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HomeMy WebLinkAboutAGENDA REPORT 2010 1215 CC REG ITEM 10FMOORPARK CITY COUNCIL AGENDA REPORT ITEM 10.F. acs:, - r qV Counril McPtino Ata ACTION 43h� TO: The Honorable City Council �L FROM: Jeremy Laurentowski, Landscape /Parks Maintenance Superintendent DATE: December 6, 2010 (Meeting of December 15, 2010) SUBJECT: Consider Agreement with Kelly Cleaning and Supplies, Inc. for Janitorial Services at the Moorpark Public Services Facility, Moorpark Library and Arroyo Vista Recreation Center and Authorize City Manager to Execute Contract SI IMMORY The City has had a working relationship with Kelly Cleaning and Supplies, Inc. since 1994, when they were first contracted by the City to provide janitorial services at Arroyo Vista Recreation Center. Over the years, the City expanded Kelly's Scope of Services to include additional City facilities. On July 10. 2008. the City Council awarded a twelve (12) month Agreement to Kelly Cleaning and Supplies, Inc. for janitorial services at the Moorpark Public Services Facility. Moorpark Library and Arroyo Vista Recreation Center with the option to extend the Agreement for two (2) additional one (1) year periods. DISCUSSION An Amendment to the 2008 Agreement with Kelly Cleaning and Supplies. Inc. was approved by City Council on May 27, 2009. The Amendment extended the term of the janitorial services to June 30. 2010 and reduced the Scope of Services in an effort to reduce maintenance costs. The City Council is being asked to approve a new Agreement with Kelly Cleaning and Supplies. Inc. for continued janitorial services at the Moorpark Public Services Facility, Moorpark Library and Arroyo Vista Recreation Center with the option to extend the Agreement for two (2) additional one (1) year periods, as the contract with Kelly Cleaning expired on June 30, 2010. Staff has been satisfied with Kelly's service over the years and the new Agreement will include the same Scope of Services and compensation approved in the May 27. 2009 Amendment. See Attachment A for Scope of Services. 219 Honorable City Council December 15. 2010 Page 2 The following is a list of the City facilities, weekly schedule. and monthly compensation for janitorial services included in the Scope of Services of the proposed Agreement: Cif Facility Schedule Compensation Arroyo Vista Recreation Center Daily (Monday - Saturday) $2.082.00 /month Moorpark Public Services Center Weekly (Friday) $195.00 /month Moorpark Library Daily (Monday - Saturday) $1.356.00 /month As- needed Labor Services TBD $18.00 /hour City Hall (including the three annex buildings), the City Hall Administration Building and the Community Center will be cleaned by City staff. FISCAL IMPACT The City Council has previously approved the appropriation for janitorial services as part of the adoption of the FY 2010/11 Budget. The proposed action does not require any additional funding. STAFF RECOMMENDATION Approve an agreement with Kelly Cleaning and Supplies. Inc. and authorize the City Manager to execute contract, subject to final language approval of City Manager and City Attorney. Attachment A: Kelly Cleaning and Supplies, Inc. Agreement 220 Ijif-. Term I � L�i WA AGREEMENT BETWEEN THE CITY OF MOORPARK AND KELLY CLEANING AND SUPPLIES, INC. FOR JANITORIAL SERVICES AT THE MOORPARK PUBLIC SERVICES FACILITY, MOORPARK LIBRARY AND ARROYO VISTA RECREATION CENTER THIS AGREEMENT, is made and effective as of this day of 2010. between the City of Moorpark, a municipal corporation ("City") and Kelly Cleaning and Supplies. Inc., a corporation ( "Contractor "). In consideration of the mutual covenants and conditions set forth herein. the parties agree as follows: WHEREAS. City has the need for janitorial services related to the Moorpark Public Services Facility. Moorpark Library and Arroyo Vista Recreation Center: and WHEREAS. Contractor specializes in providing such services and has the proper work experience. certifications and background to carry out the duties involved. NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution and will expire on December 31, 2011, unless sooner terminated as provided hereinafter. Upon the mutual consent of both parties, the term of this Agreement may by extended for two (2) additional one (1) year periods. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide janitorial services, specifically as it pertains to the Moorpark Public Services Facility. Moorpark Library and Arroyo Vista Recreation Center, as set forth in Exhibit B: Contractor's Bid Proposal, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal." Where said Scope of Services is modified by this Agreement. or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit B. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total contract 221 value. Forty -seven Thousand Nine Hundred Fifty -five dollars ($47,955.00). which includes Exhibit B in the amount of Forty -three Thousand Five Hundred Ninety -six dollars ($43.569.00) and 10% contingency in the amount of Four Thousand Three Hundred Fifty -nine dollars ($4.359.00) as stated in Exhibit B. without the written authorization of the City Manager. Payment by City to Contractor shall be as referred to Section 5 herein. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his /her ability, experience. and talent, perform all tasks described herein. Contractor shall employ, at a minimum. generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Margo Kelly and no other individual may be substituted without the prior written approval of the City Manager. The City's contact person in charge of administration of this Agreement. and to serve as principal liaison between Contractor and City. shall be the City Manager or the City Manager's designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B. attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Forty -seven Thousand Nine Hundred Fifty -five dollars ($47.955.00). which includes Exhibit B in the amount of Forty - three Thousand Five Hundred Ninety -six dollars ($43.569.00) and 10% contingency in the amount of Four Thousand Three Hundred Fifty -nine dollars ($4.359.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein. unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager. if authorized by City Council. may approve additional work not to exceed ten percent (10 %) of the amount of the Agreement. Page 2 of 15 222 Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within (30) days of receipt of any disputed fees set forth on the invoice. Consultant shall provide appropriate documentation, as determined by the City. for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason. with or without cause. suspend or terminate this Agreement, or any portion hereof. by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination or suspension. Contractor shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as referred to herein. 7. DEFAULT OF CONTRACTOR The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement. City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control. and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager's designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement. he /she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time. the City shall have the right. notwithstanding any other provision of this Agreement. to terminate this Page 3 of 15 223 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. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, he /she shall forfeit and pay to the City of Moorpark, as liquidated damages. the sum of Twenty -Five dollars ($25.00) per day for each calendar day the work. or portion thereof. remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract [Government Code Sec. 53069.851. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts. and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records: shall give the City the right to examine and audit said books and records: shall permit City to make transcripts therefrom as necessary: and shall allow inspection of all work, data. documents. proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of. or in the event of termination or suspension of this Agreement, all original documents. designs, drawings, maps, models, computer files, surveys, notes. and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used. reused. or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files. Contractor shall make available to the City, at the Contractor's office and upon reasonable written request by the City. the necessary computer software and hardware for purposes of accessing, compiling. transferring. and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor hereby assumes liability for and agrees to defend (at Indemnitees' option), indemnify, protect and hold harmless City and its project contractors, and engineers. officers. agents. and employees ( "Indemnitees ") from and against any and all claims. charges. damages. demands. actions. proceedings. losses, stop notices. costs. expenses (including attorneys' fees). judgments. civil fines and penalties. liabilities of Page 4 of 15 224 any kind or nature whatsoever. which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily injury to persons or damage to property. including property owned by or under the care and custody of City, and for civil fines and penalties. that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including but not limited to, liability arising from: a) Any dangerous, hazardous. unsafe or defective condition of, in or on the premises. of any nature whatsoever. which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees. or subcontractor: b) Any operation conducted upon or any use or occupation of the premises by Contractor. its officers, agents, employees, or subcontractors under or pursuant to the provisions of this Agreement or otherwise: c) Any act. omission or negligence of Contractor, its officers, agents. employees, or Subcontractors: d) Any failure of Contractor. its officers, agents. or employees to comply with any of the terms or conditions of this Agreement or any applicable federal, state, regional, or municipal law. ordinance, rule or regulation: and e) The conditions, operations, uses. occupations. acts, omissions or negligence referred to in Sub - sections a. b. c. and d, existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. Contractor's obligations under this Section apply regardless of whether or not such claim, charge. damage, demand, action. proceeding, loss. stop notice, cost. expense. judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement. Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for. with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here. Contractor agrees to be fully responsible according to the terms of this Section. Page 5 of 15 225 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 here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder. City may. in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided. however. City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall. in its sole discretion. determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees. or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers. employees, or agents are in any manner officers, employees. or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement. City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City. and its officers and Page 6 of 15 226 employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race. religious creed. color, national origin, ancestry. physical handicap, medical condition, marital status or gender of such person. except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [Labor Code Sec. 17351. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award. terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee or agent of Contractor. in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents. and no public official who exercises authority over or responsibilities with respect to the Project during his /her tenure or for one year thereafter, shall have any interest. direct or indirect. in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests. nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year. and further covenants and agrees that Contractor and /or its subcontractors shall provide no service or enter into any contract with any developer(s) and /or property owner(s) and /or firm(s) and /or partnership(s) and /or public agency(ies) owning property and /or processing an entitlement application for property in Page 7 of 15 227 the City or its Area of Interest. while under contract with the City and for a one -year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered. return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 To: Ms. Margo Kelly Kelly Cleaning and Supplies. Inc. 2300 Knoll Drive. Suite B Ventura. California 93003 Either party may, from time to time. by written notice to the other. designate a different address or contact person, which shall be substituted for the one above specified. Notices. payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Contract Documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement. Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW This Agreement is made, entered into. and executed in Ventura County, California. and any action filed in any court or for arbitration for the interpretation. Page 8 of 15 228 enforcement or other action of the terms. conditions or covenants referred to herein shall be filed in the applicable court in Ventura County. California. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings. representations, and statements, oral or written. are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles. Paragraphs. Sections. and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs. Sections. and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor's failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently. City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in Article 8 for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore. City and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit B. In the event of conflict. the requirements of the City's Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Page 9 of 15 229 Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally. and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed. or shall constitute. a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he /she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK Steven Kueny. City Manager Attest: Maureen Benson, City Clerk KELLY CLEANING AND SUPPLIES. INC. : Margo Kelly, President Page 10 of 15 230 EXHIBIT A Insurance Prior to the beginning of and throughout the duration of the Work. Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liab Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than one million dollars ($1.000.000) per occurrence for all covered losses and no less than two million dollars ($2,000,000) general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion. collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers' Compensation Workers' Compensation insurance shall be provided on a state - approved policy form providing statutory benefits as required by law with employers' liability limits no less than $1.000.000 per accident for all covered losses. Page 11 of 15 231 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1.000.000 per accident. combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project. Contract shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements. shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a -pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors. or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents. using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors. subcontractors. and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. Page 12 of 15 232 