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HomeMy WebLinkAboutAgreement A-24-477 with the Superior Court of California.pdf Agreement No. 24-477 1 SERVICE AGREEMENT 2 This Service Agreement ("Agreement") is dated September 10, 2024 and is between 3 Superior Court of California, County of Fresno ("Court"), and the County of Fresno, a political 4 subdivision of the State of California ("County"). 5 Recitals 6 A. The Court and the County have a need for janitorial services for the common area on the 7 first floor of the Juvenile Court Facility, located at 3333 American Avenue, Fresno, CA 93725 8 ("Facility"). The common area on the first floor is approximately 9,290 square feet. 9 B. The Facility is occupied by both County and Court staff. 10 C. The Court has contracted for the equipment, and personnel skilled in the provision of 11 janitorial services. 12 The parties therefore agree as follows: 13 Article 1 Services 14 Scope of Services. The Court shall provide janitorial services in the common areas, such 15 as lobbies and building entrances, which serve both the Court and the County. Descriptions of 16 services and service areas are specified in Exhibit A. 17 1.1 Representation. The Court represents that it has contracted with Janitorial Inc., 18 which is qualified, ready, willing, and able to perform all of the services provided in this 19 Agreement. 20 1.2 Compliance with Laws. The Court shall, at its own cost, comply with all 21 applicable federal, state, and local laws and regulations in the performance of its obligations 22 under this Agreement, including but not limited to, workers compensation, labor, and 23 confidentiality laws and regulations. 24 Article 2 25 County's Responsibilities 26 2.1 The County shall provide a County representative ("County Representative") to 27 represent the County under this Agreement, as the Court carries out the Court's obligations 28 under this Agreement. The County Representative will be the County's Facility Services 1 1 Manager and his or her designees. The contact person for the Court will be the Court's Facilities 2 Manager as listed in Section 5, "Notices". 3 Article 3 4 Compensation, Invoices, and Payments 5 3.1 The County agrees to pay, and the Court agrees to receive, compensation for the 6 performance of its services under this Agreement as described in Exhibit B. 7 3.2 The County agrees to pay, and the Court agrees to receive, compensation for 8 providing routine and additional janitorial services in the common area on the first floor of the 9 Facility, which as stated, is approximately nine thousand two-hundred ninety (9,290) square 10 feet. The cost forjanitorial services shall be paid one-half(1/2) by the County and one-half(1/2) 11 by the Court. The County agrees to pay the Court in accordance with the contracted janitorial 12 price per square foot paid by the Court. As of the Effective Date, the current contracted price per 13 square foot paid by the Court is $0.19785 for routine janitorial services. The cost for routine 14 janitorial services shall increase yearly as follows: the cost will be $0.21335 per square foot on 15 July 1, 2024, $0.22992 per square foot on July 1, 2025, $0.24790 per square foot on July 1, 16 2026, and $0.26717 per square foot on July 1, 2027. In the event there are further changes in 17 the contracted price per square foot throughout the Term of this Agreement, the Court shall give 18 written notice thereof to the County at least thirty (30) calendar days prior to the effective date of 19 any such change. As to the County, the Director of Internal Services/Chief Information Officer is 20 authorized to consent in writing to any such modification, provided that any rate change would 21 not cause the maximum compensation amount pursuant to Section 3.3 hereof to be exceeded. 22 All janitorial services provided by the Court shall include all labor, equipment, and materials 23 required to complete the services, as specified in Exhibit A. 24 3.3 Maximum Compensation. The maximum compensation payable to the Court 25 under this Agreement is $32,100.00 for the initial 15-month term of this Agreement. In the event 26 this Agreement is extended for the first one-year extension ("Year 2"), the total compensation 27 payable to the Court under this Agreement will increase to $45,100.00. In the event this 28 Agreement is extended for its second one-year extension ("Year 3"), the total compensation 2 1 payable to the Court under this Agreement is $59,100.00. In the event this agreement is 2 extended for its third one-year extension ("Year 4"), the total compensation will increase to 3 $74,100.00. The total maximum compensation includes $56,176.26 for routine janitorial 4 services, $5,700.00 for additional janitorial services on an "as needed" basis, and $11,400.00 5 for emergency janitorial services. Any additional, as-needed janitorial services remain subject to 6 the maximum compensation amount as stated herein. Any janitorial services needed in the 7 common area due to an emergency will be paid one-half(1/2) by the Court and one-half(1/2) by 8 the County, subject to the maximum compensation amount as stated herein. Should the cost 9 for services due to an emergency exceed the maximum amount listed, the contract will be 10 amended pending Board approval. 11 In the event the total maximum compensation amount in the Initial Term and Year 2 is not 12 fully expended, the remaining unspent funding amounts shall roll over to each subsequent 13 year's established maximum compensation. 