HomeMy WebLinkAboutC22161A - Xtnsn - Janitorial Svcs @ Henderson Cmtny Bldg �,.��
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CITY OF PALM DESERT
FINANCE DEPARTMENT
STAFF REPORT
REQUEST: APPROVE EXTENSION OF CONTRACT C22161A WITH D.W.
NICHOLSON, LLC, DBA DESERT BUILDING SERVICES TO
PERFORM JANITORIAL SERVICES AT THE HENDERSON
BUILDING FOR ONE YEAR IN THE AMOUNT OF $16,200
SUBMITTED BY: PAUL S. GIBSON, FINANCE DIRECTOR
APPLICANT: D.W. NICHOLSON, LLC
PO BOX 852
RANCHO MIRAGE, CA 92270
(760) 408-5031
DATE: NOVEMBER 12, 2009
CONTENTS: TWO (2) COPIES OF CONTRACT NO. C22161A
Recommendation
By Minute Motion, that the City Council approve extension of Contract No.
C22161A with D.W. Nicholson, LLC DBA Desert Building Services to
perForm janitorial services for the Henderson Building for one additional
year in the amount of $16,200. Funds are available in Account No. 510-
4195-495-3698.
Backqround
The City of Palm Desert is responsible for maintenance of the common areas and the
conference rooms at the Henderson Building. The janitor is responsible for providing
basic cleaning services and providing all the paper supplies, soaps, cleaning agents,
and lighting supplies for the common areas and the conference rooms. A portion of the
costs to clean the common areas and the conference rooms will be paid by the
Chamber based the allocation factor indicated on their lease agreement. The Chamber
is responsible for the maintenance of their leased space at the Henderson building;
therefore, this City's janitorial agreement does not include the cleaning of the
. Chamber's leased space.
It is staff's recommendation to approve the contract between the City of Palm Desert
and D.W. Nicholson, LLC, dba Desert Building Services for janitorial services at the
Henderson Building.
W�IAgenda Ifems12009-1 1-1 21Appvl of Contract-Desert Building ServiceslSR-Desert 8uilding Svcs 09-10 Henderson 111209.docx
Fiscal Analvsis
The contract cost will not change from the previous year. The monthly cost is $1,350
per month for an annual cost of$16,200.
Submitted By:
Paul S. Gibson, Director of Finance
ApprovaL
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*APPROVED, with staff to determine the frequency
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W:IAgenda Items12009-11-121Appv/o/Contract-Desert Building ServiceslSR-Desert Building Svcs 09-10 Henderson 111209.docx
Contract No C22161A
AGREEMENT FOR SERVICES TO PROVIDE
JANITORIAL SERVICES FOR THE HENDERSON BUILDING
This Agreement is entered into between the CITY OF PALM DESERT (CITY)
and D.W. Nicholson, LLC DBA Desert Building Services, (CONTRACTOR), to provide
janitorial services at the Henderson Building located at 72-559 Highway 111, Palm
Desert, CA. This Agreement shall cover the period beginning on October 1, 2009 and
end on September 30, 2010.
1. Backqround: The CITY desires that D.W. Nicholson, LLC DBA Desert
Building Services, (CONTRACTOR) provide janitorial services for the common areas
and conference rooms at the Henderson Building. The CONTRACTOR will provide
these services on a daily basis during the days of Monday through Friday during the
evening hours.
2. Description of Service: The Janitorial services are to consist of general
cleaning services to be provideti to the specified common areas and the conference
rooms located at the Henderson Building. The services are to be sufficient to maintain
the interior of those specified suites in a clean well maintained condition; that is to
eliminate all visible dust, dirt, litter, grime, stains, smears, finger prints, etc; to the
greatest practical degree possible, by performing at least but not limited to;
Daily
a. Empty and clean all trash containers, and dispose of all trash and
rubbish, and install new plastic liners as needed.
b. Sweep or dust mop all hard surface floors, vacuum all carpeted areas
including hallways and cubicles. Conference rooms with hard surFace
floors in the public lobby shall be mopped daily.
c. Check all ceiling, wall and floor areas for spider webs and clean as
needed.
d. Remove finger marks and smudges from all glass entrance doors.
e. Specifically check, and if any action is needed then
i. Dust the tops of all furniture, counters, cabinets, and window
sills (which are free of interfering objects)
ii. Remove spots and/or spills from the carpets, floors, and entrys.
