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HomeMy WebLinkAbout23845File 17924 January 14,2003 Agreement 03-012 -" Agen_c;lr-~..Jt~~U\. \'I'"Fr \4,.' .'"~~f3~'h tY3 j\j~,:3 \RCVD JAN 2 1 2003 BLDG.MTCE.DIV. 40 f\03-f)['2- DATE: TO: January 14,2003 FROM: Board of Supervisors Bart Bohn,County Administrative Officer ~~ SUBJECT:Agreement with ABM Janitorial Services for Janitorial Services at the Fresno County Plaza RECOMMENDED ACTION Approve and authorize Chairman to execute agreement with ABMJanitorial Services effective February 10,,2003 in the amount of $203,320 annually to provide janitorial services at the Fresno County Plaza. FISCAL IMPACT The annual cost of the agreement is $203,320,a savings of $76,304 from the current agreement due to a reduced service level.Sufficient funds are budgeted in the FY 2002-03 General Services-Facility Services Organization 0135 in Account 7295 -Professional and Specialized Services. DISCUSSION Janitorial services for the Fresno County Plaza are currently being provided by Service Master under a contract which expires February 8,2003.A Request for Quotation (RFQ)was initiated for janitorial services for approximately 230,800 square feet of office space occupied by County departments.Due to budget constraints,the specifications were written to reflect reduced service levels.These included the following: .Vacuuming reduced from daily to once a week.Emptying trash receptacles reduced from daily to three times a week.Dusting reduced from weekly to monthly -.Dusting and mopping hard surface floors reduced from daily to three times a week APPROVEDAS RECOMMENDED Pagej OTHER 011-ADMINISTRATIVEOFFICE REVIEW BOARDACTlON:~nuary 14;2003 xxx !{ ARAMBULA CASE LARSON WATERSTON -------- File 17924 January 14,2003 Agreement 03..012 Board of Supervisors January 14,2003 Page 2 ~.' On November 20,2002,General Services-Purchasing issued the RFQ to 15 potential bidders. Copies were also provided to Women Construction Owners and Executives,Hispanic Chamber of Commerce,National Institute of Government Purchasing and BIDNET.Five vendors responded to the bid as follows: Based on the review of the bids,it is recommended that your Board award a one-year contract, effective February 10,2003 to the low bidder,ABMJanitorial Services,with a provision for two renewal periods of one year each. - ,i .,},".,." ..:.\" .,;:.,~~~~,';';:~,. 1st year 2nd year 3rd year ABMJanitorial Services $203,320 $203,320 $203,320 North American BuildingMaintenance $205,192 $205,192 $205,192 Service Master $206,122 $217,352 $228,582 Servcorp Int.$227,419 $227,419 $236,520 CIS $256,516 $263,191 $269,866 1 2 AGREEMENT THIS AGREEMENT is made and entered into this ~day of January.2003,by and between 3 the COUNTY OF FRESNO,a Political Subdivision of the State of California,hereinafter referred to as 4 "COUNTY",and ABM Janitorial Services,whose local address is 4746 W.Jennifer,Suite 105 ,Fresno, 5 California 93722,hereinafter referred to as "CONTRACTOR". 6 7 8 9 WHEREAS,the COUNTY has a need for janitorial services for the Fresno County Plaza;and WHEREAS,the Contractor is qualified and willing to perform said services. NOW,THEREFORE,it is agreed by both parties as follows: WITNESSETH 11 10 1.OBLIGATIONS OF THE CONTRACTOR A.The CONTRACTOR shall provide all labor,material and equipment to perform the janitorial 12 services at the Fresno County Plaza,as specified by the COUNTY under Request for Quotation (RFQ) 13 910-3769,attached as Attachment A and incorporated by this reference,and the CONTRACTOR's 15 14 response to RFQ 910-3769,attached as Attachment B and incorporated by this reference. B.The CONTRACTOR shall provide and designate an English-speaking supervisor to act as 16 communicator and coordinator between the COUNTY and the CONTRACTOR's staff.The supervisor 17 is to be on the premises at all times the janitorial staff is present. 18 C.The CONTRACTOR shall comply with Federal,State,County and City regulations regarding 20 19 wages,hours and working conditions. D.The CONTRACTOR shall provide and maintain for the term of this Agreement an employee 21 fidelity bond in the amount of Twenty-Five Thousand Dollars ($25,000)covering all actions of the 22 CONTRACTOR's employees.The bond shall name the COUNTY as a co-obligatee.Evidence of the- 23 fidelity bond shall be provided to the COUNTY prior to the effective date of this Agreement. 