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HomeMy WebLinkAboutC22161B Nicholson, LLC Janitorial Services for the Henderson BuildingCITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVE AND EXECUTE THE EXTENSION OF CONTRACT C22161 B WITH D.W.NICHOLSON, LLC DBA DESERT BUILDING SERVICES TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT AT THE HENDERSON BUILDING FOR ONE ADDITIONAL YEAR IN THE AMOUNT OF $11,880. SUBMITTED BY: Paul S. Gibson, Finance Director APPLICANT: D.W. Nicholson, LLC PO Box 852 Rancho Mirage, CA 92270 DATE: January 13, 2011 CONTENTS: Agreement for Janitorial Services Recommendation By Minute Motion, approve and execute the extension of contract C22161 B with D.W. Nicholson, LLC DBA Desert Building Services to perform janitorial services for the City of Palm Desert at the Henderson Building for one additional year in the amount of $11,880. Background The City of Palm Desert's is responsible for the 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. The janitorial services are performed two days a week. A portion of the costs to clean the common areas and the conference rooms are paid by the Chamber based on the allocation factor indicated on their lease agreement. The Chamber is responsible for the maintenance of their leased space; therefore, the City's agreement with Desert Building Services does not include the cleaning of the Chamber's leased space. It is staff recommendation to approve and execute the extension of contract C22161 B with Desert Building Services for janitorial services at the Henderson Building. Staff Report D.W. Nicholson, LLC, DBA Desert Building Services, Janitorial Services January 13, 2011 Page 2 Of 2 Fiscal Analysis The total cost of the contract, after reducing the days of service from 5 to 2 days a week during the 2009-2010 fiscal year, was reduced from $16,200 to $11,880. The cost of $11,880 was the same rate paid during the 2009-2010 fiscal year. The contract price did not increase from last year. No appropriation required funds are available in fund 510. Submitted By: �9 aul S. Gibson, Director of Finance PSG: AH: ah Approval: n M. Wohlmuth, City Manager CITY COUNCILACTION APPROVED � i?ENIFn RECEIVED_..__.,,,, OTHER MEETING DATE AYES: Rile, 6%_--- NOES: N ABSENT: NDI�P ABSTAIN: VERIFIED BY: Original on File with City Clerk'Office H:\WPDOCS\Interoffice Memos\Parkview\Parkview\Parkview 2010-2011\Janitorial Staff Rpt-10-11 Henderson.doc Contract No C22161B 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, 2010 and end on September 30, 2011. 1. Background: 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 two days a week during the evening hours. 2. Description of Service: The Janitorial services are to consist of general cleaning services to be provided 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. Agreement 1of10 Restrooms Contract No C22161B c. Spot clean the walls. d. Dust and clean all light fixtures 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 / the 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 Agreement 2 of 10 Contract No C22161B 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 all the cleaning supplies. 4. Fees and Payments: Payment to CONTRACTOR will be made as follows: A. Janitorial Service for the Henderson Building: $990 per month for janitorial service for two (2) days a week, for the period of October 2010 through September 2011. 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 Vlll in the most current edition of the Best's Rating Guide, unless such requirements are Agreement 3of10 Contract No C22161B 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. 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 seq. and 6300 et sea. 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. Agreement 4 of 10 Contract No C22161B 7. Termination Rights. 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 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. Agreement 5of10 Contract No C22161 B 8. Damage 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: 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 Agreement 6 of 10 Contract No C22161B 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 the 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 otherwise, 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. 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 Agreement 7 of 10 Contract No C22161B For purposes of Notices hereunder, the address of the CONTRACTOR shall be: Contractor: D.W. Nicholson, LLC DBA Desert Building Services Address: PO Box 852 Rancho Mirage, 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, 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 between the parties relating to this Agreement. 15. Enforceability of Any Provision. If any term, condition, covenant, or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such Agreement 8 of 10 Contract No C22161B determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 16. United States Currency. 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. Attorneys' 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 reasonable 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 Against 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 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. Agreement 9 of 10 Contract No C22161B 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: Jean M. Benson, Mayor Attest: Rachelle D. Klassen, City Clerk By: Approved as to form: Attest: David J. Erwin, City Attorney Title Signature Title Signature Agreement 10 of 10