iii. Provide and replace light bulbs as needed.
f. Provide and replace stained or damaged ceiling tiles, as needed
Weekly
a. Dust all window blinds
b. Treat stainless steel fountains and sinks to eliminate stains and
mineral deposits.
c. Spot clean the walls.
d. Dust and clean all light fixtures
Agreement
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Contract No C22161 A
Restrooms
Daily
a. Clean and maintain in a sanitary and odor-free condition all floors,
mirrors, basins, toilet bowls, and urinals.
b. Furnish and replenish all toilet room supplies (including soap, paper
towels, seat covers, toilet tissue, urinal fresheners and sanitary
napkins).
c. Sweep or mop all hard surface floors and remove any spots.
d. Remove finger marks and smudges from all mirrors and entrance
doors, and stall entry doors and walls.
e. Wash all counter tops, mirrors, basins, grab bars, stools, and urinals.
f. Empty and clean all trash containers, and dispose of all trash and
rubbish, and install new plastic liners as needed.
g. Provide and replace light bulbs as needed.
Outside Common Areas
Daily
a. Pick up trash in the atrium areas and the entrances of the buildings.
b. Clean all drinking fountains, if applicable
c. Provide and replace exterior building light bulbs; including atrium
areas.
d. Check and clean area (interior) of Waste Management trash bin
areas, if applicable.
e. Sweep or wash concrete /tile entry areas and walkways.
f. Keep the janitor, telephone, and electric rooms clean, and free of
debris, and well organized.
The CONTRACTOR shall provide neatly attired professional service
employees whose appearance is appropriate for the context in which they will be
working.
3. Service Equipment: The CONTRACTOR shall have their own
equipment to perform the services required; such as floor buffers, vacuums, ladders,
brooms, mops, and other hand tools and/or other cleaning supplies as necessary. The
equipment must be maintained and kept in working order to prevent delays in the duties
required to fulfill the obligations of the CONTRACTOR. Costs of the equipment and the
maintenance of the equipment shall be the sole responsibility of the CONTRACTOR.
The CONTRACTOR at the CONTRACTOR's cost shall provide all paper supplies, such
as, toilet tissue, seat covers, paper hand towels, sanitary napkins, urinal fresheners;
light bulbs, etc., plus alt the cleaning supplies.
Agreement
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Contract No C22161A
4. Fees and Pavments: Payment to CONTRACTOR will be made as
follows:
a. Janitorial Service for the Henderson Building: $1,350 per month
for janitorial service for five (5) days a week.
b. Payments: CONTRACTOR shall invoice the City by the fifteenth of
each calendar month for the preceding month's fees. Terms of the
invoices shall be net thirty days. The invoices shall provide a breakdown
between the costs of providing services for the common areas (by
building) and per suite (gross lease tenants by building).
5. Insurance: CONTRACTOR will provide workers' compensation
coverage for its own employees involved with the provision of this service in an amount
not less than $1,000,000.00 per accident for all covered losses. Upon execution of this
agreement the CONTRACTOR certifies that, "The undersigned is aware of, and will
comply with, divisions 4 and 5 of the California Labor Code by securing, paying
for, and maintaining in full force and effect for the duration of the agreement,
complete workers compensation insurance providing statutory benefits, and shall
furnish a certificate of insurance to the City prior to the commencement of the
term of the Agreement". The CITY, the REDEVELOPMENT AGENCY, and their
officers, employees, agents, representatives, and volunteers (collectively, "City
Personnel") shall not be responsible for any claims in law or equity occasioned by the
failure of the CONTRACTOR to comply with section 5 of this agreement or with the
provisions of California Law relating to workers compensation insurance.
The Contractor shall also have commercial general liability insurance
including without limitation to bodily injury, personal injury, property damage, products
liability, contractual liability covering provisions of this agreement in an amount not less
than $1,000,000.00 single limit per occurrence, plus umbrella coverage of not less than
$2,000,000.00. The City, the Redevelopment Agency and their officers, employees,
agents, representatives, and volunteers (collectively, " City Personnel"), shall be named
as additional insured's.
Policies and Endorsements: All insurance coverage provided shall be
secured through policies issued by insurance companies of good reputation and of
sound and adequate financial responsibility having a general policy holder's rate of not
less than "A" and a financial rating of not less than Class VIII in the most current edition
of the Best's Rating Guide, unless such requirements are waved in writing by the City.
