HomeMy WebLinkAboutRtfy - C33750 - Janitorial Svcs - Parkview Office Cmplx CITY OF PALM DESERT
FINANCE DEPARTMENT
STAFF REPORT
REQUEST: RATIFY CITY MANAGER'S APPROVAL AND EXECUTION OF
CONTRACT G�3�5o WITH DEDICATED BUILDING SERVICES,
LLC SERVICES TO PERFORM JANITORIAL SERVICES FOR
THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX
FOR THREE MONTHS IN THE AMOUNT NOT TO EXCEED
$5,200 PER MONTH.
SUBMITTED BY: PAUL S. GIBSON, FINANCE DIRECTOR
APPLICANT: DEDICATED BUILDING SERVICES, �LC
11338 MOORPARK STREET
STUDIO CITY, CA 91602
ATTN: DEREK SMITH
DATE: JUNE 26, 2014
CONTENTS: JANITORIAL SERVICE AGREEMENT
Recommendation
By Minute Motion, ratify the City Manager's approval and execution of
contract C �3�5o with Dedicated Building Services, LLC to perForm
janitorial services at the City of Palm Desert Parkview Office Complex for
three months in an amount not to exceed $5,200 per month.
Backqround
On February 27, 2014 the City of Palm Desert City Council approved contract C33340
Between Diamond Contract Services, Inc and the City of Palm Desert in the annual
amount of $62,400 ($5,200 monthly) for janitorial services at the Parkview Office
Complex. On June 9, 2014 City staff discovered that Diamond Contract Services did not
have Worker's Compensation Insurance which was later confirmed Mr. Steve Walton,
President of Diamond. Mr. Walton also indicated that Diamond was not able to continue
providing janitorial service to the City of Palm Desert at the Parkview Office Complex.
Given the City's contractual obligation to provide janitorial service to the gross lease
tenants and to maintain the common areas, the City sought an interim janitorial
company to step in and continue the same services for the same price. Dedicated
Staff Report
Dedicated Building Services, LLC, Contract for Janitorial Services
June 26, 2014
Page 2 Of 2
Building Services, LLC (Dedicated) agreed to assume the same contractual obligations
at the same price until August 30, 2014, including any option periods of 30-days each.
The City Manager approved the contract C ���5n with Dedicated under the same
contractual provisions and price of the Diamond Contract. Additionally, the City
Manager has directed staff to issue an RFP for Janitorial Services, which will be done
and a new contract will be brought before City Council at the August 28, 2014 meeting
for their approval.
Therefore, City Staff is requesting the City Council to ratify the City Manger's approval
and execution of the interim contract with Dedicated Building Services, LLC.
Fiscal Analvsis
Dedicated Building Services, LLC has agreed to assume the same price during the
interim period, therefore there is no financial impact at all to the City.
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:
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Paul S. Gibson, Director of Finance John . Wohlmuth, City Manager
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Contract No C 33750
AGREEMENT FOR SERVICES TO PROVIDE
JANITORIAL SERVICES FOR PARKVIEW OFFICE COMPLEX
This Agreement is entered into between the CITY OF PALM DESERT (CITY)
and Dedicated Buildinq Services, LLC, Inc, (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 commence on June 10, 2014
and expire on August 31, 2014. The City has the authority to extend the contract
month-to month for an additional 2-months at the City's Discretion.
1. Backqround: The CITY desires that Dedicated Buildinq Services, LLC,
(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
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Contract No C33750
Weekly
a. Dust all window blinds
b. Treat stainless steel fountains and sinks to eliminate stains and
mineral deposits.
c. Spot clean the walls.
Quarterlv
a. Strip all hard surface floors and apply a new coat of floor finish; buff as
necessary to produce a uniformly shining appearance.
Semi-annuallv
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 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.
Weekly
a. Dust all window blinds
b. Treat stainless steel fountains and sinks to eliminate stains and
mineral deposits.
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Contract No C 33750
c. Spot clean the walis.
Quarterlv
a. Strip all hard surface floors and apply a new coat of ftoor finish; buff as
necessary to produce a uniformly shining appearance.
Semi-annuallv
a. Dust and clean all light fixtures
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.
Common Areas (Both Buildinqs)
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 tile walkways, and stairways.
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Contract No C 33750
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.
Exhibits
Enclosed (attached) 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 Pavments: Payment to CONTRACTOR will be made as
follows:
A. Janitorial Service for the Parkview Office Complex Buildings:
$5,200 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 shall not commence work under this Agreement �intil it
has provided evidence satisfactory to the City of Palm Desert that it has secured all
insurance required under this section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under
this section.
