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HomeMy WebLinkAboutC33870 - Awrd - Janitorial Svcs for ParkView Office Cmplx CITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVE AND EXECUTE CONTRACT C33870 WITH DEDICATED BUILDING SERVICES, LLC TO PERFORM JANITORIAL SERVICES FOR THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX FOR TWENTY-ONE MONTHS IN THE AMOUNT OF $122,325.00 ($5,825 PER MONTH). SUBMITTED BY: PAUL S. GIBSON, FINANCE DIRECTOR APPLICANT: DEDICATED BUILDING SERVICES, LLC 11338 MOORPARK STREET STUDIO CITY, CA 91602 ATTN: MR. DEREK C. SMITH DATE: AUGUST 28, 2014 CONTENTS: JANITORIAL SERVICE AGREEMENT Recommendation By Minute Motion, approve and execute contract C33870 with Dedicated Building Services, LLC to perform janitorial services at the City of Palm Desert Parkview Office Complex for twenty-one months in the amount of $122,325.00 ($5,825 per month). Backqround 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. Contract No. C33870 Staff Report Dedicated Building Services, LLC August 28, 2014 Page 2 Of 3 On June 26, 2014 the City Council ratified the City manager's approval to contract with Dedicated Building Services, LLC to assume the contract the City had with Diamond Contract Services, following Diamonds default of their contract. Additionally, City staff indicated that a request for bids will be done and a new contract for City Council approval before September 1, 2014. The request for proposals was advertised in the local paper and required a mandatory pre-bid meeting on August 1, 2014. The following companies attended the mandatory pre-conference Main Office Vendor Location Dedicated Building Services Studio City, CA Xanadu Service Systems Los Angeles, CA The following bid(s) was received: Annual Main Office Vendor Contract Price Location Dedicated Building Services $122,325.00 Studio City, CA The employees of Dedicated Building Services, LLC are residents of the Coachella Valley. City staff requests that the City Council approve and execute Contract C33870 between Dedicated Building Services, LLC and the City of Palm Desert to provide janitorial services at the Parkview Office Complex buildings. Fiscal Analysis The total cost of the contract is $122,325.00; which is $5,825 per month. The new monthly contract price is $625 more than the current contract of $5,200. The increase in price is in response to the additional space increase resulting from the Mountain Conservancy suite relocating to a larger suite and the addition of janitorial services for the RAP Foundation who will move in in October. The increase of $625 per month is acceptable and relative to the increase in the additional space. H:\WPDOCS\Interoffice Memos\ParkView�2014-2015\Janitorial Staff Rpt-14-15 DEDICATED.doc Contract No. C33870 Staff Report Dedicated Building Services, LLC August 28, 2014 Page 2 Of 3 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: Approval: , Paul S. Gi son, Director of Finance ohn M. Wohlmuth, City Manager �; PSG:AH: , ; CITY COUNCIL A�TION APPROVED ✓ DEIVTED R�CEIVED OTHER MEET G D� • • � / AYES: �)1 ' I�C' � TQl1nE'� NOES: 1� ABSENT: ABSTAIN: ��- VERIFIED BY: /Y) � Original on File with City erk's Of�ce H:\WPDOCS\Interoffice Memos\ParkView�2014-2015Wanitorial Staff Rpt-14-15 DEDICATED.doc C33870 AGREEMENT FOR JANITORIAL SERVICES FOR CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX THIS AGREEMENT is made and entered into the City of Palm Desert on August 28, 2014, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and DEDICATED BUILDING SERVICES, LLC referred to as "CONTRACTOR" to provide janitorial services at the following City owned facilities: 73- 710 Fred Waring Drive, and 73-720 Fred Waring Drive. WITNESSETH: RECITALS: CONTRACTOR has submitted to CITY" its Contractor's Bid for the project listed above, 1. CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX JANITORIAL SERVICES, CONTRACT NO. C33870, in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and bonded and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. TERM. The term of this Agreement shall be from date of execution of this instrument through June 30, 2016 for a maximum of Twenty-one (21) months, or to such later date as may be agreed in writing between parties. City has the option of twice extending the contract for one year (12 months), based on the performance of the Contractor and by mutual agreement. 2. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore the total sum of Five Thousand Eiqht Hundred Twenty Five dollars ( 5 825) per month as billed on a per-item monthly basis as set forth in the Contract Documents and adopted by the CITY. Total contract shall not exceed One-Hundred Twenty two thousand three hundred twenty five dollars ($122,325.00) for Twenty-one (21) months. 3. CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the contract documents. Page 19 of 45 C33870 4. HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, subcontractors and employees thereof in connection with, the perFormance or non-perFormance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. 6. TERMINATION. If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perForm; which notice must give CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of CONTRACTOR's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY's Notice of Termination, minus any offset from such payment representing the CITY's damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the CITY's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. 7. CONTRACT DOCUMENTS: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (fl The PerFormance Bond; (g) The General Terms and Conditions; (h) The Specific Terms and Conditions; (i) The Standard Specifications as modified in other portions of the Contract Documents; (j) Addenda Nos. none; (k) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions and drawings issued in Page 20 of 45 C33870 accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 8. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 9. ANTI-DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 10. AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Finance Director CONTRACTOR CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 12. LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. 13. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. 14. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: Page 21 of 45 C33870 "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." 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. CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: C ITY: BY: ATTEST BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: PAUL S. GIBSON, DAVID J. ERWIN FINANCE DIRECTOR/CITY TREASURER CITY ATTORNEY Page 22 of 45 C33870 CONTRACTOR ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page 23 of 45