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STAFF REPORT
DUBLIN CITY COUNCIL
CITY CLERK
File # ^~0 D~-3~~
DATE: August 17, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . First Amendment to Agreement with J.S. Building Maintenance Service for
Janitoriat Services
Prepared By: Nicole Gonzales, Administrative Analyst
EXECUTIVE SUMMARY:
The City entered into contract with J.S. Building Maintenance Service on December 2, 2008.
The contract began on January 1, 2009 and ends on June 30, 2012. Due to budgetary
constraints, City Council approved the reduction of operational hours at the Dublin Library for
Fiscal Year 2010-2011. The reduction included the closure of the Dublin Library on Fridays of
every month beginning in September 2010.
FINANCIAL IMPACT:
Under this Agreement, the contractor provides janitorial services to the City. These services are
funded through the City`s General Fund. A reduction of janitorial services at the Dublin Library
will result in a savings of $3,094.37 for Fiscal Year 2010-2011.
RECOMMENDATION:
Adopt the Resolution Approving First Amendment To Janitorial Services Agreement Befinreen
the City of Dublin and J.S. Building Maintenance Service.
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Submitted By Revie y
ublic Works Director Assistant City Manager
Page 1 of 2 ITEM NO. ~~ ~
DESCRIPTION:
The current Agreement with J.S. Building Maintenance Service was approved by the City
Council on December 2, 2008, and expires on June 30, 2012 (Attachment 1). In response to
fiscal year 2010-2011 budgetary constraints, a reduction in Dublin Library operational hours was
approved by the City Council at the City's Budget Hearing on June 22, 2010. The reduction in
operational hours resulted in the reduction of building service on Fridays due to the Library's
closure on those days beginning in September 2010.
The proposed Amendment will also reduce the scope of services for the remainder of the
contract term as follows:
Janitorial services at the Dublin Library (cleaning of Library, Library office space
and restrooms) will be decreased from 7 days/week to 6 days/week effective
September 1, 2010, with an estimated reduction for Fiscal Year 2010-11 of
$3,094.37.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public notification required.
ATTACHMENTS: 1. Current Agreement dated December 2, 2008
2. Resolution Approving First Amendment to Janitorial
Services Agreement between the City of Dublin and
J.S. Building Maintenance Service together with Exhibit "A,
Amendment.
Page 2 of 2
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JAMTORIAL SERVICES AQREEMENT BE'NVEEN
THE CI7Y OF ~UBUN AND J.S. BUILDING MAINTENANCE SERVICE
TH(S AGREEMEIdT tor consulting servloes is made by and be#wesn the CiIY QF DUBLlN ~°City")
and J.S. Bu(Iding Maintenance Service ("Contracto~ as of January i, 2009
ection i E lCES. Su~Ject ta fihe terms and canditions set forth in this Agreemen#, CaMractor
shal! pravide to Cityr the seroices described in the Scope of Servlces attached as Exhibit A at the time and
pface and in the manner specflied therefn. In the event of a con(Ilct (n or inconslstency between the terms
of this Agreement ar~ Exhibit A, the Agreement shall prevaii.
1,1 Term of Servlces, The term af this Agreement shail begin on January i, 2049 and shalf
end on dune 30, 20i2, the da#e of compietian specified in Exhibit A, and Contractor shall
complete the services described tn Exhibi# A, unless the term of ihe Agreement Is
otherwise terminated or extended, as provided for in Section 8, The time provided ta
Contractor to complete the services required by this Agreement shali not afiect the City's
rlght to termfnate the Agreement, as provided #or in Section 8.
1.2 Stan~ard of Performance, Contrac#or shall perform al! servfces required pursuant to
th~s Agreement in the manner and according io the standards obseroed by a competent
practitioner of the profession in which Contractor is en~aged in the geographlcal area in
which Contractor practiees lts 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 narmally observed by a person practicing in Contractars profession.
1.8 Assi~nment of Personnel. Contractor shall assign only competent personnel to perform
seivlces pursuant to fh~s Agreement. In the eveM that City,1n its.saie discretion, at any
tfine during ihe term of this Agreemant, desires the reassEgnment of any such persons,
Contrac#or shall, immediately upon receiv(ng notice from City of such deslre of Ciry,
reassign such person or persons. _
1.4 ne Contractor shall devote such iime to the performance of servfces pursuant to this
Agresment as may be reasonably necessary to meet the sEandard of performance
provfded in Section 1.1 above and to satisiy Contractor's obligations hereunder.
Contractor shall not be responsible for delays beyond Contractor's reasonable control.
e 2 _GOMPEiVSAT[ON, City hereby agrees to pay Contractor per facility, per month fees as
set forth in Exhibit B, notwlthstanding any contrary (ndications that may be contalned irt Contractor's
proposai, for services to be performed under ihis Agreement. In the event af a conffic# between thls
Agreement and Cantractor's propasal regard~ng the amount of cornpensa~ion, the Agreement sha(I prevail.
City shall pay Contractor for seroices rendered pursuant to this Agreement at the time and fn the manner
set fort~ herein. T~e payments specified below stiall be the only payments from Clty to Cantractor for
services rendered pursuant ta ih€s Agreement Contractor shali submif a!f fnvofces to City in the manner
spec~fied hereln. Except as specificaliy aulhorized by City, Contrac#or sha11 not bill Cny for dupliea#e
services per#ormed by more than one.person.