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City. or to the supervisory role, if any. of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City. as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements. or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided. City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse. and to required others to endorse. the insurance provided pursuant to these requirements. to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non - renewal of any such coverage. and to require contractors. subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Page 13 of 15 233 Contractor, is intended to apply first and on a primary non - contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors. and any other party involved with the project who is brought onto or involved in the project by Contractor. provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request. all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self- insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor. subcontractor. architect. engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self- insure its obligations to City. If Contractor's existing coverage includes a deductible or self- insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor. which may include reduction or elimination of the deductible or self- insured retention. substitution of other coverage. or other solutions. 13. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor. the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City. or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations. where Page 14 of 15 234 applicable Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City. and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue. and is not intended by any party or insured to be all- inclusive. 19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements. is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a Tina) certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to change City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. Page 15 of 15 235 EXHIBIT B SCOPE OF SERVICES Contractor agrees to provide janitorial services at the following locations: Arroyo Vista Recreation Center and Gymnasium (4550 Tierra Rejada Road): Moorpark Public Services Facility (627 Fitch Avenue): Moorpark Library (699 Moorpark Avenue): and on an as needed basis. Moorpark City Hall, Administrative Buildings, and Community Center (799 Moorpark Avenue). Said services shall be provided on all holidays. if the holiday falls on a regular service day with the exception of New Years Day, Thanksgiving. July 4. Labor Day, Memorial Day. and Christmas. The City reserves the right to assign the hours that Contractor shall perform 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 that facility. and a space to install its own lock on the Arroyo Vista Community Park (AVCP) entry gates. Contractor is responsible for the keys and agrees not to duplicate them. If additional keys are needed. Contractor shall make a request to the City. Contractor agrees to be responsible for disarming facilities upon entry and for fully locking and alarming buildings at the completion of each shift and locking and relocking the AVCP entry gates upon entry to the Park and upon exiting. The Contractor further agrees that the facilities shall never be left unattended unless fully locked and alarmed. Contractor agrees that failure to fully secure the facilities can result in liquidated damages. The City agrees to notify Contractor in writing when the alarm code for one of the facilities covered by this Contract has been changed. Upon termination of this Contract. Contractor shall return all keys provided by City. Contractor agrees to provide and be responsible for the maintenance of their own tools of the trade for cleaning, 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. and cleaning brushes. Contractor further agrees that all Kelly employees shall be in uniform and carry appropriate identification when on duty. 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 Contractor shall report any broken. malfunctioning, or vandalized equipment or fixtures (including but not limited to heating /air conditioning units, plumbing. and electrical). and shall report any graffiti applied to the interior or exterior of a City S.�Commun.ty Services ADMIMS I RAt IVE\Contiacts & Agreements \Faciiities\Venoois\Kelly Cleaning\2010 AgreemennKelly Cleaning Exham B doc 236 building. to the City's Parks and Landscape Maintenance Superintendent immediately by telephone. In the event the Parks and Landscape Maintenance Superintendent is not available. Contractor shall leave a voice mail message on the Superintendent's work phone (805- 517 - 6385). ARROYO VISTA RECREATION CENTER OFFICE, MEETING ROOMS, LOBBY, AND KITCHEN - 4550 Tierra Reiada Road (Monthly Compensation - $2,082.00) The following duties shall be performed by Contractor each weekday. Monday through Saturday. no earlier than 10:00 p.m. Upon 48 hour's notice. City may require Contractor to delay cleaning until a later time to accommodate special activities. OFFICES, MEETING ROOMS, AND LOBBY: Daily schedule 1. Pick up litter, empty all trash containers, and replace container liners. Discard trash and recycling materials into approved trash bins. 2. Vacuum all floors and entry mats (carpeted and non - carpeted). 