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HomeMy WebLinkAbout4.08 Janitorial Svc Library~o~,DU~~~ CITY CLERK N~ File # ^©~®'0~ ~~ ;`~ 8'Z ,~1~ ~C'.~r T,,.-,r,~S1~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 2008 SUBJECT: Agreement with JS Building Maintenance Service for Janitorial Services for the Dublin Library Report by Diane Lowart, Parks & Community Services Director and Steven Yee, Public Works Manager ATTACHMENTS: 1) Agreement for Maintenance and Operation of the Dublin Library 2) Letter from Alameda County Library requesting change in provision of janitorial services at the Dublin Library 3) Resolution Approving Amendment No. 1 to the Agreement for Maintenance and Operation of the Dublin Library 4) Resolution Approving Agreement with JS Building Maintenance Service for Janitorial Services for the Dublin Library 5) Budget Change Form RECOMMENDATION: 1) Adopt Resolution approving Amendment No. 1 to the Agreement for Maintenance and Operation of the Dublin Library Q~ 4 V ~~ ~ 2) Adopt Resolution approving Agreement with JS Building °~ Maintenance Service for Janitorial Services for the Dublin /~ Library 3) Approve Budget Change FINANCIAL STATEMENT: The annual cost for Building Maintenance services under the Agreement is $26,041.44. The cost for the remainder of Fiscal Year 2008-2009 is $13,020.72 which will be reimbursed to the City by the Alameda County Library. As funds were not included in the Fiscal Year 2008-2009 Budget, an additional appropriation which will be fully offset from new revenue (County Reimbursement). DESCRIPTION: In October 2002, the City of Dublin entered into an agreement with the County of Alameda for maintenance and operation of the Dublin Library (Attachment 1). The Agreement provides for the Alameda County Library to operate library-related activities and to provide ------------------------------------------------------------------------------------------------------------- COPY TO: Alameda County Library/JS Building Maintenance Page 1 of 2 ITEM NO. 1. G:\CO[JNCIL\Agenda Statements\2008\12-2 Library Janitorial.doc for maintenance and operations for each party. The City is responsible for maintenance of all interior and exterior parts of the building and its systems. This includes items such as the mechanical, electrical and HVAC systems; the grounds, parking lots, landscaping, and pest control; and general repairs and/or replacement of fixtures, appliances, plumbing, windows, doors, carpet and other finishes. The City is also responsible for providing janitorial services for the common areas such as the lobby, restrooms, and community rooms. The County is responsible for providing janitorial services for the County Library space. Under the current agreement, the City is reimbursed by the County for the janitorial services for the common areas. In October 2008, the City received notice from the Alameda County Library, that effective January 2009, the County of Alameda will no longer contract for janitorial services for buildings leased or used by County departments (Attachment 2). They have requested that the City provide for the janitorial service in the City-owned Library building and the County will provide reimbursement. As a result, the following two actions are needed: 1) Amend the Agreement for Maintenance and Operation of the Dublin Library dated October 8, 2002 to reflect that the responsibility for janitorial services will be transferred from the County to the City and providing for reimbursement of costs; and 2) Approval of an Agreement for janitorial services for the County Library space at the Dublin Library. The City received a proposal for janitorial services from JS Building Maintenance Service which is the contractor that currently provides janitorial services for the County Library space at the Dublin Library under contract to the County of Alameda. The proposal from JS Building Maintenance Service maintains the same cost that was previously paid by the County; $2,170.12 per month for an annual cost of $26,041.44. Section 2.36.050(A)(7) of the Municipal Code allows for exceptions to the bidding process for janitorial services for City buildings and facilities. Services that are negotiated under this exception and that are more than $20,000 shall be approved by the City Council (Section 2.36.050(B)). Although the cost for Fiscal Year 2008-2009 is less than $20,000 as there are only six months remaining after approval of the agreement, the annual cost exceeds $20,000 so City Council approval of the agreement is necessary. Attachment 3 is a Resolution Approving Amendment No. 1 to the Agreement for Maintenance and Operation of the Dublin Library; the Amendment is an attachment to the Resolution. Attachment 4 is a Resolution Approving the Agreement with JS Building Maintenance Service for Janitorial Services for the Dublin Library; the Agreement is an attachment to the Resolution. A budget change is also needed, which will recognize the additional expense. There is no net change in City expenditures, as the County will reimburse the City for the cost. Both the additional expense and the offsetting revenue are included on Attachment 5 (Budget Change Form). RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the Resolution approving Amendment No. 1 to the Agreement for Maintenance and Operation of the Dublin Library; 