Such insurance companies shall be qualified to do business and in good standing in
California. Prior to the effective date, the CONTRACTOR shall deliver to the CITY
certificates of insurance with respect to all of the policies of insurance to be maintained
and the CITY shall approve (which approval shall not be unreasonably be withheld)
such certificates of insurance. All certificates of insurance shall be signed by a person
authorized by the insurance company to bind coverage on its behalf.
Agreement
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Contract No C22161A
All policies of insurance to be maintained by the CONTRACTOR pursuant
to this Section shall, to the extent obtainable, have attached an endorsement that such
policy shall not be canceled or materially changed without at least 30 days prior written
notice to the City by certified mail, return receipt requested. If such endorsement is not
obtainable from the insurer(s), the CONTRACTOR shall provide to the City the required
30-day prior written notice in the manner set forth in this Section.
6. Compliance. The CONTRACTOR shall comply, to the extent reasonably
and commercially practicable, with this agreement and the specifications set forth. The
CONTRACTOR shall also comply with all laws, statutes, ordinances, rules, regulations,
permits, licenses, authorizations, directives of all governments and governmental
authorities, which now or hereafter may be applicable to the services provided under
this agreement. The CONTRACTOR shall comply with all federal, state, and local laws
and regulations pertaining to the storage, use, and disposal of "hazardous or toxic
wastes, substances, or materials" as defined by applicable law, to the extent such
"hazardous or toxic wastes, substances, or materials" are within the CONTRACTOR's
control. The CONTRACTOR shall have readily available the Material Safety Data
Sheets for those products used in providing the service. These Material Safety Data
Sheets shall be kept in an area, which is easily accessible for the employees of the
CONTRACTOR and the tenants of the building.
The CONTRACTOR shall take all commercially reasonable action to
cause their compliance with all safety regulations of federal, state, and local
governmental agencies and their instrumentalities, including without limitation any
requirements imposed by California Labor Code Sections 1720 et se�c . and 6300 et se�c .
and regulations promulgated with respect thereto, and applicable federal occupational,
health, and safety laws and regulations. The CONTRACTOR shall take all reasonable
actions to protect the safety of all his/her employees and customers while perForming
services at the Henderson Building.
7. Termination Riqhts. The City shall have the right to terminate this
Agreement, without further compensation to the CONTRACTOR, other than as to
amounts theretofore accrued, upon the occurrence of any one of the following events:
a) The CONTRACTOR fails to perform their services as specified in
the agreement, or
b) The CONTRACTOR fails to maintain adequate insurance policies
as set forth in section 5, or
c) The CONTRACTOR fails to comply with the provisions of section 6
of this agreement.
The CONTRACTOR shall have the right to terminate this Agreement if the
City fails to keep, observe, or perform any other material covenant, agreement, term or
provision of this Agreement to be kept, observed or performed by the City, and such
default continues for a period of 30 days after notice of such default by the
Agreement
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Contract No C22161A
CONTRACTOR to the City. The CONTRACTOR's right to terminate this Agreement
pursuant to this Section 7 shall be exercised upon written notice to the CITY given at
any time. The CONTRACTOR'S termination notice shall specify the effective date of
such termination, which date shall not be less than 90 days.
Any default by the CONTRACTOR or the CITY under the provisions of
Section 7 as the case may be, which is susceptible of being cured shall not constitute a
basis for termination of this Agreement if the nature of such default will not permit it to
be cured within the grace period allotted; provided that within such grace period the
alleged party in default shall have given notice of its intent to cure, has commenced to
cure such default, and is proceeding to complete the cure in good faith and with
reasonable diligence, and such cure is effected, in any event, within 90 days of the date
of the notice of default.
The termination of this Agreement under the provisions of this section 7
shall not affect the rights of the terminating party with respect to any damages it has
suffered as a result of any breach of this Agreement, nor shall it affect the rights of
either party with respect to any liability or claims accrued, or arising out of events
occurring, prior to the date of termination.
Neither the right of termination, nor the right to sue for damages, nor any
other remedy available to a party under this Agreement shall be exclusive of any other
remedy given under this Agreement or now or hereafter existing at law or in equity.