24 E.The CONTRACTOR shall establish with COUNTY approval a Janitorial Complaint Log Book. 25 The Log Book is to be in a mutually agreed upon location and shall be reviewed each shift and 26 corrected actions ~oted for each complaint logged. 27 F.The CONTRACTOR shall provide janitorial training and safety classes to its employees and !;-'.28 provide written documentation within forty-eight (48)hours of such training to the COUNTY.COUNTY.,.. 1 n ---n_----nn---__00 -00 --- 1 2 representatives willbe allowed to attend training classes. G.The CONTRACTORshall provide a recording time clock for use by the CONTRACTOR's 3 employees.The recording time clock will be installed at a location specified by the COUNTY 4 coordinator. 5 6 H.The CONTRACTORshall provide uniforms to each of the CONTRACTOR'semployees. I.The CONTRACTORis required to conduct background checks on all employees at no cost 7 to the COUNTYand provide the COUNTY'sChief of Security with the results for each employee that 8 is scheduled to work at the Fresno County Plaza.The Chief of Securitywillrevieweach document and 9 approve or deny access to work at the Fresno County Plaza. 10 11 J.The CONTRACTOR must meet the District Attorney's regulations concerning CLETS policies,practices and procedures.The CONTRACTORis required to providetwo (2)sets of fingerprint 12 cards along with a request from the DistrictAttorney's Office. 13 K.AllCONTRACTOR'sstaff shall sign in with COUNTYSecuritywhen reporting for work and 14 shall sign out with COUNTYSecurity upon leaving the Fresno County Plaza.The COUNTYwillprovide 15 a Log Book for this purpose. 16 L.Damage to COUNTYproperty caused by the CONTRACTORor the CONTRACTOR's 17 employees shall be reported to the COUNTYin writingwithintwenty-four(24)hours of occurrence. 18 The CONTRACTOR shall correct damage within five (5)working days from the date of the damage 19 report. 20 2.OBLIGATIONSOF THE COUNTY 21 A.The COUNTYshall provide: 22 1.Replacement paper supplies to be used for refillingdispensers.Such sU2plies shall not 23 be used by the CONTRACTORin performance of janitorialcleaning but are only to be used for refilling 24 dispensers; 25 26 2.Handsoap to be used for refillingdispensers only; 3.Trash ~n liners for liningdisposal cans;and 27 "28 --1-,-- 4.Replacement light bulbs and fluorescent tubes. -B.-The COUNTYshall designate a coordinator to be a liaison with the CONTRACTOR's.,.. 2 .- 1 coordinator. 2 3.TERM 3 This Agreement shall become effective on February 10,2003 and shall remain in effect for a 4 period of one (1)year. 5 4.RENEWAL 6 This Agreement shall be automatically renewed for two (2)consecutive one (1)year terms upon 7 the same terms and conditions hereof,unless either party provides sixty (60)days written notice to the 8 other of an intention not to renew this Agreement prior to the commencement of the next succeeding 9 term. 10 5.TERMINATION 11 A.Non-Allocation of Funds -The terms of this Agreement,and the services to be provided 12 thereunder,are contingent on the approval of funds by the appropriating government agency.Should 13 sufficient funds not be allocated,the services provided may be modified,or this Agreement terminated 14 at any time by giving the CONTRACTOR thirty (30)days advance written notice. 15 B.Breach of Contract -The COUNTY may immediately suspend or terminate this Agreement 16 in whole or in part,where in the determination of the COUNTY there is: 17 18 1.An illegal or improper use of funds; 2.A failure to comply with any term of this Agreement; 19 20 3.A substantially incorrect or incomplete report submitted to the COUNTY;or 4.Improperly performed services. 21 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of 22 this Agreement or any default which may then exist on the part of the CONTRACTOR,..Neither shall 23 such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or 24 default.The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the 25 COUNTY of any funds disbursed to the CONTRACTOR under this Agreement,which in the judgment 26 of the COUNTY "Vere not expended in accordance with the terms of this Agreement.The 27 CONTRACTOR shall promptly refund any such funds upon demand. i'28 .°J-,.