2) Adopt the Resolution approving the Agreement with JS Building Maintenance Service, and; 3) Approve the Budget Change. Page 2 of 2 ~~ ~~~ AGREEMENT FOR MAINTENANCE AND OPERATION OF THE DUBLIN LIBRARY Agreement made this 8thday of October , 2002, by and between the City of Dublin (hereinafter City), a municipal corporation, and the County of Alameda (hereinafter County), a body corporate and politic of the State of California. WITNESS WHEREAS, the City of Dublin will complete construction of a new facility called the Dublin Library on land owned by the City at the Dublin Civic Center; which land is (~ designated by the Alameda County Assessor as Parcel No. 1, 2 and 3 as shown on ` J Exhibit A, attached hereto and referred to herein as the "library site." { WHEREAS, the facility is intended to be used as the primary site from which library service is provided for residents of the City of Dublin; and WHEREAS, pursuant to Education Code Section 19100, et seq., the Alameda County Library has been organized; and ~ ~' WHEREAS, the City is desirous of utilizing the services of the Alameda County pQ library to operate library-related activities and to provide equipment related to the ~ general operation of the library; and WHEREAS, this agreement does not change in any way other agreements between the City of Dublin-and the County of Alameda for library services which remain in full force and effect, such agreements being 1) the Contract Agreement between the , City of Dublin and the Gounty of Alameda for Additional Library Services and the Purchase of Additional Library Materials for Fiscal Year 2001-2002 which was executed on September 11, 2001, 2) subsequent annual contracts continuing additional library services at the Dublin Library, and 3) the Agreement between the City of Dublin and the County of Alameda for the Purchase of an Opening Day Collection of Library Materials for the Dublin Library which was executed on December 18, 2001. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter set forth, the City and County mutually agree as follows: 1. Ownership of Library Materials Collection: The County owns alt of the books, periodicals, audiovisual materials, and other library materials which have been purchased with County Library funds. The City owns all of the books, audio/visual materials, and other library materials which have been and wilt be purchased under the terms of the Agreement between the City and the County for the Purchase of an Opening Day Collection of Library Materials for the Dublin Library which was executed on December 18, 2001; all terms and conditions pertaining to the City's ownership of those materials as defined in that Agreement 12 -Z -Og 4 { ATTACHMENT 1 z~, remain in full force and effect. Also, the City owns all of the books,. audio/visual materials, and other library materials purchased with City funds provided through the terms of annual contract agreements with the County Library for the purchase of additional library materials. All terms and conditions relating to the ownership of these City-owned materials as expressed in the annual contracts remain in full force and effect. 2. County Owned Equipment: The County owns all of the computer equipment attached to the integrated automated system used for materials circulation, public catalogs, Internet access, and the acquisition and processing of materials; the telephone system; desensitizers for the security system; check-in machines for the circulation system; cash registers; fax machines; listening stations; and all computer equipment placed in the library facility as of December, 2002. The County owns or provides through a lease with a vendor all photocopiers in the building and all printers attached to the network and placed in the library facility as of December, 2002. Subsequent purchases of equipment, furniture, and shelving required by the County Library and purchased with County Library funds shall be the property of the County. 3. Allocation of Space: County Library shall use 33,340 sq. ft. of the Dublin Library solely for library purposes. This figure includes 6,600 square feet of unfinished area. City shall schedule and manage the 2,070 sq. ft. Community Room and its adjacent kitchen and storage areas plus 1,575 square feet of unfinished area, for a total of 3,645 sq. ft. managed by the City. Common areas are: entry lobby, public restrooms, halls connecting the Community Room with the lobby and public restrooms, and janitorial storage. The Common areas consist of 1,135 sq. ft. When the unfinished areas are built out, the allocation of space will change and this Agreement will be amended accordingly. 