Janitor~al Servlces Agreement between December 2, 2008
City of Dublin and J,S. Builc~ng Malntenance Services u~..s +..~ +~
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ATTACHMENT 1. ~;
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Cantractor and City acknowiedge and agree that compensatian pa[d by City+ fo Contractor under this
Agreement is based upon Contracfors e5timated costs of provlding the servEces requlred hereunder,
inc(uding salaries and bensfits of employees and subcontractors af Contractor. Cor~sequently, the parEies
fu~ther agree that campensation hereunder is intended to include ~he costs of contribu~ons to any pens~Ons
andlor annuities to which Contracfor and its employees, agents, and suboontractors may be eligible, City
therefore has no responsibility for such cont~lbutions beyond oompensat~on required urxler thIs Agreement.
2.1 fnvolces. Contractor shal! submit involces, not more often than once a month during the
term of this Agreement, based on the cosE far services performed prior to the lnvofce date.
Invoices shali cantain the fallowing Enfarmation:
• Clear numerical identification, with no duplication of numbering;
• The beginning and ending dates of the billing perlod;
^ The cast per each tacility for the speci#isd month, lf the bllling ts fqr autha~zed
extra work, the billing shall include the date and desc~iption of the work and shall
be submitted within 14 days of pe~forming the work.
^ The tota# number af hours of work performed under the Agreement by Consultant
and eac~ emplayse, agent, and subcontractar of Consuitant performing serolces
hereunder, as well as a separate notice when the total number of hours of wo~c by
Consuitan# and any individua! employee, agent, or subcontractor of Consuitant
reaches or exceeds S00 hours, which shali lnclude an esiimake of the time
necessary to compfete the work described in Exhibit A; ~
^ The Contracto~'s signa#ura.
2.2 onthl}~yment. Ci#y shall make monthly payments, based on invo(ces received, for
servlces satisfactorlly performed. City shaif have 30 days fram the receipt of an Invoice
that complies with al! o# the requirements above ta pay Contractor.
2,3 Total Pavment. Ciry sha~l pay #or the seNices to.be rendered by Contractor pursuant to lhis
Agreement. City shai[ not pay any addi#ional sum for.any expense or cost whatsoever incurred
by Contractor in rendering services pursuant to #his Agresment.
In no event shall Gontractor subrnit any fnvotce for an amounk In excess of the maximum
amo~nt of compensatian prov(ded above either for a task or for the sntire Agreement,
uniess the Agreement (s modifled prior to the submission of such an fnvo~ce by a properly
executed cnange order or amendmenk, .
2.4 Hourlv ~ees. Fees for work performed by Cantracior on an hour~y basis shali not exceed
the amounts shown on the compensaiion schedule a#tached hereto as Exhibit B. .
2.5 Reimbursable ~xnensas, Contractor shall nat be eligible far refmbursabfe expenses.
2.6 Pavment of Taxes. Contractor is solely responsible for the payment of employment taxes
Incurred untler t~is Agreement and any slmllar federai or state taxes.
Janitorial Seroices Agreement between ~ December 2, 2006
Ciry of Dublin and J.5. 8uilding Maintenance Services Page 2 of 13
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2.7 Pevment uoon Termination. tn the event that ihe City or Cont~actor terminates this
Agraement pursuant to Section 8, the City shall compensate the Contractor for al(
outstanding cos#s and reimbursable expanses incurred for work satisfactorily camp(eted as
of the date of written notice af terminatlon. Contractor shall malntain adequate logs and
timesheets fn order to verify costs lncurred to that date.
2.8 ~uthortzation ta ~erfo~m Servlces. The Confractor Is not authorized to perform any
services or incur any costs whatsoever under the terms of th9s Agreement until receipt of
authorization from the Contract Adminlstrator.
2.9 Rate Adiastments. Consultant wiil be entit(ed to request a rate adjustment for each fiseaf
year beginn~ng July 1, 2009, the amount ot sald inaease #o be approved by the Ciry.
ection 3. FAC1LtTIES AND EQUIPMENT. Excep# as set forth herein, Contractor shall, at its sole
cos# and expense, provide all facillties and equlpment that may be necessary to pe~#onn tfie services
required by this Agreement. City shal( make availabte ta Contractor only t~e faclfities and equipmenf iisted
in this section, or as described in Exhibit A attached hereto, and only under the terms and conditions set
farth herein.
City shall furnish physicaf facilities such as storage closets and sinks/floor s9nfcs, as may be reasonably
necessary for Contracto~'s use. Contractor is obligated to use and maintafn these facilities fn an orde~{y
fashian and with reasonabfe care, cornplying with a11 applicabfe building, fire,~and safety codes. Where
actuaf Janitor storaga dasets are not availabfe (for exampie, fn the portable buildings} janltorial staff may be
required to transport c~eaning equipment fo the site as needed).
S cte lon 4• iIVSURANCE RE~UIREMENTS, Betore beginning any work under this Agreement,
Con#ractor, at its own cas# and expense, sha(I procure 'occurrence cQVerage` insurance against clalms
for injuries to persons or damages to property that may arise from or ~n connaction with the performance
o# the wor[c hereunder by the Contractor and its agents, representaBves, employses, ar~d subcantractors.