8. Damaqe or Destruction. Should the Building be destroyed or
substantially damaged by, fire, flood, acts of god, or other casualty the CITY shall have
the right to terminate this agreement, by written notice to the CONTRACTOR given
within 30 days following the occurrence of such event, and in such event neither party
shall have any further obligation to the other party under this agreement, except with
respect to liabilities accruing, or based upon events occurring, prior to the effective date
of such termination. For the purpose of this section the building shall be deemed to
have been substantially damaged if the estimated length of time required to restore the
building, or portions thereof, substantially to its condition and character just prior to the
occurrence of such casualty shall be in excess of two months, as indicated by an
architect's certificate or other evidence reasonably satisfactory to both parties. If as a
result of any damage or destruction to the building, and the responsibilities of the
CONTRACTOR have changed, then the parties shall meet and discuss in good faith
appropriate modifications to this agreement including the contract price.
9. Indemnification: The CONTRACTOR agrees to indemnify, defend (with
counsel reasonably satisfactory to the City Manager), protect, and hold harmless the
City, the Agency, and all City Personnel from and against any and all claims, demands,
actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines,
attorneys' fees, costs, and expenses:
Agreement
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Contract No C22161A
a) which result from any action taken by the CONTRACTOR relating to the
Henderson Building that is expressly prohibited by this Agreement, or that is not
within the scope of the CONTRACTOR's duties under this Agreement, or that is
not within the CONTRACTOR's delegated authority under this Agreement; or
b) which result from any violations by the CONTRACTOR or his/her `s
agents, or employees of any law, ordinance, rule or regulation governing or
, otherwise affecting the business operations of the tenants at the Henderson
Building or the CITY performance of services and obligations under this
Agreement; or
c) which result from any injury or death of any person (including, without
limitation, injury or death of the CONTRACTOR'S employees, or agents, within
the CONTRACTOR's control) or damage or destruction of the property of any
person or entity which occurs by reason of the negligent actions or omissions or
willful misconduct of the CONTRACTOR or the CONTRACTOR's agents and
employees, or material breach or default by the CONTRACTOR or the
CONTRACTOR'S agents or employees, in performance of the CONTRACTOR'S
services under this Agreement or otherwise caused by the negligent actions or
omissions or willful misconduct of the CONTRACTOR or the CONTRACTOR's
agents or employees; or
d) which result from the CONTRACTOR'S material breach of any section of
this agreement; or
e) which result from any other act or omission not enumerated above
constituting the negligence or willful misconduct by the CONTRACTOR or th�
CONTRACTOR'S employees or agents.
This indemnity provision shall survive the expiration or termination of this
Agreement. The CONTRACTOR hereby stipulates and agrees that no condition
precedent to its indemnification obligations stated herein, whether by way of notice or
othenNise, exists or shall constitute a defense to its obligation to defend, indemnify and
hold harmless the CITY and the Agency, and the City Personnel in any of such
circumstances.
The CONTRACTOR's indemnity obligations under this Section 9 shall not
apply to any acts or omissions taken (or in the case of omissions, not taken) either at
the direction of the City or with the approval of the City.
The City agrees to indemnify, defend (with counsel reasonably satisfactory
to the CONTRACTOR), protect, and hold harmless the CONTRACTOR and its owners,
officers, directors, and employees from and against any and all claims, demands,
actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines,
attorneys' fees, costs, and expenses arising from any act or omission to the extent
caused by the negligence or willful misconduct by the City, Agency, or any officer,
director, employee, or agent of the City.
Agreement
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Contract No C22161A
10. Notices: All notices, demands, requests, consents, approvals, replies
and other communications ("Notices") required or permitted by this Agreement shall be
in writing and may be delivered by any one of the following methods: (a) by personal
delivery; (b) by deposit with the United States Postal Service, postage prepaid to the
addresses stated below or (c) by deposit with an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective three business days after deposit with the Postal Service.
Notice by overnight express delivery service shall be deemed effective upon receipt.
Notice by personal delivery shall be deemed effective at the time of personal delivery.
For purposes of Notices hereunder, the address of the City shall be:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attention: Paul S. Gibson, Finance Director/ City Treasurer
For purposes of Notices hereunder, the address of the CONTRACTOR
shall be:
Contractor: D.W. Nicholson, LLC DBA Desert Buildinq Services
Address: PO Box 852
Rancho Miraqe, California 92270
Attention: Dave Nicholson
Each party shall have the right to designate a different address within the United
States of America by the giving of notice in conformity with this Section 10.
