acceptance of the services to be performed by the Contractor. 26. INTERPRETATION OF AGREEMENT: Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared jointly and equally, by the parties and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 27. CAPTIONS: The captions of the various sections of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof. 28. TERMINATION: This Agreement, or portions thereof, may be terminated or canceled in any one of the following manners: a By mutual agreement of both parties, b Upon five (5) days written notice by City, with or without cause, c Upon thirty (30) days written notice by Contractor, with or without cause, 7 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 0001A4 4) d If in the sole subjective judgement of City at any time or times after the commencement of the term of this Agreement, Contractor fails to perform the services required of it or fails to perform such services in accordance with the terms hereof, the City upon at least seventy-two (72) hours written notice to Contractor, and without prejudice to any other remedies the City may have, may terminate this Agreement and Contractor's services and any obligations the City may have under this Agreement. The written notice shall instruct Contractor to cease its services as of a specified date, and City shall have no further obligation to pay for services tendered or otherwise. 29. CONFLICT In consideration of the award of this contract, Contractor agrees that if there is a conflict, repetition, or ambiguity between any of the contracts, or a conflict within any document, the City shall at its sole discretion determine which documents or provisions shall govern. IN WITNESS WHEREOF, the parties; hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK CONTRACTOR Steven Kueny, City Manager Title Date Date ATTEST: Deborah Traffenstedt, City Clerk 8 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 0001, d—:i Exhibit `A' CONTRACT FOR JANITORIAL SERVICES SERVICES Contractor agrees to provide janitorial services for the Arroyo Vista Recreation Center (AVRC) and Gymnasium Monday through Friday, including all holidays with the exception of New Years Day, Thanksgiving, and Christmas, between the hours of 10:00 p.m. and 1 a.m. The City reserves the right to adjust the hours that Contractor performs janitorial services under the Contract, upon mutual consent of Contractor. Contractor shall be provided with a set of keys, which the Contractor shall sign for denoting the number and type of key provided, the alarm code for AVRC, and a space to install its own lock on the Arroyo Vista Community Park (AVCP) entry gates. Contractor agrees to be responsible for disarming the facility upon entry and for fully locking and alarming the building at the completion of each shift and relocking the AVCP entry gates upon entry to the Park and upon exiting. The Contractor further agrees that the facility shall never be left unattended unless fully locked and alarmed. Contractor agrees that failure to fully secure the facility can result in liquidated damages. The City agrees to notify Contractor in writing when the alarm code for AVRC has been changed. Upon termination of this Agreement, Contractor shall return all keys provide by City. Contractor agrees to provide and be responsible for the maintenance of their own tools of the trade for cleaning, sanitary cleaning supplies, equipment, materials, and solutions as is required to satisfactorily perform the Scope of Service under this Contract. This includes but is not limited to: commercial grade vacuum cleaner, carpet steam cleaner, floor scrubbing machine, floor buffing machine, broom, mop, floor buffing pads, cleaning brushes, cloth towels, detergent, disinfectant, other cleaning solvents. City shall be responsible for providing routine and daily sanitary and cleaning supplies necessary for performing work (unless otherwise specified), all paper supplies associated with this Contract, liquid soap for dispensers, trash can liners, feminine sanitary supplies and solution for cleaning the hardwood floors in the gym. City reserves the right to amend this Contract to include paper supplies, liquid soap, and trash liners at its cost. A. ARROYO VISTA RECREATION CENTER OFFICE, MEETING ROOMS, LOBBY AND KITCHEN Daily schedule Pick up litter, empty all trash containers, and replace container liners. Discard trash and recycling materials into approved trash bins. 3. Vacuum all floors and entry mats (carpeted and non - carpeted). 00013 4. Wet mop kitchen and dance room floors as needed (minimum of three (3) days /week using a cleaning solution. 5. Spot clean carpets by hand, where needed, using appropriate carpet cleaner solution. 6. Clean counters in kitchen and dance room with cleaning solution. Clean the sinks in kitchen with cleanser. 7. Wash walls and doors where needed with wet sponge and cleaning solution. 8. Clean door windows in the lobby with window cleaning solution. 9. With wet sponge and appropriate cleaning solution, wipe down surfaces of kitchen equipment (including - refrigerator, stove, oven, microwave). 