Contractor shall provide proof satisfactory to Ciry af such insurance that meets the requirements af ihis
section and under forms of lnsurance saiisfactory In all respects to the City. Contractor shall maintain
the insurance polictes required by thls section throughouE the term of thls Agreement. The oost of sueh
fnsurar~ce shall be included In the Contracta~'s bld. Contractor sha11 not allow any subcantrac#or to
commence work on any subcontract until Contractor has obtained all insurance reguired hereln for the
subcontractor(s) and prav~ded evldence thereof to City. Verifiication of the requlred Insuranoe sha1l be
submitted and made part of this Agreement prior to execution. . ~, ~ ~
4.1 Workers' Campensa#ion. Contractor shall, at its sale cost and expense, ma(ntaln
Statutory Workers' Compensahon Ensurance and Employet's Liability Insurance for any
and all pe~sons employed dlrectly or indirecNy by Contractor. The Sta#utory Workers'
Compensation Insurance and Emplayer's Liabill~ Insurance shali be provided wlth limils of
not less than ONE MILLION DOLLARS ($1,000,000.00~ per acddent, In the altemative,
Contractor may rely on a self•insurance program to meet those requfrements, but anly if
the program af self•insurance complies fully with the provlsions of ihe Cal'rfomia Labar
JaNtorial Ssrvlces Agreernent between December 2, 2008
City af Dublin and J.S. ~uilding Malntenance Services Page 8 of 13
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Code. Determination of whether a'self-lnsurance program meets the standards of the
Labor Code s~all be saleEy in tha discretion of the Contract Adminlstrator, The (nsurer, if
lnsurance is provided, or the Contractor, ff a program of self-insurance is provided, shalf
waive all rights of subrogatlon against the Cfty and !ts officers, o~icials, empioyses, and
volunteers for loss arising from wa~k performed under this Agreement.
An endorsement shall state that caverage shal[ not be canceled except af#er thlrty (38)
days' prfor written notic@ by ce~tified mail, retum receipt requested, has been given to the
City. Contractor shall notify City within 14 days of na~fication from Confractor's Insurer €f
such coverage is suspended, volded or reduced in coverage or in limits.
4.2 Commerclai General and Aut mobi e Liabili Insu ance,
4,2,1 General reaulremen#sw Contractor, at its own cost and expense, shall maintain
commsrcial general and automobife liabflity insurance for the term of #his
Agreement in an amount not less than ONE MILLfON DQLLARS ($1,000,000.00)
per occurrence; combined sfngle limit coverage for 'risks associated with the work
contemplated by this Agreement. If a Commercfai Qeneral Liabillty Insurance or
an Automobile Liabiiity form or other iorm with a genera! aggregate limit is used,
either fhe generaf aggregate llmit shal! apply separatety to ths work to be
performed under this Agreement or the general aqgregate limit shail be at least
twice the required occurrence limit, Such coverage shall inciude but shalf not
ba limited to, protection aga[nst claims arising fram bodily and personal injury,
including daath resuiqng therefrom, and damage to property resulting irom
activities cantemplated under this Agresment, including the use of owned and non-
owned automobiles.
4.2,2 Minlmum scaae of cov,esaae. Commercial general caverage shall ba at (east
as broad as Insurance Services Office Commerclai General l.iability occurrence
form CG 0001 or (nsurance Servlces 4fifice form number GL 0002 (ed, i/73)
covering comprehens(ve General Liability artd Insurance Services Offlce form
number GL 0404 cavering Broad Form Comprehens~ve General Liabil[ty,
Automobile coverage shall be a# least as broad as lnsurance Services Office
. Automobile I,iability form CA 0001 Code 1(any auto) or Code 8 and 9{non-owned
if consuitant has na owned automobiles~, No endorsement sha[I be attached
limiting the caverage.
4,2.3 Additional requ(rements. Each of ihe fo1(owing shall be included in the
lnsurance coverage or added as an endorsement to the pol~cy:
a. Ciry and its offlcers, employses, agenfs, and volunteers shail be oovared
as additional Insureds w~th respect to each of the following: flability arising
out of activities performed by or on behaff of Contractor, including the
insured's generaf supervision of Contractor, products and campleted
operations af Confractor; premises owned~ ooc~pied, or used by
danttonal Services Agreement between
Ciry of Dublin and J,S, 8uilding Maintenance Seroices
~tber 2, 2008
Page 4 of 13
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Cont~ac#or, and automobiles owned, leased, or used by the Contractor.
The coverage shail contain no spec~a! fimitations on #tie scope of
protection a~iorded to City or tts officers, emplayees, agents, or
vofuntesrs.
'~he Insurar~ce shall caver on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement mus# sfate that coverage Is primary insurance with
respeci to the Ciry and its officers, oHlcials, employees and volunteers,
and that no insurance or self-lnsurance maintained by t~e Ci#y shall be
called upon to contribute to a Ioss under the coverage,
d. Rny failure of Contractor to comply with reparting provisions o€ the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
e. ~ An endorsement shall state that coverage shall no# be canceled except
after thirty {30) days' prior written notice by certified mail, retum rece(pt
requested, has been givert to the City. Contractar shall notify City withln
i4 days of notificafion trom Contractor's lnsurer if such coverage is
suspended, voided or reduced in coverage or in Ilmits.
4,3 eserved,
4.4 Ali Policles Reaulrements
4.4.1 Accentabllitv of Insurers. All fnsurance required by thfs section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Veriflcatlo~ af coveraae, Priar to beg(nning any work under~ thls Agreement,
Contractar shal! #~rnish City with certificates of insurance and w(th original
encbrsements e#fecting coverage required herefn. The certificates and
endorsements for each Insurance poficy are to be signed by a person auihorized
by that insurer to bind coverage on Its behalf. The City reserves fhe r~ght to
require complete, cer#i~ied copies af all requfred Insurance policias, at any tlme.
4.4.3 Subcontractors. Contractor shall include all subcontractors as (nsureds under~ its
policies .or shall fumish separate cerffflcates and endorsemeMs for each
subcontractor. All coverages ior subcontractors shall be subject to al( of the
requlrements stated herein.