4. Building Maintenance: The City shall, at the City's own cost and expense, keep and maintain said library premises in good order and repair during the term of this agreement. Said maintenance shall include, but shall not be limited to: a. All building mechanical, electrical, and plumbing systems, including heating and air conditioning system, fire alarm, fire sprinklers, smoke alarms, security system, and plumbing problems that require cleaning of drain or sewer lines; b. All grounds and facility parking lots, outdoor signage, landscaping, and outdoor pest control; c. All interior portions of the building, including carpet repair and/or replacement, fixtures and appliances (including built-in refrigerator), electrical system equipment (except computer systems and voice and data equipment owned or leased by the County and microwave oven in Staff Lounge), plumbing, windows, doors, interior painting, and interior 2 3~,.,~w. ~, . pest control. City shall. in addition maintain lighting system. City will purchase light bulbs, tubes, and ballasts, repair/replace ballas#s as required, and replace light bulbs and tubes that cannot be reached with a six foot ladder, Gounty's janitorial services will replace light bulbs and tubes that can be reached with a six foot ladder. d. All exterior portions of the building, including roofing, painting, signage, windows, exterior lighting, and graffiti removal 5. Janitorial Services: County shall contract and provide janitorial services for County Library space. City shall contract and provide janitorial services for the Community Room, its kitchen and storage areas, and the Common Areas. City shall contract and provide monthly carpet cleaning in high traffic areas for the entire building. City shall b~ reimbursed by County for the Common areas based on a formula relating to hours of use of each portion of the facility, adjusted annually, and for carpet cleaning based on County's standard budget for carpet cleaning, adjusted annually. Said janitorial services for the Common areas shall include, but shall not be limited to: a. Cleaning of the Common areas, including the floors, after each day of use; b. All necessary cleaning and dusting; mopping of floors; cleaning of entrance doors, windows, and other glass surfaces; c. Emptying wastepaper baskets and removing waste from building; d. Unplugging facility toilets and sinks in restrooms; cleaning and disinfecting bathroom fixtures, walls, floors and partitions; refilling all restroom dispenser containers; e. Replacing light bulbs and fluorescent tubes; f. All expendable janitorial supplies (including but not limited to toilet paper, paper towels) shall be replaced as needed; g. Cleaning of interior graffiti; h. Monthly floor and carpet cleaning beyond the daily cleaning. 6. Utilities: Utility charges shall be paid as follows: a. Water: County shall pay for water for the building only; City shall pay for water for the landscaping and grounds. 3 ~,~'.~ ~~ b. Gas: County shall pay for gas. c. Electricity: County shaft pay for electricity for the building only; City shaft pay far electricity for lights in the parking. lot. d. Telephone services. County shall pay for all telephone charges from the building, including charges related to long distance service, telephone maintenance and repair, and telephone equipmenf purchases, except that the City shall pay any charges for a telephone or telephones placed in the Community Room managed by the City. e. Garbage disposal: City shall pay for garbage disposal. 7. Services Provided: The County shall provide all library services in a manner consistent with generally accepted library principles and practices. Services to be provided are determined by policies set by authority of the County Board of Supervisors and by available budgeted funds. Said services shall include, but not be limited to, providing the following: books and other library materials with the amount allocated for annual purchases to be at least as great as the amount expended by County in FY 2001-02; necessary computer equipment;. processing and inventory services; a wide range of educational and informational programs; reference and information services; a wide range of community related programs such as story hours for children; all administrative services; all personnel required to operate the library. The County Library shall be responsible for policies and use of the Library Program Room and exhibit areas including any exhibit areas in the Common areas. Priorities for use of the Library Program Room shall be: first, by the County Library and library-related groups; second, by the City; and third, by non-profit groups and community-based organizations whose purposes are civic, cultural, or educational and in accordance with the County Library's Policy for Use of Meeting Rooms in Libraries. The Library Program Room shall not be available to non-profit groups and community-based organizations during hours when the Library is closed to the public, except for library-related groups. 8. Alterations: County shall not make, approve or facilitate any alterations of the facility or the site or any part thereof except to move furniture and trade fixtures, without the written consent of the City. Unless otherwise agreed to by the City, any alterations shah be at the County's expense. 9. Building Condition: County agrees and hereby stipulates that upon occupancy said premises are in good and tenable condition and fit #or the purpose for which it is intended. [Estimated date of occupancy -December 1, 2002.] 4 5~ 10. Reporting of Defects and Faults: County agrees to immediately report to City any leaks, damage, breakage or repairs needed to maintain the facility and its mechanical systems. 11. County Employees: All persons engaging in the performance of such services as provided by the County pursuant to this Agreement shall be County employees or contractors. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. In the event that a court of competent jurisdiction or the California Public Employee Retirement System (PER$) determines that City is responsible for any employer and/or employee contributions for PERS retirement benefits on behalf of any County employee or contractor providing services under this Agreement, County shall -indemnify, defend, and hold harmless City for these contributions, as well as for payment of any penalties and interest thereon, which would otherwise be the responsibility of the City. 12. Building Security: Responsibility for building security shall be as follows: a. County shalt be responsible for security and lock-up of library portion of the facility. b. County shall be responsible for security and lock-up of Common areas if County Library employees are last to leave the facility. c. City shall be responsible for security and lock-up of Community Room and Common areas if Community Room is in use at the time the library closes and County Library employees' work shifts end. 13. Insurance Requirements: a. County shall provide and maintain comprehensive general liability insurance or self insurance covering personal bodily injury and property damage in an amount deemed appropriate by City. The County's insurance shall cover the entire collection of library materials, both .County-owned and City-owned. jNo less than $2,300,000 per occurrence.] b. City shall be responsible for providing all fire and casualty insurance in amounts deemed appropriate by City for City-owned contents (other than the collection of library materials) and the facility. 5 ~,~~y 14. Hold-Harmless Agreement: a. County agrees to indemnify, defend and hold harmless the City of Dublin, its agents, officers and employees, from and against any liability, damage, or losses of any nature which may be suffered by or secured against City arising out of any negligent acts., errors, or omissions of County, its agents or employees, excepting such injury or harm as may be caused by any act or omission by City. The liability of County shall include, but not be limited to, attorney's fees, bodily injury, death, personal injury or property damage. b. City agrees to indemnify, defend and hold harmless the County of Alameda., its agents,. officers and employees, from and against any liability, damage, or losses ofi any nature whatsoever which may be suffered by or secured against County arising out of any negligent acts, errors, or omissions of City, ifs agents or employees, excepting such injury or harm as may be caused by any actor omission by County. The liability of City shall include, but not be limited to, attorney's fees, bodily injury, death, personal injury or property damage. 15. Compliance with Applicable Codes: County, at its sole cost and expense shall comply with all the requirements of the municipal, state and federal authorities now in force or which may hereafter be enforced pertaining to said County services and shall faithfully observe, in the use of the premises, all municipal ordinances and state and federal statutes now in force or which may hereafter be enforced. The County shall not use the premises in any manner which constitutes a public or private nuisance by statute. City, at its sole cost and expense, shall be responsible for major structural modifications to the building that may be required due to future changes in municipal, state or federal codes. 16. Non-Transferable: The parties to this agreement shall not, voluntarily or involuntarily,. assign, hypothecate, encumber or transfer any interest in this Agreement without prior written approval of the other parties. 17. Term of Agreement: This Agreement shall remain in full force and effect unless terminated by either~party. Either party shall have the right to terminate the Agreement for any cause provided that the party requesting the termination provide the other party. with a written notice of its intent to terminate. Said notice shall be delivered at least 90 days prior to the intended termination date. 18. Surrender of Property After Term: County agrees to surrender said premises at the expiration of this Agreement in the same condition as received, except for reasonable use and wear, as provided. in this Agreement. 6 `?'~j 3Z 19. Notices: Unless otherwise provided herein, any notice to be given hereunder by any party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, unless sooner received, and shall be deemed communicated as of three (3) days from mailing.. Mail notices shall be addressed as set forth below, but each party may change its address by written notice and in accordance with-this paragraph. TO: City Manager TO: County Administrator City of Dublin County of Alameda 100 Civic Plaza 1221.Oak Street Dublin, CA 94568 Oakland, CA 94612 Alameda County Librarian 2450 Stevenson Blvd. Fremont, CA 94538 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. COUNTY OF ALAMEDA _ B - _- president of the Bo r~„~f Su e~i`i~'ors County of Alameda `"`-~ State of California ATTEST: CITY OF DUBLIN By: Mayor ATTEST: By: ~. By. Clerk of the Board o upervi ors C' Clerk APPROVED AS TO FORM: ~. By: . oun Counsel wt~NZO ~, cHaMSUSs APPROVED AS TO FORM:. By: ~'~ 7e~.. ~ ~- City Attorney 7 g~3v Alameda County ~~~ . ~~~ ~ LIBRARY ~ ...InfL/2LfC f70ddLf)L~L~Led October 17, 2008 Diane Lowart, Parks and Community Services Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Diane: Albany Castro Valley Centerville Dublin