~.C.o Without Cause -Under circumstancesother than those set forth above,this Agreement may 3 1 be terminated by either party upon the giving of sixty (60)days advance written notice of an intention 2 to terminate. 3 6.COMPENSATION 4 The COUNTY agrees to pay the CONTRACTOR and the CONTRACTOR agrees to receive 5 compensation at the rate of Sixteen Thousand Nine Hundred Forty-Three Dollars and Thirty-Three 6 Cents ($16,943.33)per month or a prorationthereof.The CONTRACTOR shall submit monthly invoices 7 in triplicate to the Fresno County General Services Division,Facility Services,4590 E.Kings Canyon, 8 Fresno,California 93702.In no event shall services performed under this Agreement be in excess of 9 Two Hundred and Three Thousand Three Hundred Twenty Dollars ($203,320)for each one year period 10 of this Agreement.All expenses incidental to the CONTRACTOR's performance of services under this 11 Agreement shall be born by the CONTRACTOR. 12 7.INDEPENDENT CONTRACTOR 13 In performance of the work,duties,and obligations assumed by the CONTRACTOR under this 14 Agreement,the CONTRACTOR,including any and all of the CONTRACTOR'S officers,agents,and 15 employees will at all times be acting and performing as an independent contractor,and shall act in an 16 independent capacity and not as an officer,agent,servant,employee,joint venturer,partner,or 17 associate of the COUNTY.Furthermore,the COUNTY shall have no right to control,supervise,or direct 18 the manner or method by which the CONTRACTOR shall perform its work and function.However,the 19 COUNTY shall retain the right to administer this Agreement so as to verify that the CONTRACTOR is 20 performing its obligations in accordance with the terms and conditions thereof.The CONTRACTOR 21 and the COUNTY shall comply with all applicable provisions of law and rules and regulations,if any of 22 governmental authorities having jurisdiction over the subject matter of this Agreement. 23 Because of its status as an independent contractor,the CONTRACTOR shall have absolutely 24 no right to employment rights and benefits available to COUNTY employees.The CONTRACTOR shall 25 be solely liable and responsible for providing to,or on behalf of,its employees all legally-required 26 employee benefits.,Inaddition,the CONTRACTOR shall be solely responsible and hold the COUNTY 27 harmless from all matters relating to paymentof the CONTRACTOR'semployees,including compliance .'~28 with ~ocial Security,withholding,and all other regulation governing such matters.It is acknowledged-, 4 1 that during the term of this Agreement,the CONTRACTOR may be providing services to others 2 unrelated to the COUNTY or to this Agreement. 3 8.MODIFICATION 4 Any matters of this Agreement may be modified in writing from time to time with the written 5 consent of all parties without,in any way,affecting the remainder. 6 9.NON-ASSIGNMENT 7 Neither party shall assign,transfer or sub-contract this Agreement,nor their rights or duties 8 under this Agreement without the prior written consent of the other party. 9 10 10.HOLD-HARMLESS The CONTRACTOR agrees to indemnify,hold hannless,and at the COUNTY's request,defend the COUNTY,its officers,agents,and employees from any and all costs and expenses,damages,11 12 liabilities,claims,and losses occurring or resulting to the COUNTY in connection with the perfonnance, 13 or failure to perfonn,by the CONTRACTOR,its officers,agents or employees under this Agreement, 14 and from any and all costs and expenses,damages,liabilities,claims,and losses occurring or resulting 15 to any person,finn,or corporation who may be injured or damaged by the perfonnance or failure to 16 perform,of the CONTRACTOR,its officers,agents.or employees,under this Agreement. 17 18 11.INSURANCE Without limiting the COUNTY's right to obtain indemnification from the CONTRACTOR or any 19 third parties,the CONTRACTOR,at its sole expense,shall maintain in full force and effect the following 20 insurance policies throughout the term of the Agreement: 21 A.'Comprehensive automobile and general liability insurance including property damage in the 22 amount not less than One Million Dollars ($1,000,000.00);- 23 B.Fidelity Bond as stated under Subsection 1.0.,OBLIGATIONS OF THE CONTRACTOR,of 24 this Agreement;and 25 26 C.Workers Compensation insurance in accordance with Califomia Labor Code. Such insurance policies shall name the COUNTY,its officers,agents,and employees, 27 individually and collectively,as additional insured (except Workers Compensation Insurance),but only '~28 insofar as.the operations under this contract are concemed.Such coverage for additional insured shall 5 1 apply as primary insurance and any other insurance,or self-insurance,maintained by the COUNTY,its 2 officers,agents,and employees,shall be excess only and not contributing with insurance provide under 3 the CONTRACTOR's policies herein.This insurance shall not be canceled or changed without a 4 minimum of thirty (30)days advance,written notice given to the COUNTY. 