4.4.4 riatlo . The City may approve a variafion in the foregoing insurance
requirements, upon a determinatton ihat the ooverages, scope, limits, and forms
~anironai Seroices
City of Dublln and
na+ndr~i oe~roeen QeCembe~' 2, 2008
Bu~l~ing Maintenance~Seroices Page 5 of 13
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of such insurance are either not commerc~aliy available, or that the City's interests
are otherwlse fuliy protecied.
4.4.5 Deductibtes and Selt-insured Retentlons, Contractor shal! disclose to and
. obfain the approvaf of City for the self-insured retentlans and deductibles before
beginning any of the services or work called for by any term of this Agreement.
d~~~9 the period covered by this Agreement, only upon the prior express written
authoriza#ton of Confract Administrator, ConEractor may increase such deduc#ibles
or self-insared retentions wlth respect to Ciry, fts officers, employees, ager~fs, and
_ volunteers.. The Contract Administrator may conditfon approval of an increase in
deducti6le or self-insured retent~on levels w~th a requirement that Contractar
procure a bond, guaranteeing payment of losses and related investlgatfons, claim
administration, and defense expenses that fs satis~actory in all respects to eac~ of
them.
4,4.8 Notlce of Reduc#ton ln Coverane In the event that any coverage required
by this section fs reduced, fimited, or mater~ally aifected in any other manner,
Contractar shall provide written not3ce to City at Contracto~s earl(est possibfe
opportunity artd in no case la#er #~an five days af~er Cantractor is noiifled of the
change in coverage.
4.5 Remedlea, In add(tion ta any ot~er remediss City may have if Contractar fails to provide
or maln#ain any insurance policies flr policy endorsements #o the extent and wflitin the time .
herein requfred, City may, at its sole option exercise any of #he folfowing remedies, which
are altematives to other remedies City may have and are nok the exclusive remedy for
Contracto~'s breach: ~
^ Obtain such insurance and deduct and retain the amount of the premiums for such
tnsurance from any sums due under the Agreement;
^ Order Contractor to stop work under 'this Agreement or withhold any payment that
becames due fo Contractor hereunder, or bofh stop work and withhold any payment,
until Contractor damonstrates compllance with the requirements hereof; and/or
^ Terminate th~s Agreament.
Section 5. INDEMNlFiCATIOM AND CONTRAC'fOR'S R~SPONSIBILITjES. Contractor shall
fndemnify, defend wfth counsel selected by the City, and ttafd harmless the C3ty and its officials, officers,
employees, agents, and volunteers fram and against any and all lasses, (fabllity, claims, salts, actions, ~
damages, and causes of action ar~sing out~of any personai injury, bodi{y lnjury, Ioss of life, or damage
to praperty, or any violation af any federal, state, ar munlcfpa! law ar o~dinance, to the extent caused, In
whole ar in part, by .the wil(ful misconduct or negllgent acts ar omiss(ons of Cantrac#or or its employees,
subcontractors, or agents, by acts for which #hey couid be he(d strictly Ifable, or by t~e quaffty or character
of thelr work. The foregoing obliga#ion ot Contractor shall not app~y when (1) the injury, loss of life,
Janitodal Services
Gity ot Dublin and
8utiding Maintenance SeroIces
Page 6 of i 3
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damage to praperty, or vialation of law arises wholly from ihe neqliger~ce or wlllful misconduct of the
City or Its offi.cers, employees, agents, or volunteers and (2} the actions of Contra~tor or its emplayees,
subcontractor, or agents have contributed 1n no part to the injury, lass of Iffe, damage to property, or
violation of faw. It ls understaod that the duty of Contractor to indemnify and hofd harmless Includes ti~e
duty to dsfend as sat forth in Sectian 2778 of the Califomia Civfl Code. Aa;eptancs by CKy of insurance
cerlf~eates and endorsements required under this Agreement does not relreve ConEractor f-om Ifability
under th(s indemniflcat~on and hold harmless clause. Thls Indemnificatian and hofd harmless clause shaU
apply to any damages or claims for damages whether or not such Insurance policies shal! have been
determined to appEy, By executlon of thls Ag-eement, Contrac~or acknowledges and agrees to the
provlsfons of thls Section and that lf (s a material element of consideration.
In #he event ihat Contractor or any employee, agent, or subeontrac#or o( Contractor providing services
under #hfs Agreement is determined by a court of competenf jurisdiction or the Caliiorn€a Publlc Employees
Retlrement System (PERS} to be eligible for enrollment in PERS as an employee of, City, Contractor shall
indemnify, defend, and hold harmless Ciry for the payment af any employee and/or empfoyer contnbutions
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 confributions, which wauld otherwise be lhe respons~bility
of City. .
Sectlon 6. $TATUS OF CONTRACTOR,
6.i ~ndeaendent Contractar. At all times during the term of this Agreement, Cantractor
shall be an indspendent contractor and shall not be an empfoyee of City. City shall have
the right to control Contractor onfy insofar as fhe results af Contractots services rendered
ptsrsuant to thls Agreement and assignment of personnel pursuant to Subparagraph 1,3;
however, otherrvise City shall not have the right to confroi the means by~which Contractor
accompllshes services rendered pursuant ta this Agreement. Notwithstanding any other
City, stata, or federal po)icy, rufe, regulatlon, law, or ordinance to tite contrary, Contractor
and any of (ts employees, agents, and subcont~actors providing semces under this
Agreement sha(! not qualify tor or become entitlsd to, and hereby agree to~waive any and
all claims ~to, any compensatian, benefit, or any incident of empfoyment by City, including
but not Ifmited to eligibllity to enroff in the Califomla PubEic Employees Retirement System
(PERS) as an employee of CIty and entitlement to any contrlbui€on to be paid by City for
employer contrlbut(ons and/or empfoyee contrlbuitons for PERS benefits.