11. Independent Contractor. The Contractor shall at all times be considered
an independent contractor under this Agreement. Nothing contained in this Agreement
shall be construed to be or create a partnership or joint venture between the City and its
successors and assigns, on the one part, and The Contractor and its successors and
assigns, on the other part.
12. Third Parties. None of the obligations under this Agreement of either
party shall run to or be enforceable by any party other than the party to this Agreement
or by a party deriving rights under this Agreement as a result of an assignment
permitted pursuant to the terms of this Agreement.
13. Waivers. No failure by the CONTRACTOR or the CITY to insist upon the
strict perFormance of any covenant, agreement, term of condition of this Agreement or
to exercise any right or remedy consequent upon the breach of this Agreement shall
constitute a waiver of any such breach or any subsequent breach of the same covenant,
� Agreement
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Contract No C22161A
agreement, term or condition. No covenant, agreement, term or condition of this
Agreement and no breach of this Agreement shall be waived, altered or modified except
by a written instrument. A waiver of any breach of this Agreement shall only affect this
. Agreement to the extent of the specific waiver, and all covenants, agreements, terms
and conditions of this Agreement shall continue in full force and effect.
14. Applicable Law. This Agreement shall be construed and interpreted in
accordance with, and shall be governed by, the laws of the State of California. The
parties agree that the Superior Court of the State of California, County of Riverside shall
have jurisdiction of any litigation befinreen the parties relating to this Agreement.
15. Enforceabilitv of Anv Provision. If any term, condition, covenant, or
obligation of this Agreement shall be determined to be unenforceable, invalid, or void,
such determination shall not affect, impair, invalidate, or render unenforceable any other
term, condition, covenant, or obligation of this Agreement.
16. United States Currencv. All amounts payable pursuant to this
Agreement shall be paid in lawful money of the United States of America.
17. Counterparts. This Agreement and any amendment may be executed in
counterparts, and upon all counterparts being so executed each such counterpart shall
be considered as an original of this Agreement or any amendment and all counterparts
shall be considered together as one agreement.
18. Attornevs' Fees. In the event of a dispute involving the non-performance
by a party hereto of its obligations under this Agreement, the prevailing party shall be
entitled to reasonabte attorneys' fees and all other expenses (including fees and costs
related to discovery) reasonably incurred in connection with such dispute, whether or
not litigation is commenced, in addition to all other relief to which the party is entitled. If
the successful party recovers judgment in any legal action or proceeding, the attorneys'
fees and all other expenses of litigation shall be included in and made a part of any
such judgment.
19. Covenants Aqainst Discrimination. The CONTRACTOR agrees that in
connection with its perFormance under this Agreement, there shall be no discrimination
by the CONTRACTOR against any person on account of race, color, creed, religion,
sex, marital status, national origin or ancestry. The CONTRACTOR agrees to include a
provision similar to this Section in all subcontracts entered into by the CONTRACTOR in
connection with work being performed under this Agreement.
20. Time of the Essence. Time is of the essence of this Agreement. The
parties understand that the time for perFormance of each obligation has been the
subject of negotiation by the parties.
21. Authority. The parties represent for themselves that (a) such party is
duly organized and validly existing, (b) the person or persons executing this Agreement
Agreement
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Contract No C22161A
on behalf of such party is/are duly authorized to execute and deliver this Agreement on
behalf of such party, (c) by so executing this Agreement, such party is formally bound to
the terms and provisions of this Agreement, and (d) the execution of this Agreement
does not violate any provision of any other agreement to which such party is bound.
22. Conflict of Interest. The parties hereto hereby covenant that during the
term of this Agreement they will not employ any person to administer any portion of this
Agreement that has an interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required under this Agreement.
23. Supercede and Replace. This Agreement supercedes and replaces any
and all agreements regarding the janitorial services at the City of Palm Desert
Henderson Building.
IN WITNESS WHEREOF the parties hereto have executed or caused to
be executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CITY OF PALM DESERT CONTRACTOR
By: By:
Robert A. Spiegel, Mayor Signature
Attest:
Rachelte D. Klassen, City Clerk Title
Approved as to form: Attest:
Signature
David J. Erwin, City Attorney Title
Agreement
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