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Contract No C33750
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form that is satisfactory to the City.
General Liabilitv Insurance: Contractor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, including without limitation,
blanket contractual liability. Defense costs shall be paid in addition to the limits. The
policy shall contain no endorsements or provisions limiting coverage for (1) contractual
liability; (2) cross liability exclusion for claims or suits by one insured against another; or
(3) contain any other exclusion contrary to the Agreement.
Automobile Liabilitv Insurance: Contractor shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non-owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident
Workers' Compensation Insurance: Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its
officers, agents, employees and volunteers.
Umbrella or Excess Liabilitv Insurance: Contractor may opt to utilize umbrella or
excess liability insurance in meeting insurance requirements. In such circumstances,
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with
limits of not less than 4,000,000 that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverage set forth
above, including commercial general liability and employer's liability. Such policy or
policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for
any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insured's under primary policies shall also be insured's under the umbrella or
excess policies
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Contract No C 33750
OTHER PROVISIONS OR REQUIREMENTS
Insurance for Subcontractors: All Subcontractors shall be included as additional
insured's under the Contractor's policies, or the Contractor shall be responsible for
causing Subcontractors to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the City as an Additional
Insured to the Subcontractor's policies. Contractor shall provide to City satisfactory
evidence as required under Insurance Section of this Agreement.
Proof of Insurance: Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to commencement of performance. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. Current certification of
insurance shall be kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Duration of Coveraqe: Contractor shall procure and maintain for the duration of the
contract, insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the perFormance of the Work hereunder by
Contractor, his/her agents, representatives, employees or sub-Contractors.
Citv's Riqhts of Enforcement: In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced,
City has the right, but not the duty, to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by Contractor, or City will withhold
amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subroqation: All insurance coverage maintained or procured pursuant to
this agreement shall be endorsed to waive subrogation against the City of Palm Desert,
its elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow Contractor or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City of Palm Desert and shall require similar
written express waivers and insurance clauses from each of its sub-Contractors.
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Contract No C 33750
Enforcement of Contract Provisions (non estoppel): Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
noncompliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
Primary and Non-Contributinq Insurance: All insurance coverage shall be primary
and any other insurance, deductible, or self-insurance maintained by the indemnified
parties shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
Specifications Not Limitinq: Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for
each required coverage.
Additional Insured Status: General liability, Automobile Liability, and if applicable,
Pollution Liability, policies shall provide, or be endorsed to provide, that the City of Palm
Desert and its officers, officials, employees, and agents shall be additional insured's
with regard to liability and defense of suits or claims arising out of the performance of
the Agreement, under such policies. This provision shall also apply to any excess
liability policies.
Citv's Riqht to Revise Specifications: The City reserves the right at any time during
the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Contractor, the City and Contractor
may renegotiate Contractor's compensation.
Self-Insured Retentions: Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered
to comply with these specifications unless approved by City.
Timelv Notice of Claims: Contractor shall give City prompt and timely notice of claims
made or suits instituted that arise out of or result from Contractor's performance under
this Agreement, and that involve or may involve coverage under any of the required
liability policies.
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Contract No C 33750
Safety: Contractor shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be performed.
Safety precautions, where applicable, shall include, but shall not be limited to: (A)
adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
Additional Insurance: Contractor shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
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 applicabte 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 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 Parkview Office
Complex.
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Contract No C 33750
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 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 30 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 30 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.
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8. Damaqe 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:
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
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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
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Contract No C. 33750
For purposes of Notices hereunder, the address of the CONTRACTOR
shall be:
Contractor: Dedicated Buildinq Services, LLC
Address: 11338 Moorpark Street
Studio City, CA 91602
Attention: Mr. Derek Smith, Manaqer
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 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. Enforceabilitv of Any Provision. If any term, condition, covenant, or obligation
of this Agreement shall be determined to be unenforceable, invalid, or void, such
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Contract No C 33750
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 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 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. Authoritv. 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
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Contract No C 33750
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.
CITY OF PALM DESERT CONTRACTOR
By: By:
Van Tanner, Mayor Signature
Attest:
Rachelle D. Klassen, City Clerk Title
Approved as to form: Attest:
Signature
David J. Erwin, City Attorney Title
Agreement
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Contract No C 33750
Address: 73-710 Fred Waring Drive Exhibit "A"
(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
203 700 State Tenant
205 480 State Tenant
208 1,104 State Tenant
211 937 State Tenant
222 3,304 Riverside County Supervisor
This Buildin� 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 Buildin� has one men's and one ladies restrooms
Agreement
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