6.2 Contractor No Aaent. Except as Ciry may speci~ in wMing, Contractor shall have no
autho~ity, express or~impiied, to act on behalf of Ciiy fn any capacity whatsoever as an
agent, Contractor shal! hava no authority, express or fmplied, pursuant to this Agreement .
to bind City to any obligation wt~atsoever.
Sect- ian 7t t,EGAL REQEJIREMENTSt
7.1 Governing Law. The laws of the State of Califamla shalf govern this Agreement.
Janltorial Services Agreement between December 2, 2008
City of Dublin and J.S. Building Maintenance SeNices ~ Page 7 bt 13
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7.2 Comn!lance with ADClfcable Laws Contractor and anj+ s~bcontractors shali camply wlth
all iaws applicabie to the performance of the work hereunder.
7,3 the vernmental Regulailons To the extent that thfs Agreement may be funded
by fiscal assistance from another govemmental entity, Contrac#or and any subcontractors
shali comply with ali appticable r~les and regulations to which City fs bound by the terms of
such fisca! ass(stance program.
7.4 l.fcenses and Rermlts, Contractor represents and warrants to City thaf Cantractor and ifs
employees, agents, and any subcontractors have a11 licenses, permits, quali~ications, and
approvals of whatsoever nature that are fegally required to practice their respective
professions. ContracEor represents and war~ants to City fhat Contractor and its
employees, agsnts, any subcontractors shall, at their sole cost and expense, keep in
e(fect at all times during the term of this Agreement any licenses, psrmi#s, and approvafs
that are legal(y required to practice thefr respective profess(ons. In addition to the
foregoing, Contractor and any subcon#rac#ors shall obtain and maintain during t~e term
of this Agreement valid Business Licenses #ram City.
7.5 Nondiscriminatlan and EquaJ ~p~ortunitv Con#ractor shalE not disc~imfnate, on the
basis of a psrson's race, refigion, cofor, national arlgin, age, physical ar mental i~andicap
or disability, medical condition, mar~tai status, sex, or sexual orientation, agalnst any
empfoyee, applicant for emplayment, 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 w~th aU appifeable federal, sta#e, and focaf laws,
policies, r~les, and requirements related to equal apportunity and nondiscriminat{on in
employment, contracting, and the provision of any services that are the subject af th~s
Agreement, lncluding but nat limi#ed ta the satEsfaction of any pos~tive obligations required
of Contractor thereby.
Con#ractor shall lnclude #he provlsfons of thfs S~bseclion ln any subconfract approved by
the Contract Administrator or thls Agreement.
Sec#ion 8. T~RMtNATION AND M~t~I~ICATt01V
8.f Terminat~an. City may cancel this Agreement at any time and wlthout cause upon written
notification to Contractar.
Contractor may cancel th€s Agreement upon thir#y (30} days' written notke to City and shall
include In such notice the reasons for cancelJafion,
In the event of #ermina~ion, Gontractor shaif be entitled to cornpensation for ser~ces
performed to the efifective date of iermination; Cit~r, however, may condition payment of
such compensatfon upon Contractor delive~ing to ~ity any or all documants, photographs,
computer software~ video and audia tapes, and other materials pro'vlded to Contractor or
prepared by or ior Contractor or the City in connection with this Agreement,
varulUlltif a~CfYI~iHS Kg/@8R19f1I DBIWA@n DBCeI1}b8r Z, 2~08
Clty of Dublin and J,S. Building Ma~ntenance Services . Page e of 13
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8<2 Extenslon. City may, in (ts sole and ~exdusive discretion, extend the end date of thls
Agreement beyond that provided for in Subse~tion 1,1, Any such ex~ension shalf requlre
a written amendment to th€s Agreement, as provided for herein. Cantractor understar~ds
and agrees that, lf City grants such an extensian, Cit}r shail have no obfigation fo provide
Contractor with compensation beyond the maximum amount provided for In thls
Agreement. Sfmilady, unisss authorized by tha Contract Administratar, Ciiy shall have
no obligation ta reimburse Contractor for any othen~rise reimbursable expenses incurred
dudng the extension period. ~
8.3 Amendments, Ttie par~es may amend this Agresment only by a writing slgned by all the
pa~ties.
8,4 l~ssi~nment and Subcontractina. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contraetor and is based upon a
determina~on of Contractor's unique personal competence, experience, and specialized
personai knowledge. Moreover, a substantiai inducement to City #or entering lnto this
Agreemsnt was and Is the professional reputation and competence of Contractor.
Cont~actor may not assign th(s Agreement or a~y interest therein without the prior written
approval of #he Contract Rdministrator. No portion of the serokes provided pursuant ta
this Agreement may be subcontracted or assigned without prior approval of the City of
Dublln. Requests to subcontract ali or any portion of services required by this Agreement
shall be submitted to the City's Contract Administrator, or i~fsmer deslgnee, at least ihirty
~30) days in advance of the proposed effectfve date of t~e subcontract. Contractor shall
include in this wr~tten request a detailed descrlption of how the Contractor plans to oversee
the seroices performed by the proposed subcontractor. Contractor shail be responsi~le for
se~vices provlded by any subcantrackor as if Contrac#or were providing the services with its
own organfzatlon. Any subcontractar who will provfde services inside the Police Facility
shall have success(ully passed a backgraund check as described above prior to
commencing work in that building. Contractor shalf bear the expense of any subcontractor
~ background checks
8.5 S rv val All obligat(ons arising prior to the terntination of this Agreement and afl
provtsions of this Agreement allocating 1labillty between City and Contractor shall
survlve the termination of this Agreement.