Extension Services Fremont Main Irvington Newark Niles San Lorenzo Union City In December 2007,.you received a letter that discussed the need to transfer responsibility of contracting for janitorial services for the Dublin Library from the County to the City of Dublin. As it was explained, the janitorial services for buildings leased or used by County departments must be provided by the owner - in this case the City of Dublin. I was abie to continue the current County janitorial contract through December 2008 but will need to have the new service arrangements in place as of January 1, 2009. We have a current contract for this fiscal year with the City for additional hours and apro-rated cost for janitorial services. After the established janitorial contract is in place we will expect to receive monthly invoices for the "County" portion of hours. Please provide the name and contact information of the person designated to oversee this transition of service and to ensure that responsibility transfers from the County at the end of December 2008 to the City of Dublin on January 1, 2009, to Linda Carroll,-Administrative Services Officer, at Icarroll@aclibrary.org. The County will no longer approve our request for a purchase order for this service after January 1, 2009. Please contact Linda Carroll at (510) 745-1509 if you have questions or concerns. Sinc ely, ,wean Hofacket County Librarian Attachment cc: Ann Hammond, Deputy County Librarian Linda Carroll, Administrative Services Officer Peggy Watson, Head of Branches Don Nunes, Acting Head of Fremont Libraries ./ean He fitClet, County LiGrar•icuz ATTACHMENT 2 Administration 2450 Stevenson Blvd. Fremont, CA 94538-2326 510-745-1504 FAX 510-793-2987 vvvvw.aclibrarv.ora q~3z RESOLUTION NO. -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE AND OPERATION OF THE DUBLIN LIBRARY WHEREAS, in October 2002, the City of Dublin entered into an agreement with the County of Alameda for maintenance and operation of the Dublin Library; and WHEREAS, the Agreement provides for the Alameda County Library to operate library-related activities and to provide equipment related to the general operation of the library, and also spells out the responsibility for maintenance and operations for each party; and WHEREAS, the City has received notice from the Alameda County Library that effective January 2009 the County of Alameda will no longer contract for janitorial services for buildings leased or used by County departments; and WHEREAS, it is necessary to amend the responsibilities for Janitorial Services as agreed to in Section 5 of the Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve Amendment No. 1 to the Agreement for Maintenance and Operation of the Dublin Library, attached hereto. PASSED, APPROVED AND ADOPTED this 2nd day of December 2008. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 3 ~o~ 3z FIRST AMENDMENT TO THE AGREEMENT FOR MAINTENANCE AND OPERATION OF THE DUBLIN LIBRARY This First Amendment to the Agreement for Maintenance and Operation of the Dublin Library is made and entered into this day of , 2008 by and between the City of Dublin (hereinafter City), a municipal corporation, and the County of Alameda (hereinafter County), a body corporate and politic of the State of California. RECITALS 1. The parties entered into that certain Agreement for Maintenance and Operation of the Dublin Library, dated October 8, 2002 ("the Agreement"), which provides for the Alameda County Library to operate library-related activities and to provide equipment related to the general operation of the library. The Agreement also spells out the responsibility for maintenance and operations for each party. 2. The parties desire to amend the responsibilities for Janitorial Services described in Section 5 of the Agreement. NOW, THEREFORE, the City and the County agree as follows in its entirety: Section 1. Existing Section 5 of the Agreement is deleted and a new Section 5 is added to read as follows: 5. Janitorial Services: City shall contract and provide janitorial services for County Library space, the Community Room, its kitchen and storage areas, and the Commons Areas. City shall contract and provide monthly carpet cleaning in high traffic areas for the entire building. City shall be reimbursed by County based on a formula relating to hours of use of each portion of the facility, adjusted annually, and for carpet cleaning based on County's standard budget for carpet cleaning, adjusted annually. Said janitorial services shall include, but shall not be limited to: a. Cleaning of the County Library space and Common areas, including the floors, after each day of use; b. All necessary cleaning and dusting; mopping of floors; cleaning of entrance doors, windows, and other glass surfaces; c. Emptying wastepaper baskets and removing waste from building; d. Unplugging facility toilets and sinks in restrooms; cleaning and disinfecting bathroom fixtures, walls, floors and partitions; refilling. all restroom dispenser containers; ~03~ e. Replacing light bulbs and fluorescent tubes; f. All expendable janitorial supplies (including but not limited to toilet paper, paper towels) shall be replaced as needed; g. Cleaning of interior graffiti; h. Monthly floor and carpet cleaning beyond the daily cleaning. Section 2. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. ATTEST: By: City Manager City of Dublin State of California CITY OF DUBLIN By: Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: By: Clerk of the Board of Supervisors COUNTY OF ALAMEDA By: President of the Board of Supervisors County of Alameda State of California APPROVED AS TO FORM: By: County Counsel 1172153.1 lZ~3z RESOLUTION NO. -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH JS BUILDING MAINTENANCE SERVICE FOR JANITORIAL SERVICES FOR THE DUBLIN LIBRARY WHEREAS, in October 2002, the City of Dublin entered into an agreement with the County of Alameda for maintenance and operation of the Dublin Library; and WHEREAS, the Agreement provides for. the Alameda County Library to operate library-related activities and to provide equipment related to the general operation of the library, and also spells out the responsibility for maintenance- and operations for each party; and WHEREAS, the City has received notice from the Alameda County Library that effective January 2009 the County of Alameda will no longer contract for janitorial services for buildings leased or used by County departments; and WHEREAS, the City has received a proposal for janitorial services for the Dublin Library from JS Building Maintenance Service; and WHEREAS, JS Building Maintenance Service has demonstrated adequate ability to perform said janitorial services; and WHEREAS, JS Building Maintenance Service is available to perform work as specified; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with JS Building Maintenance Service, attached hereto. PASSED, APPROVED AND ADOPTED this 2nd day of December 2008. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 4 ~ ~, 3y JANITORIAL SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND J.S. BUILDING MAINTENANCE SERVICE THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and J.S. Building Maintenance Service ("Contractor") as of January 1, 2009 Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on January 1, 2009 and shall end on June 30, 2012, the date of completion specified in Exhibit A, and Contractor shall complete the services described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Contractor's profession. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor's obligations hereunder. Contractor shall not be responsible for delays beyond Contractor's reasonable control. Section 2. .COMPENSATION. City hereby agrees to pay Contractor per facility, per month fees as set forth in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 1 of 13 a ~ 3Y Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date. Invoices shall contain the following information: ^ Clear numerical identification, with no duplication of numbering; ^ The beginning and ending dates of the billing period; ^ The cost per each facility for the specified month. If the billing is for authorized extra work, the billing shall include the date and description of the work and shall be submitted within 14 days of performing the work. The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ^ The Contractor's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Total Pavment. City shall pay for the services to.be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense oncost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.5 Reimbursable Expenses. Contractor shall not be eligible for reimbursable expenses. 2.6 Pavment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 2 of 13 ~ 3~ 2.7 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever-under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adjustments. Consultant will be entitled to request a rate adjustment for each fiscal year beginning July 1, 2009, the amount of said increase to be approved by the City. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, or as described in Exhibit A attached hereto, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as storage closets and sinks/floor sinks, as may be reasonably necessary for Contractor's use. Contractor is obligated to use and .maintain these facilities in an orderly fashion and with reasonable care, complying with all applicable building, fire, and safety codes. Where actual janitor storage closets are not available (for example, in the portable buildings) janitorial staff may be required to transport cleaning equipment to the site as needed). Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Contractor may rely on aself-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 3 of 13 I(od~ 3y Code. Determination of whether aself-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Contractor shall notify City within 14 days of notification from Contractor's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for. risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto) or Code 8 and 9 (non-owned if consultant has no owned automobiles). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 4 of 13 ~~~~ 3z Contractor; and automobiles owned, leased, or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. An endorsement must state that coverage is primary insurance with respect to the Ciry and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Contractor shall notify City within 14 days of notification from Contractor's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Reserved. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Contractor shall include all subcontractors as insureds under- its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building. Maintenance Services Page 5 of 13 ~~~~v of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers.. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time . herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: ^ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ^ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ^ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by .the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 6 of 13 I~l~j 3y damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor No Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 7 of 13 ~~ 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shal- not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 8 of 13 ~~~~~ 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract, Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. No portion of the services provided pursuant to this Agreement may be subcontracted or assigned without prior approval of the City of Dublin. Requests to subcontract all or any portion of services required by this Agreement shall be submitted to the City's Contract Administrator, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services inside the Police Facility shall have successfully passed a background check as described above prior to commencing work in that building. Contractor shall bear the expense of any subcontractor background checks 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach. by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 9 of 13 z2~~v 8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those .documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a parry to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 10 of 13 23 ~a 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 11 of 13 `L~ 32 10.9 Contract Administration. This Agreement shall be administered by Melissa Morton, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Contractor shall be-sent to: Any written notice to City shall be sent to: Melissa Morton City of Dublin Public Works 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional. with repod/design responsibility," as in the following example. N/A Seal and Signature of Registered Professional with report/design responsibility. Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 12 of 13 v5~3Z 10.12 Integration. This Agreement, including (1) the Scope of Services attached hereto and incorporated herein as Exhibit A and its Attachments 1 through 9, and (2) the Compensation Schedule attached hereto and incorporated herein as Exhibit B, represents .the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN Mayor Attest: Caroline Soto, City Clerk Approved as to Form: _. , tn~it~r Attorney CONTRACTOR (Name, Title) G:\MAINTENANCE\BuildingsUanitorial Services\2007 Request for ProposalsWanitorial Services Agreement 2009 - Library.doc Janitorial Services Agreement between December 2, 2008 City of Dublin and J.S. Building Maintenance Services Page 13 of 13 ~v~3~ Exhibit A To the Janitorial Services Agreement between City of Dublin and J.S. Building Maintenance Services December 2, 2008 z~~y DESCRIPTION OF PROPOSED SERVICES Location: Dublin Library Contractor shall provide janitorial services and all cleaning supplies to sanitize, clean and maintain the interior and exterior areas of the building listed above. Services to include but are not limited to the elimination of all visible dust, dirt, litter, grime, stains, smears, finger marks, etc..., to the greatest practical degree possible, by performing the following: GENERAL REQUIREMENTS 1 Use all green cleaning products. 2. Ensure their staff is knowledgeable in the use of green cleaning products. 3. Furnish Library Dept with Material Safety Data Sheets. (MSDS). 4. .Post MSDS at job site and update as needed. 5. Provide the following recycled paper products: Toilet paper Toilet seat covers Paper towels 6. Have employees sign in & out for each shift worked. 7. Furnish Library Dept with pro-rated daily cost of janitorial service that Library Dept can use for monetary credit when vendor is unable to furnish service, for that day. 8. Furnish emergency janitorial service within four (4) hours of the requested time, on the day that the facility is open. 9. Provide a pager number, cell phone number or an office phone number that Library dept can use for weekend or night time emergency service. 10. Provide janitorial staff with either uniforms or ID badges that must be worn all times while actively working at the job site. 11. Verify that employees are U.S. Citizens or are Legal Resident Aliens. 12. Ensure that employees who are actively working at the job site shall have a basic understanding of the English language. Description of proposed services (location: Dublin Library) JS Building Maintenance Service Page 1 of 3 ~k{ ~3~. SPECIFIC REQUIREMENTS • All cleaning must be performed after hours on the day(s) ofthe facilities regular operating hours. • No meeting room set-up required. • Keep janitorial storage area clean, organized and odor free. • No cleaning is required in the following areas: expansion room, interior lobby, two public bathrooms in lobby and all meeting rooms and meeting room kitchen, per furnished facility map. General Cleanine To be performed daily: 1. Clean public desks, chairs, tables, study carrels, counters, cabinets and bookcases of dust, dirt, fingerprints, foreign and unsightly manner. 