10. Clean mirrors in the dance room with window cleaning solution. 11. Clean and disinfect drinking fountains; report any leaks to Recreation Superintendent prior to the end of the day's work shift. 12. Restock all dispensers including but not limited to, paper towels and soap. Weekly schedule 1. Clean exercise mats in dance room and multi purpose room with a wet sponge and cleaning solution. 2. After wet mopping, apply floor finish restoring solution to kitchen and dance room floors, buff kitchen and dance room floors using commercial floor buffing machine. 3. Wash all inside windows with window cleaning solution. 4. Clean interior and exterior door windows with cleaning solution. 5. Flush sink drains by running the water faucets for a minimum of 15 minutes. 6. Flush floor drains by running water down the drain, using a hose, for a minimum of 15 minutes. Monthly schedule 10 ,�r� \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 00014.a 1. Wash all exterior windows with window cleaning solution. 2. Dust window blinds with a clean dry towel. 3. Clean kitchen drain, vents, and filters if needed. Quarterly schedule 1. At the City's request, but no more than four (4) times per year, shampoo the carpet and apply scotch guard. 2. Strip and wax floors in kitchen and dance room. 3. Clean interior windows and windowsills, and exterior windows. Apply window spot removing chemical to remove hard water stains where applicable. 4. Dust building fixtures including but not limited to, florescent lights, burglar alarm sensors, wall clocks, fire extinguisher (s) and cases, and video security cameras. 5. Clean and scrub all door thresholds. 6. Clean all door panic bar hardware with cleaning solution. Annual schedule Strip and wax lobby tile B. ARROYO VISTA RECREATION CENTER RESTROOMS Daily schedule Pick up litter, empty trash and sanitary napkin containers, and replace container liners. Discard trash into approved trash bins. 2. Wet mop floors using an approved detergent disinfectant. Dry the floor with a dry mop before opening for public use. 3. Wet wash walls and ceiling, including tile and grout, with disinfectant solution and sponge. 4. Wash restroom stall partitions with disinfectant solution and sponge. 5. Remove graffiti with approved cleaning solution. If cleaning fails, notify the City's Recreation Superintendent prior to the end of the day's work 11 �� \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.do000144- shift. 6. Wash and disinfect all sinks and counters with wet sponge and cleanser. 7. Clean and disinfect commodes, and areas around commodes. 8. Clean and disinfect urinals and areas around urinals. 9. Restock all dispensers including but not limited to, toilet paper, paper towels, sanitary napkins, and soap. Weekly schedule 1. Flush sink drains by running the water faucets for a minimum of 15 minutes. 2. Flush floor drains by running water down the drain, using a hose, for a minimum of 15 minutes. Monthly schedule 1. Wax floors. 2. Clean out drains if needed. Quarterly schedule 1. Clean and scrub all door thresholds. 2. Clean building fixtures including but not limited to, florescent lights, and burglar alarm sensors. Annual schedule 1. Dust air vents. 2. Strip and wax floors C. ARROYO VISTA GYMNASIUM Daily schedule 1. Dry mop hardwood floor. 2. Wet mop non - hardwood floor. 12 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 00014.-Di 3. Pick up trash around the gymnasium, on the bleachers, and under bleachers. 4. Clean all door windows using window - cleaning solution. 5. Clean walls, doors, and bleachers, where needed, using a wet sponge and cleaning solution. 6. Vacuum entry mats. Weekly schedule 1. After wet mopping non - hardwood floors, apply floor finish restoring solution; buff floor using floor buffing machine. 2. Remove shoe marks from hardwood floor with hardwood floor solution supplied by City. 3. Remove shoe marks from non - hardwood floor with solution supplied by City. 4. Clean wall mats using a wet sponge and appropriate disinfectant. 5. Using a small nylon brush provided by City specifically for this task, clean metal track around hardwood floor to remove debris. Quarterly schedule 2. Strip and wax non - hardwood floors. 3. Clean and scrub all door thresholds. 4. Clean building fixtures including but not limited to, emergency exit lights, burglar alarm sensors, fire extinguisher (s) and cases, and video security cameras. 5. Clean and scrub all door thresholds. 6. Clean all door panic bar hardware with cleaning solution. 13 000146 146 a \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc E. MISCELLANEOUS MAINTENANCE Contractor shall report any broken, malfunctioning, or vandalized equipment or fixtures (including, but not limited to heating/air conditioning units, plumbing, electrical and to the City's Recreation Superintendent immediately by telephone. In the event the Recreation Superintendent is not available, Contractor shall leave a voice mail message on the Superintendent's work phone. This includes any graffiti applied to the interior or exterior of the Center or Gym. 14 \ \MOR_PRI_SERV\ home _folders \MLindley \RECREAT \AVRC custodial.doc 00014,;