8.6 Op#ions unon 8reach bv Contractor. !f Contractor materlally breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, fhe tollowing:
8.6.1 lmmediately terminate the Agresment;
8.6,2 Retafn the plans, specificatians, drawings, reports, deaign documentsr and any
other work product prepared by Confractor pursuant fo thls Agreement;
Janftoriaf SeNioes Agreement between December 2, 2008
Clty of Dublin and~J.S. 8uifding Maintenance Se-vices Page 9 of 13
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8.6.3 Retain a different Contractor #o complete #he work described in Ex ibit not
€inished by Contractor; or
8.6.4 Charge Contractar t~e difference between the cost to compiete the wark described
(n xhibit A that is unfinished at the #ime of breach and the amount that City would
have pafd Contractor pursuant to Section 2 if Contractor had comp)eted t~e work.
e o 9. KEEPING AND STATUS OF RECOFiDS
9,1 Records Creaked as Part af Contractor's Pertarmance All reparts, data, maps,
models, charts, studies, surveys,'photographs, memoranda, plans, studies, speclflcations,
records, files, or any other doeuments or materials, in efectronic or any other form, that
Contractor prepares or obtains pursuant to ihis Agreament and that relate to fhe matters
covered hereunder shali be the property af the Ciry. Contractor hereby agrees to defiver
those .documents to #he Ci#y upon terminatfon of the Agreement. It is understood and
~ agreed that the dacuments and other materials, includ~ng but not Ifmited to those described
~ above, prepared pursuant to thls Agreement are prepared specificaily for the Ciry and are
nof necessarily suitable #or any future or ofher use. City and Cantractor agree that, until
final approval by City, aEl data, pians, specifications, reports and other dacuments are
confidential and wfl( not be refeased to third parties without prior wrltten consent of both
parties.
9.2 Contractor's Books and Records Contractor shali maintain any and all )edgers, books
of acc;ount, invaices, vouchers, canceled checks, and ather recards or documents
evidencing or relating to crtarges for services or expenditures and disbursements charged
to the City under fhis Agreament for a mfnfmum of three (3) years, or for any longer period
' requlred by law, from the date of #inal payment to the Contractor ta thfs Agreement.
9.3 I~r snection and Aud~t nf Reeords Any records or documents that Sec#ion 92 of this
Agresment requfres Contractor fo maintain shall be made available #or inspect3on, audit,
ancVor copying at any time during regufar business hours, upon oral or written request af
ihe Cfty. Under Califamia Govemment Code Section 8546.7, if the amount of public tunds
expended under this Agreement exceeds 7EN TI~pUSAND OOLLARS ($10,Q~O,OOj, the
Agreement shal! be subject to the examinat[on and aud3t of the State Auditor, at the
request of City or as pa~t of any audit of the C(ry, for a period of three (3) yea~s after ~ina~
payment under the Ag-eement.
eatlon MISCELLANEOUS PROVISIONS
1 Q.1 Attorneys' Fees. If a party ta this Agreement brings any action, Inc~uding an adion for
declaratory rellef, to enforce or fnterpret the provision of thls Agreement, the prevailing
. partyr shall be entitled ta reasonable attarneys' #ees in addition fo any ofher rellef to which
that party may be entitled. The court may set such fees in the same actian or In a
separa#e action brought for that purpose.
Janitaria! Services Agreement between December 2, 2008
Cityr of Dublin and J.S. Buil~ng Maintenance Services Page 10 of 13
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i0,2 V n . In the event that.either pa~ty bcings any action against the other under this
Agreement, the parties agr~e that triai of such actfon shal! be vested exclusively ln the
state courts of Califomla in t~e County of AEameda or fn the Un~ted States Dlstrfict Court
for the Nflrthem Dfstrict of Califomia.
i0.3 e er i! If a court of competent jurlsdiction fiinds or rufes that any provislon of this
AgresmenE is fnvalid, void, or unenforesable, the provisians of this Agreemen# not so
adjudged shall remain in full force and effecf. The invalidi~y in whole or in part of any
provision of #his Agreement shall not void or af#ec# the validity of any other provision of
this Agreement,
10.4 No Impiled Waiver of Breach The waiver of any breach of a specific provlsion of this
Agreement does not constitute a waiver of any other breach of fhat term or any other term
of tt~is Agreement.
10.5 Successors and Assi ns The provisions ~f this Agreement shall inure to the benetit of
and shail apply to and bind ihe successors and assigns of the parties.
10.6 Use of Recvcled Products Contractor sha(! prepare' and submit all reports, written
studies and other printed materlal an recycled paper to fhe extenf it !s available at equal or
less cost than virgin paper. " _
10,7 Conflict of lnterest. Contractor may serve other c~ients; but none whose activi#ies
within the corporate 1lmits ~of City or whbse business, regardfess of #ocation, wouid place
Contractor in a"conflict of (nterest,u as that term is deflned in the Political Retorm Act,
codified at Califamia Govemment Code Section Bf 000 ef saq.
Contractor shall nat empioy any Ciiy offlc#al in the work performed pursuant to this
Agreement. No of~icer or employee of CEty shall have any financial interest in this
Agreement that wou(d violate CalifornEa Govemmenf Code Seclions i090 ef seq.
