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HomeMy WebLinkAboutC22168 - Extension - Janitorial Services at Parkveiw Office ComplexCITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVE AND EXECUTE THE EXTENSION OF CONTRACT C22168 WITH D.W.NICHOLSON, LLC DBA DESERT BUILIDNG SERVICES TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX FOR ONE ADDITIONAL YEAR IN THE AMOUNT OF $73,020. SUBMITTED BY: Paul S. Gibson, Finance Director APPLICANT: D.W. Nicholson, LLC PO Box 852 Rancho Mirage, CA 92270 DATE: January 12, 2012 CONTENTS: Agreement for Janitorial Services Recommendation By Minute Motion, approve and execute the extension of contract C22167 with D.W. Nicholson, LLC DBA Desert Building Services to perform janitorial services at the City of Palm Desert Parkview Office Complex for one additional year in the amount of $73,020. Background The City of Palm Desert's Parkview Office Complex is responsible to provide janitorial services for all the gross lease tenants; namely all the State of California Offices, and the common areas of both buildings. The janitor is responsible for providing the basic cleaning services and providing all the paper goods, soaps, cleaning agents, and lighting supplies for the common areas and the gross lease tenants. The cost of the janitorial services is recovered through the common area maintenance charges to the tenants. The cost of the janitorial services for the State of California tenants is factored into their rental rate. In addition to being contracted with the City of Palm Desert, Desert Building Services has entered into separate contracts with other tenants such as the County of Riverside Supervisor Office, along with several other private tenants. In an effort to maintain the consistency with the janitorial services provided to the tenants and in the buildings, staff Staff Report D.W. Nicholson, .LLC, DBA Desert Building Services, Janitorial Services January 14, 2012 Page 2Of2 requests that the City Council exercise a one year extension with Desert Building Services. Desert Building Services is located in the City of Desert Hot Springs, California. Desert Building Services has agreed to keep the price for their services constant at $73,020 annually, paid in twelve monthly installments of $6,085. Fiscal Analysis The total cost of the contract is $73,020 which did not increase from the prior year. One - hundred percent of the cost of this contract is allocated to each space at the Parkview Office Complex and recovered through the lease payments from all the tenants. No appropriation required funds are available in fund 510. Submitted By: aio�� Paul S. Gibson, Director of Finance PSG:AH:nmo Approval: n M. Wohlmuth, City Manager CITY COUNCIL, CMON APPROVED DENTED RECEIVED OTHER MEE NOES:/Vcl/lv ABSENT: AIMP ABSTAIN: 6 4 VERIFIED BY: Original on File with Ci Jerk's Office RUPDOMInteroffice Memos\ParkView\Parkview 2011-2012\Janitorial Staff Rpt-11-12 Parkview.doc Contract No C22167 AGREEMENT FOR SERVICES TO PROVIDE JANITORIAL SERVICES FOR PARKVIEW OFFICE COMPLEX 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 Parkview Office Complex; the buildings located at 73-710 and 73- 720 Fred Waring Drive, Palm Desert, CA. This Agreement shall cover the period beginning on January 1, 2012 and end on December 31, 2012. 1. Background: The CITY desires that D.W. Nicholson, LLC DBA Desert Building Services, (CONTRACTOR) provide janitorial services for the two office buildings collectively known as the City of Palm Desert Parkview Office Complex. 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 provided to the specified suites located at the Parkview office complex, plus all the common areas of both buildings. 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; Tenant Suites (See exhibit "A") 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. Offices with hard surface floors in the public lobby shall be damp -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 stairways. iii. Provide and replace light bulbs as needed. f. Provide and replace stained or damaged ceiling tiles, as needed Agreement 1 of 13 Contract No C22167 Weekly a. Dust all window blinds b. Treat stainless steel fountains and sinks to eliminate stains and mineral deposits. c. Spot clean the walls. Quarterly a. Strip all hard surface floors and apply a new coat of floor finish; buff as necessary to produce a uniformly shining appearance. Semi-annually a. Dust and clean all light fixtures Conference Rooms (suites 119, 115, and 105) 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. Offices with hard surface floors in the public lobby shall be damp -mopped daily. c. Check all ceiling, wall and floor areas for spider webs and clean as needed. d. Remove fingermarks 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 stairways. 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 2of13 Contract No C22167 Restrooms c. Spot clean the walls. Quarterly a. Strip all hard surface floors and apply a new coat of floor finish; buff as necessary to produce a uniformly shining appearance. Semi-annually a. 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. Common Areas (Both Buildings) Daily a. Pick up trash in the atrium areas and the entrances of the buildings, especially area around the mailboxes. b. Clean all drinking fountains. c. Provide and replace exterior building light bulbs; including atrium areas. d. Clean area (interior) of Waste Management trash bin areas. e. Sweep tile entry areas, interior the walkways, and stairways. Agreement 3of13 Contract No C22167 f. Remove smudges and fingerprints on the elevator doors, mop floor of elevator, and clean walls. g. Keep the janitor, telephone, and electric rooms clean, and free of debris, and well organized. Gated Parking Stalls a. On a monthly basis, or more frequently if needed, sweep and dispose of the trash and leaves in the gated parking stalls located at the east portion of the parking lot. Exhibits Enclosed is the following exhibit; Exhibit A: Listing of Tenant Suites requiring Janitorial Services 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 all the cleaning supplies. 4. Fees and Payments: Payment to CONTRACTOR will be made as follows: A. Janitorial Service for the Parkview Office Complex Buildings: $6,085 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). Agreement 4of13 Contract No C22167 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 parties acknowledge that the insurance is primary and non-contributing. 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 Vill 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. 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. Agreement 5of13 Contract No C22167 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 CONTRATOR 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 seg. 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 Parkview Office Complex. 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 Agreement 6of13 Contract No C22167 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. Damage or Destruction. Should the Buildings 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 buildings shall be deemed to have been substantially damaged if the estimated length of time required to restore the buildings, 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(s), 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 7of13 Contract No C22167 a) which result from any action taken by the CONTRACTOR relating to Parkview Office Complex buildings 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 Parkview Office Complex 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 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 Agreement 8of13 Contract No C22167 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. shall be: 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 Contractor: D.W. Nicholson LLC DBA Desert Buildinq 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. Agreement 9 of 13 Contract No C22167 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 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, and 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 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 Agreement 10 of 13 Contract No C22167 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. 23. Supercede and Replace. This Agreement supercedes and replaces any and all agreements regarding the janitorial services at the City of Palm Desert Parkview Office Complex. 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. Agreement 11 of 13 Contract No C22167 CITY OF PALM DESERT By: Attest: Robert A. Spiegel, Mayor Rachelle D. Klassen, City Clerk Approved as to form: David J. Erwin, City Attorney CONTRACTOR By: Attest: Title Signature Title Signature Agreement 12 of 13 City of Palm Desert EXHIBIT "A" Parkview Office Complex Listing of gross lease tenants and conference room space requiring janitorial services Address: 73-710 Fred Waring Drive (Two Story Building) Suite Approximate No. Square footage Use 105 540 * Conference Room 108 758 * State Tenant 115 1,100 * Conference Room 116 500 * State Tenant 119 1,380 * Conference Room 200A 1,104 State Tenant 205 480 * State Tenant 208 1,104 * State Tenant 211 937 * State Tenant This Building has two men's and two ladies restrooms Address: 73-720 Fred Waring Drive (Single Story Building) Suite Approximate No. Square footage Use 100 15,233 * State Tenant 102 4,396 * State Tenant This Building has one men's and one ladies restrooms 13 OF 13