3. Wet mop kitchen and dance room floors as needed (minimum of three (3) days a week) using a cleaning solution. 4. Spot clean carpets by hand. where needed, using appropriate carpet cleaner solution. 5. Clean counters in kitchen and dance room with cleaning solution. Clean the sinks in kitchen with cleanser. 6. Wash walls and doors where needed with wet sponge and cleaning solution. 7. Clean door windows in the lobby with window cleaning solution. 8. With wet sponge and appropriate cleaning solution. wipe down surfaces of kitchen equipment (including refrigerator. stove. oven. and microwave). 9. Clean mirrors in the dance room with window cleaning solution. 10. Clean and disinfect drinking fountains. Report any leaks to the City's Parks and Landscape Maintenance Superintendent prior to the end of the day's work shift. 11. Restock all dispensers including but not limited to, paper towels and soap. S %Community ServlcesWDMINISTRATIVE \Contiacts & Agieements\Fac -Iities +Venoors\Kelly Cleanng\2010 AgieementWelty Ciearnng E xnbtt B.Ooc 237 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 (Mondays) 3. Wash all inside windows with window cleaning solution (Mondays). 4. Clean interior and exterior door windows with cleaning solution (Mondays). 5. F} sY� sink gains by running The water faucets for a min'Imum of 15 minutes. 6. Flush floor drains by running water down the drain, using a hose, for a minimum of 15 minutes. 7. Sanitize doorknobs and light switches. Monthly schedule 4. Was} a }} exterior w)Y)6D ►s vOb window cleaning solution. 2. Dust window blinds with a clean dry towel. 3. Clean kitchen drain, vents, and filters if needed. Quarterly schedule 1. Shampoo the carpet and apply scotch guard (Contact City to schedule) 2. Ship -�nb wax S ),ours 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 extinguishers and cases. and video security cameras. 5. Clean ar?d scrab a)) cSoor 2hresho)ds. 6. Clean all door panic bar hardware with cleaning solution. S.\Community Services\ADMINISTRAI IVE\Contracts & Agreements\Facil ,ties\Vendors\Kelly Clearnng\2010 AgreementlKelly Cleaning Exhibit B doc 238 Annual schedule 1. Strip and wax lobby tile. AVRC RESTROOMS Daily schedule 1. 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 Parks and Landscape Maintenance Superintendent prior to the end of the day's work 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 (including walls) around urinals. 1. Restock all dispensers including but not limited to. toilet paper, paper towels, sanitary napkins, and soap. 10. Sanitize doorknobs and light switches. 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 (first Friday of each month). 2. Clean out drains if needed. Quarterly schedule S \Commun-ty ServtcesWDMINIST RAT IVE \Contracts & Agreements \Faciuties \Venaors\Keliy Cleaning\2010 AgreemennKelly Ciean-ng E xhioit B aoc 239 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. AVRC GYMNASIUM Daily schedule 1. Dry mop hardwood floor. 2. Wet mop non - hardwood floor. 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. Weeklv schedule 1. After wet mopping non - hardwood floors, apply floor finish restoring solution. Buff floor using floor buffing machine (Fridays). 2. Remove shoe marks and gum from hardwood floor with hardwood floor solution supplied by City (Fridays). 3. Remove shoe marks from non - hardwood floor with solution supplied by City (Fridays). 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. 6. Wet mop hardwood floor every Friday with proper floor solution. 7. Clean under gym stands every Monday. S:\Community ServiceslADMINIST RAT IVE \Contracts & Agreements\Facilities \Vendors \Kelly Clearnng\2010 AgreemenvKevy Cleaning Exhibit 8 doc 240 Quarterly schedule 1. Strip and wax non - hardwood floors. 2. Clean and scrub all door thresholds. 3. Clean building fixtures including but not limited to. emergency exit lights. burglar alarm sensors, fire extinguishers and cases. and video security cameras. 4. Clean and scrub all door thresholds. 5. Clean all door panic bar hardware with cleaning solution. MOORPARK PUBLIC SERVICES FACILITY (MPSF) — 627 FITCH AVENUE (Monthly Compensation - $ 195.00) On a one -day a week basis (day of the week to be selected by the City and provided to Contractor in writing), the following duties will be performed by Contractor no earlier than 5:45 p.m. Upon 48 hour's notice. City may require Contractor to delay cleaning until a later time to accommodate special activities. MPSF OFFICES AND CONFERENCE ROOM: Weekly schedule 1. Vacuum all carpets and mats. 2. Spot clean carpets and mats. 3. Dry and wet mop floors. 4. Dust all desks. tables. counters. horizontal surfaces, window sills. etc. 5. Clean and sanitize drinking fountain. 6. Spot clean glass. windows, and wall panels. 7. Empty trash cans and recycle containers. MPSF KITCHEN / BREAKROOM: Weekly schedule 1. Spot clean cabinet drawers and front. & \Community ServicesWDMiNIST RAT IVE \Contracts & Agreements\Faciiities \Vendors\Keily Cleaning\2010 AgreemennKelly Cleaning Embit B.doc 241 2. Vacuum mats. 3. Wipe clean chairs and sofas. 4. Clean counters and tables. 5. Spot clean doors. 6. Clean and refill dispensers. 7. Sanitize doorknobs and light switches. 8. Dust and wet mop floors. 9. Dust all horizontal surfaces. 