Contractor hereby warrants Ihat it is not now, nor has it been in the previous 1weNe (12)
months, an employee, agent, appointee, or officfai of the City. If Contractor was an
employee, ~c ent, appointee, or offidal of the City In ths prevlous fwelve months,
Cantractor warrants that it did not pa~fcipate in any manner In the forming of this
Agreement. Contractor unders#ands that, if this Agreement Is made in violation of
Qovemment Code §1090 et seq., the entire Agreement is vofd and Contractor w111 not be
endtied ta any compensation far servfces performed pursuant to th(s Agresment, irtcluding
re(mbursement of expenses, and Contractor wilE be requlred to refmburse the Ciry for any
sums paid to the Contractor. Contrac#or understands that, In addition to 1he foregoing, it
may be subject to criminai prosecut(on #or a violation of Govemment Cale § 109fl and,
if applicable, wiN be disqualified from holding pubHc off(ce in the State of Califomta,
f0.8 Soll 1 lon Contractor agrees not~ #o solicif business at any meeting, focus group, or
fnterview related to this Agreement, either oraily or through any written materials.
ua~nwua~ .7dtYIGtiS A9f9@f[I8f1[ D8ZV118811
City of Dublin and J.S, 8uifding Matntenartce Services
~mber 2, 20p8
Page 11 af 13
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10,9 Carttract Administration This Agreement shall be administered by Melissa Mor#on,
Publfc Wo~cs Dlrector ("Contract Administrator'}. A!I correspondence shap be directed
to or through t~a Contract Adminis#rator or his or her designea.
f0.10 No ces. Any written notice to Contractor shal! be~sent to:
Any wr~tten nofice to City sttall be sent to: Melissa Morton
City of Dublin Fublic Works
! 00 Civlc Piaza
Dublin, CA 94568
10,11 Professional Seal, Where applicable ln the determination of the cantract adminisfratar,
the first page ot a Eechnical repor#, first page of design speciflcations, and each page of
constructian drawings shall be stampedtsealed and sfgned by t~e licensed professiona!
responsible for the reportJdesign preparation. The stamp/seai shail be in a block entitled'Seai
and Signa#ure of Regisfered Professiona~ with reporfldesign responsibili#y," as in the foilowing
exampie.
IWA
Sea! and Slgnature of Registered Prafessional with
repor#/desigr~ responslbility. ~
City of publin and J.S. Buitding Maintenance Services
3mber 2, 2008
Page 12 of 13
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10.12 trt e atlan, This Agreement, inciuding (1) Ehe Scope of Serv(ces attached hereto and
incorparated hereln as Ex ibit A and its Attachments 1 t~rough 8, and (2) the
Compensation Schsdule attached herefv and lncorporated hereln as Exhlbit B, represenls
the entire and Integrated agreement betwean City and Contrac#or and supersedes ai! p~or
negotlatians, representations, or agreements, e€#her written or aral.
CITY OF DUBI.lN
CONTAACTOR
Mayar (~tame, Tltle)
Atfest:
Caroline Soto, City Clerk
Approved as to Form:
_.. , c':it~; Attomey
0:1MA1NTENANCE1Buidnc~sllan8artal Serofces12007 Requesl for ProposalsUanPoodaf Se~vlces Agceement 2009 - Lbrary.doc
Janitorlal Services Agreement between Qecember 2, 2008
Clty of Dublln and J.S. Building Malntenarace Services Page 13 of 13
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~xhlbit A
To the
Janltorial Serv)ces Agreement between
City of Dublin and J.S. Building Maintenance Services
December 2, 2008
~ ~ a-~ Z.~
DESCRTPTTON OF PRUPOSED SERVICES
Location: Dublin Libtaty
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 elimina#ion of all visibte dust, dirt, litter, grime, stains, smears,
finger marks, etc..., to the grea#est practical degree possible, by performing the foliowing;
C3ENERAL RF_.(I~JIRF~~
1 Use all green cleaning products.
2, Enseue their staff is krtowtedgeable in the use of green cleaning prodacts,
3. Furnish Library Dept with Materiai Safety Data Sheets, (MSDS),
4. Post MSDS at job site and update as needed. ~ ~
S. Provide the following recycled paper products:
Toilet paper
Toilet seat covers
Paper towels
5. Have employees sign in & out for each shift worked,
7. Furnish Library Dept with pro-rated daily cost of janitoriai service that Library Dept
can use for monetary credit when vendor is unable to furnish scrvice, 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 weckend or night time emergency service.
I 0. Provide janitorial staff wifh either uniforms or ID badges that mtist be worn aIl
times while actively working at the job site.
11 •'Verify tha# employees are U.S, Citizens or are Legal Residen# Aliens.
12. Ensure that employees who are actively working at the job site shall have
a basic understanding of the English language,
Description of progosed services (Iocation: Dublirt Library) JS Buildtng Malntenance Service Page I of 3
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~ Alt cleaning must be performed afterhours on #he da.y(s) ofthe facitities regular
operating honrs.
• No mceting room set-ttp rec~uired.
• KeBp janitorial storage area clean, organized and odor free.
• No cleaning is required in the foltowing areas; expansion roam, intcrior lobby, two
public bathrooms in lobby and al1 meeting rooms and meeting room kltchen, per
furnlshed facflity map.
General GleAning
To be performed dafly:
1. Clean public desks, chairs, tables, study carrels, counters, cabinets and bookcases
of dust, dirt, fingerprints, foreign and unsightly nnanner.