2. Clean and disinfect sink(s). 3. Clean, disinfect and polish drinking fountain(s). 4. Empty waste baskets, kitchen garbage cans, recycling cans and remove waste from building. Sort waste into correct waste containers. Keep central garbage area clean. 5. Line waste baskets with recyclable liners. Wash/clean waste baskets as required. 6. Remove fingerprints, graffiti tape, gum and other marks from doors, mirrors, walls partitions, wood trim and other vertical surfaces. 7. Clean glass display case. To be performed monthly: 1. Dust blinds. (6' ladder may be required) 2. Dust partitions, ledges, baseboards, shelving, window sills and wall mounted items. 3. Dust high areas, including top of shelving and remove cobwebs. (12' to 15' extension to duster may be required) Lunch Room To be performed daily., I. Wipe tables and countertops. 2. Remove fingerprints from cabinets. 3. Clean sink, only if it is empty. Vendor is not responsible for washing dishes or removing dirty dishes from sink. 4. Refill dispensers. Vendor is not responsible for cleaning stoves, microwaves, toaster ovens, coffee makers, etc. _ Description ofproposed services (location: Dublin Library) JS Building Maintenance Service Page 2 of 3 v Floors To be performed daily: Vacuum carpets and rugs per furnished floor plan. To be peformed quarterly: (Jan, Apr, July, Oct) Strip and wax non-carpeted areas and re-seal with anon-slip product, as per furnished floor plan. Notify the Unit Supervisor five (5) days prior to stripping. r m To be performed daily: 1. Clean and disinfect lavatories, bowls, seats, basins and urinals. 2. Disinfect the walls and partitions to a. height of four (4') feet from the floor. 3. Clean graffiti from walls, doors and partitions. If unable to clean graffiti, vendor must notify library staff. 4. Clean and polish mirrors, dispensers, containers, fixtures and fittings. 5. Clean and disinfect floors and leave anon-slip surface. 6. Refill dispensers. 7. Clean floor drains, flush with water. Windows To be performed daily: 1. Clean interior lobby doors on both sides. 2. Clean both sides of group study area glass wall and interior doors. To be performed weekly: 1. Clean office glass window and glass door windows. 2. Clean both sides of glass wall between the teen area and the adult reading area. Liaht Bulbs & Fluorescent Tubes All re-Tamping is done by the city. Description of proposed services (location: Dublin Library) JS Building Maintenance Service Page 3 of 3 ~~~~ Exhibit B To the Janitorial Services Agreement between City of Dublin and J.S. Building Maintenance Services December 2, 2008 ~ 3v- October 27, 2008 Steven Yee, PE Public Works Manager (Maintenance) City of Dublin 100 Civic Plaza Dublin CA 94568 Re: Proposal for Janitorial Services (location: Dublin library) To the City of Dublin, Thank you for this oppurtunity to present our proposal to provide janitorial services at Dublin library for year 2009. We at JS Building Maintenance Service always strive to provide the best services to our customers. Our customer's goodwill is our greatest asset and we work hard to retain that goodwill. Please find attached our proposal for janitorial services at Dublic library. The Proposal is essentially the same what we received from County of Alameda (location: Dublin library) for the year 2008. and current services at Dublin library is performed in accordance with the same. The pricing for the year 2009 will remain the same as for year 2008. The price breakdown for monthly service is as follows: Janitorial services $ 1920.00 Supplies $ 230.00 Tax (supplies only) $ 20.12 Total $ 2170.12 We look forward to your comments and if awarded the contract as your cleaning service, we will maintain the high level of performance we know you expect. We look forward to a long and mutually beneficial relationship with you and your firm. Sincerely, Singh ~ ~,~ JS Building Maintenance Service 35801 Plumeria way, Fremont CA 94536 (510) 896-8069 Phone (510) 896-8447 Fax Attachment: Description of Proposed Services Location: Dublin Library CITY OF DUBLIN BUDGET CHANGE FORM New Appropriations (City Council Approval Required): From Unappropriated Reserves X From New Revenues -General Fund Reimbursement DECREASE BUDGET ACCOUNT AMOUNT Budget Transfers: CHANGE FORM # From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other INCREASE BUDGET ACCnT1NT~ AM(lT7NT Name: General Fund -REVENUE - Reimbursements - General Account#:001-570-005 $ 13,021 Name: General Fund -Expenditure LIBRARY -Contract Services -Building Maintenance Account. #: 001-80100-740-001 $ 13,021 Fin Mgr/ASD: Signature Date: ~ t ao Q REASON FOR BUDGET CHANGE ENTRY: The City as the owner of the Dublin Public Library will be providing the janitorial service for the building. Previously Alameda County Library provided the service. Under the proposed arrangement the City will be reimbursed by the County Library for the cost incurred. Therefore, there is no net City expense associated with this change. City Manager: Signature As Approved at the City Council Meeting on: Mayor: Signature Posted By: Signature Date: Date: 12/2/2008 Date: Date: ATTACI~IENT #~ F:\Agenda\2008_Library_Janitorial\12_2BUDGCHNG_LibraryJanitorial. DOC