10. Clean microwave inside and outside. 11. Clean exterior of refrigerator. 12. Clean sinks. 13. Empty trash cans. 14. Spot clean walls and panels. MPSF RESTROOMS: Weekly schedule 1. Vacuum mats. 2. Spot clean baseboards once a week. 3. Clean counters. 4. Clean and refill dispensers. 5. Spot clean doors. 6. Sanitize doorknobs and light switches. 7. Dust and wet mop floors once a week. 8. Dust horizontal surfaces. 9. Clean mirrors, showers. sinks, toilets. urinals. 10. Polish stainless steel. S \Community Services\ADMINiSTRATNUContracts & Agreements \Facilit-es\Venoors\Kelly Clean ng\2010 AgreementtKeily Cieaning E xhioit B doc 242 11. Empty trash cans. 12. Spot clean walls and panels. 13. Dust top of lockers. Contractor shall provide all cleaning chemicals and equipment, to be included in the cost of the monthly service. City shall provide paper products and hand soap CITY OF MOORPARK PUBLIC LIBRARY — 699 MOORPARK AVENUE (Monthly Compensation - $1,356.00) The following duties will be performed by Contractor each weekday. Monday through Saturday, no earlier than 10:00 p.m. Upon 48 hour's notice. City may require Contractor to delay cleaning until a later time to accommodate special activities. Daily schedule 1. Pick up litter, empty all trash containers, and replace container liners. Discard trash and recycling materials into approved trash bins. 2. Vacuum all floors and entry mats (carpeted and non - carpeted). 3. Wet mop kitchen floor as needed (minimum of three (3) days a week) using an appropriate cleaning solution. 4. Spot clean carpets by hand. where needed. using appropriate carpet cleaning solution. 5. Clean counters in kitchen with cleaning solution. Scrub the sink in kitchen with cleanser. 6. Wash walls and doors where needed with wet sponge and cleaning solution. 7. Clean door windows in the lobby with window cleaning solution. 8. With wet sponge and appropriate cleaning solution, wipe down surfaces of kitchen equipment (including refrigerator. stove, oven. microwave). 9. Clean mirrors in the dance room with window cleaning solution. 10. Clean and disinfect drinking fountains. Report any leaks to the City's Parks and Landscape Maintenance Superintendent prior to the end of the day's work shift. 11. Restock all dispensers including but not limited to. paper towels and soap. S.\Communny Services�ADMINJST RAT IVE \Contracts & Agreements\Fac .Inies\Vendors\Kelly Cieaning\2010 Agreement\Kehy Cleaning E xhib;t B c]oc 243 Weekly schedule 1. After wet mopping. apply floor finish restoring solution to kitchen floor. Buff kitchen floor using commercial floor buffing machine (Mondays). 2. Wash all inside windows with window cleaning solution (Mondays). 3. Clean interior and exterior door windows with cleaning solution (Mondays). 4. Flush sink drains by running the water faucets for a minimum of 15 minutes. 5. Flush floor drains by running water down the drain, using a hose. for a minimum of 15 minutes. 6. Sanitize doorknobs and light switches. Monthly schedule 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. Shampoo the carpet and apply scotch guard (Contact City to schedule) 2. Strip and wax floors in kitchen area. 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 extinguishers 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 1. Strip and wax lobby tile. S- \Community Services\ADMI Nis T RAT NE \Contracts & Agreements \Facilities\Vendors\Kelly Clearnng\2010 Agreement\Kehy Deaning Exhibit B aoc 244 RESTROOMS Daily schedule 1. 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 Parks and Landscape Maintenance Superintendent prior to the end of the day's work 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 (including walls) 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. 3. Sanitize doorknobs and light switches. Monthly schedule 1. Wax floors (first Friday of each month). 2. Clean out drains if needed. Quarterly schedule 1. Clean and scrub all door thresholds. S. \Community Services \ADMINIST RAT IVE \Contracts & Agreements�FaciI -ties�Venoors\Keliy Clearnng\2010 Agreement \Kelly Cleaning E xh-brt B doc 245 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. CITY HALL, ADMINISTRATIVE BUILDINGS, COMMUNITY CENTER RESTROOMS, KITCHEN AND LOBBY (on an as needed basis) — 799 MOORPARK AVENUE (Compensation $18.00 per hour) On an as needed basis. Contractor will perform the following duties. When service is requested, Contractor will pick up and sign for facility keys one day prior to service. and will return keys the day immediately following the last day of service. Daily 1. Clean bathroom sinks with cleanser. 2. Clean counter tops with cleaning solution. 3. Clean and disinfect commodes and urinals and the base of each unit. 4. Sweep and wet mop restroom and lobby floors. 5. Empty all trash and sanitary containers — replace liners. Dispose of trash material in appropriate trash dumpster. 6. Wash partition walls with cleaning solution. 7. Wash restroom walls where needed. 8. Stock all dispensers. including toilet paper. paper towels, soap, and sanitary napkins. 9. Clean and disinfect lobby drinking fountain. 10. Vacuum once a week. 11. Sanitize doorknobs and light switches. S \Commun.ty Services WDMINIS IRA I iVE \Contracts & Agreements\F ac-i-ties\Vendors\Kelly Cieaning\2010 Agieement\Keliy Cleaning Exhibit B doc 246