2. Clean and dislnfect sink{s}.
3. Clean, disinfect and potish drinking fountaln(s),
4. Empty waste baskets, kitchen garbage cans, recycling cans and remave waste from
building. Sort waste into carrect waste contalners. Keep centra! garbage area
clean.
5. Line waste baskets with recyclable Iiners. Wash/clean waste baskets as reqaired.
6. Remove fingerprints, graffiti tape, gum and other marks from doars, mirrors, walls
partitions, wood trim and other vertical surfaces.
7. C1ean giass display case.
To be performed mor~thly;
I. Dust blinds. (6' ladder may be required)
2. Dust partitions, ledges, baseboards, shelving, window silts and wat[ mounted
items,
3. Dust high areas, Including top of shelving and remove cobwebs.
{ t 2' to 1 S' extension to dus#er may be recluired)
To be performed daily.,
1. WIpe tables and countertops.
2. Remove f~ngerprints from cabinets.
3. Clean sink, only if lt is empty. Vendor is not responsible for washing
dishes or removtng dirty dishes from sink.
4. Ref~ll dispensers.
VeQdor is not responsible for cleantng stoves, microwaves, toaster ovens,
coffec rnakers, e#e.
nesertption ofproposed sen,tces (location: Dablin Library) 7S Buliding Melntenance Servlce Page 2 of 3
17 p ~= Zi~
~loors
To be performed daily.•
I. Vacuum carpets and rugs per furnished floor plan.
To be peformed quarterly: (Jun, Apr, .luly, Oct)
i. Strip aad wax non-carpeted areas and re-seal with a non-slip product, as per furnished
floor plan; Notify the Unit Supervisor flve (5) days prior to stripping,
~~
To be performed da~ly:
1. Clean and disinfect lavatories, bowls, seats, basins and urinals,
2. Disinfect the waIls and par~itions to a. height of four (4~ feet from thc £loor.
3. Clean graffiti from watts, doors aad partitions. If unable to clean graffiti, vendor
must notlfy Itbrary s~af~:
4. Clean and polish m€rrors, dispensers, containers, fixtures and ~ttings.
5. Clean and disinfect floors and leave a non-slip surface.
6. Refi11 dispensers,
7. Clean ftoor drains, flush with water.
To be performed daily:
1. Clean interior fobby doors on both sides.
2. Clean both sides of group study area glass wall and interior doors.
To be performed ~veekly;
1. Ciean oft3ce glass window and giass daor windows.
2. Clean bofh sides of glass walt between the teen area and fhe adult reading area.
AI! re-lamping Is done by fhe clty.
Descrtption ofproposed services (locatloa: Dublin Library) JS Bullding Maintcnance Service Page 3 of 3
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Exn-~~t B
To the
Janitorial Services Agreement between
City of Dubfin and J.S. Bullding Mafntenance Services
December 2, 2008
I~~-~- ,
RESOLUTION NO. XX - 10 Z~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*~***~****~
APPROVING FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND J.S. BUILDING MAINTENANCE SERVICE
WHEREAS, On December 2, 2008, the City Council approved a Agreement with J.S.
Building Maintenance Service to perForm janitorial services; and
WHEREAS, the City of Dublin is facing a budgetary shortfall and must reduce some services
in order to maintain a balanced budget; and
WHEREAS, on June 22, 2010 the City adopted the Fiscal Year 2010-2011 budget that
included reductions of janitorial services specifically related to the Dublin Library;
WHEREAS, the City wishes to amend the term of the agreement with the reduction of
janitorial services at the Dublin Library on Fridays of every month effective September 1, 2010
with an estimated annual reduction of $ 3,094.37; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to Janitorial Services Agreement Between the City of
Dublin and J.S. Building Maintenance Service attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the First
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Manager
City Clerk
ATTACHMENT 2
FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT ~~~~' `''~ ~~
BETWEEN THE CITY OF DUBLIN AND JS BUILDING MAINTENANCE SERVICE
WHEREAS, on December 2 2008, the City of Dublin (hereinafter referred to as
"CITY") and J.S. Building Maintenance Service (hereinafter referred to as "CONTRACTOR"),
entered into Janitorial Services Agreement between the City of Dublin and J.S. Building
Maintenance Service (hereinafter referred to as the "Agreement"; and
WHEREAS, CITY and CONTRACTOR wish to amend the terms of the
Agreement to reflect the reduction of janitorial services at the Dublin Library on Fridays of every
month effective September 1, 2010; and ~
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which
is hereby acknowledged, CITY and CONTRACTOR hereby agree to amend the A ree t
follows:
g men as
Section 1. The "price breakdown for monthly service" contained in Exhibit B to the Janitorial
Agreement between the City of Dublin and J.S. Building Maintenance Service is hereby
amended to read as follows:
Janitorial Services $1,610.86
Supplies $ 230.00
Tax (supplies onlv) $ 20 12
Total $1,860.98
Section 2. In the event of a conflict between the Agreement and this Amendrnent, this
Amendment will control. Except to the extent inconsistent with this Amendment, the Parties
ratify and confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the date and year first above written.
CITY OF DUBLIN
Dated:
Attest:
By:
Caroline Soto
City Clerk
By:
Joni L. Pattillo
City Manager
APPROVED AS TO FORM:
By:
John D. Bakker
City Attorney
J.S. Building Maintenance Service
, ~ ~
~ By. ~ ~ ~ ~ ~
Dated: ~ p ,~ `~` • °~`
1~ j ~
Jagt ~ Singh, Owne~` `