HomeMy WebLinkAboutReso 217-08 Library Janitorial SvcsRESOLUTION NO. 217 - 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 as Exhibit A.
PASSED, APPROVED AND ADOPTED this 2°d day of December 2008 by the following vote:
AYES: Councilmembers, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
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City Clerk
Reso No. 217-08, Adopted 12-2-08, Item 4.8 Page 1 of 1
JANITQRIAL 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. Tfie 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.
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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 or cost 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 hourty basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.5 Reimbursable Exaenses. 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.
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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 sinkslfloor 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
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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 Ciry 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 scone 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
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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.
c. An endorsement must state. that coverage is primary insurance with
respect to the City 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.
Janitorial Services ~
City of Dublin and J
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 coveraae. 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
cement oetween
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December 2, 2008
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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
orself-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
indemnifyr, 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,
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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 Califomia 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 Califomia 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.
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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 Epua! Opportunity Contractor shall 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 shalt be entitled to compensation for services
perforated 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.
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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.i 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;
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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 bylaw, 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 party 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.
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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 Califomia in the County of Alameda or in the United States District Court
for the Northern District of Califomia.
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 Califomia Govemment 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
Govemment Code §1090 etseq., 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 Govemment 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.
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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
i 00 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 report/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 i 3
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
CONTRACTOR
Mayor (Name, Titie)
Attest:
Caroline Soto, City Clerk
Approved as to Form:
_.. , t~ifi: Attorney
G:UdA1NTENANCE18uildingsUanitodal Services~2007 Request for ProposalsUanitodal Services Agreement 2009 - Library.doc
Janitorial Services Agreement between December 2, 2005
City of Dublin and J.S. Building Maintenance Services Page 13 of 13
Exhibit A
To the
Janitorial Services Agreement between
City of Dublin and J.S. Building Maintenance Services
December 2, 2008
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 REOLTIREMENTS
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
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:
l . 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.,
1. 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 of proposed services (location: Dublin Library) JS Building Maintenance Service Page 2 of 3
Floors
To be performed daily.•
1. 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.
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.
s~n~s
To be performed daily:
l . 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.
Licht Bulbc ~ Fluoresoait 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
~~ ~ iflll~~l
October 27, 2008 s. ~~: -.. ;.~1
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 fbr 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,
J
Jag ingh ~ Y~
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