5 Prior to the commencement of performing its obligations under this Agreement,the 6 CONTRACTOR shall provide certification of insurance on the forgoing policies as required herein,to 7 the COUNTY stating that such insurance coverage have been obtained and are in full force;that the 8 COUNTY,its officers,agents,and employees will not be responsible for any premiums on the policies; 9 that such insurance names the COUNTY,its officers,agents,and employees,individually and 10 collectively,as additional insured (except Workers Compensation insurance),but only insofar as the 11 operations under this contract are concerned;that such coverage for additional insured shall apply as 12 primary insurance and any other insurance,or self-insurance,maintained by the COUNTY,its officers, 13 agents,and employees,shall be excess only and not contributing with insurance provided under the 14 CONTRACTOR's policies herein;and that this insurance shall not be canceled or changed without a 15 minimum of thirty (30)days advance,written notice given to the COUNTY. 16 In the event the CONTRACTOR fails to keep in effect at all times insurance coverage as herein 17 provided,the COUNTY may,in addition to other remedies it may have,suspend or terminate this 18 Agreement upon the occurrence of such event. 19 20 12.AUDITS AND INSPECTIONS 21 The CONTRACTOR shall at any time during business hours,and as often as the COUNTY may deem necessary,make available to the COUNTY for examination all of its records and data with respect 22 to the matters covered by this Agreement.The CONTRACTOR shall,upon request b~the COUNTY, 23 permit the COUNTY to audit and inspect all of such records and data necessary to ensure the 24 CONTRACTOR's compliance with terms of this Agreement. 25 If this Agreement exceeds Ten Thousand Dollars ($10,000),the CONTRACTOR shall be 26 sUbject to the exam,inationand audit of the Auditor General for a period of three (3)years after final 27 payment under contract (Government Code Section 8546.7). .1).28 III.,.:,. 6 II I, -..- 1 2 13.NOTICES The persons and their addresses having authority to give and receive notice under the 3 Agreement include the following: 4 5 COUNTY CONTRACTOR 8 General Services Manager Joe Rothermel,District Sales Manager County of Fresno ABM Janitorial Services 2220 Tulare,Suite 1600 4746 W.Jennifer,Suite 105 Fresno,CA 93721 Fresno,CA 93722 Any and all notices between the COUNTY and the CONTRACTOR provided for or permitted 6 7 9 under this Agreement or by law shall be in writing and shall be deemed duly served when personally 10 delivered to one of the parties,or in lieu of such personal services,when deposited in the United States 11 Mail,postage prepaid,addressed to such party. 12 15.GOVERNING LAW 13 The rights and obligations of the parties and all interpretation and performance of this 14 Agreement shall be governed in all respects by the law of the State of California. 15 Venue for any action arising out of or relating to this Agreement shall only be in Fresno County 16 California. 17 16.ENTIRE AGREEMENT 18 This Agreement constitutes the entire agreement between the Contractor and the COUNTY with 19 respect to the subject matter hereof and supersedes all pervious negotiations,proposals,commitments, 20 writings,advertisements,publications,and understandings of any nature whatsoever unless expressly 21 included i!1 this Agreement.In the event of there is an inconsistency in the documents which constitute 22 this Agreement,the inconsistency shall be resolved by giving precedence to the documents in the- 23 following order of priority:(1)the text of this Agreement,excluding the Attachments;(2)Attachment A; 7 24 and Attachment B. 25 III III 26 III 27 III i'28 .,.."" -,