14 The Court acknowledges that the County is a local government entity, and does so with 15 notice that the County's powers are limited by the California Constitution and by State law, and 16 with notice that the Court may receive compensation under this Agreement only for services 17 performed according to the terms of this Agreement and while this Agreement is in effect, and 18 subject to the maximum amount payable under this section. The Court further acknowledges 19 that County employees have no authority to pay the Court except as expressly provided in this 20 Agreement. 21 3.4 Invoices. The Court shall submit monthly invoices in accordance with the rates 22 and charges agreed upon for the services provided to the County during the previous monthly 23 billing period on the first day of the month. Each invoice referencing the provided agreement 24 number, the date and name of the facility where services were performed, and a clear 25 identification of services performed (each invoice labeled either"Routine Janitorial Services" or 26 "Extra Services"). Invoices shall be provided to the County of Fresno, Facility Services, 27 Attention: Facility Services Manager, 4590 E. Kings Canyon Road, Fresno, CA 93702, 28 ISDFacilitiesAP(a)fresnocountyca.gov. The County shall make payment to the Court no later 3 1 than forty-five (45) days after receipt and approval of each invoice, which shall be given 2 upon verification of satisfactory performance. The Court shall submit each invoice within 3 sixty (60) days after the month in which the Court performs services and in any case within 4 sixty (60) days after the end of the term or termination of this Agreement. 5 The Court shall be solely responsible for and promptly pay all janitorial charges for the 6 first floor common area of the facility. The County shall be billed for its pro-rated costs based 7 on the square footage actually occupied by the County. The County agrees to reimburse the 8 Court monthly in arrears, upon receipt of billing. 9 3.5 Payment. The County shall pay each correctly completed and timely submitted 10 invoice within forty-five (45) days after receipt. The County shall remit any payment to the 11 Court's address specified in the invoice. 12 3.6 Incidental Expenses. The Court is solely responsible for all of its costs and 13 expenses that are not specified as payable by the County under this Agreement. 14 Article 4 15 Term of Agreement 16 4.1 Term. This Agreement is effective April 23, 2024 and terminates on June 30, 17 2025 ("Initial Term"), except as provided in section 4.2, "Extension," or Article 6, "Termination 18 and Suspension," below. 19 4.2 Extension. The term of this Agreement shall automatically renew for three one- 20 year terms upon the same terms and conditions herein set forth, unless written notice of non- 21 renewal is given by either party, no later than thirty (30) days prior to the close of the then- 22 current Agreement term. The County's Director of Internal Services/Chief Information Officer or 23 his or her designee, is authorized to execute such non-renewal on behalf of County. The 24 extension of this Agreement by either party is not a waiver or compromise of any default or 25 breach of this Agreement by either party existing at the time of the extension whether or not 26 known to either party. 27 28 4 1 Article 5 2 Notices 3 5.1 Contact Information. The persons and their addresses having authority to give 4 and receive notices provided for or permitted under this Agreement include the following: 5 For the County: 6 Director of Internal Services/Chief Information Officer County of Fresno 7 333 W. Pontiac Way Clovis, CA 93612 8 isdcontracts(a�-fresnocountyca.gov 9 For the Court: Facilities Manager 10 Fresno Superior Court 1100 Van Ness Avenue 11 Fresno, CA 93724 12 5.2 Change of Contact Information. Either party may change the information in 13 section 5.1 by giving notice as provided in section 5.3. 14 5.3 Method of Delivery. Each notice between the County and the Court provided for 15 or permitted under this Agreement must be in writing, state that it is a notice provided under this 16 Agreement, and be delivered either by personal service, by first-class United States mail, by an 17 overnight commercial courier service, or by Portable Document Format (PDF) document 18 attached to an email. 19 (A) A notice delivered by personal service is effective upon service to the recipient. 20 (B) A notice delivered by first-class United States mail is effective five (5) calendar 21 days after deposit in the United States mail, postage prepaid, addressed to the recipient. 22 (C) A notice delivered by an overnight commercial courier service is effective two (2) 23 calendar days after deposit with the overnight commercial courier service, delivery fees prepaid, 24 with delivery instructions given for next day delivery, addressed to the recipient. 25 (D) A notice delivered by PDF document attached to an email is effective when 26 transmission to the recipient is completed (but, if such transmission is completed outside of the 27 recipient's business hours, then such delivery is deemed to be effective at the beginning of the 28 5 1 recipient's next business day), provided that the sender maintains a machine record of the 2 completed transmission. 3 5.4 Claims Presentation. For all claims arising from or related to this Agreement, 4 nothing in this Agreement establishes, waives, or modifies any claims presentation 5 requirements or procedures provided by law, including but not limited to the Government Claims 6 Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 7 Article 6 8 Termination and Suspension 9 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are 10 contingent on the approval of funds by the appropriating government agency. If sufficient funds 11 are not allocated, then the County, upon at least thirty (30) days' advance written notice to the 12 Court, may: 13 (A) Modify the services provided by the Court under this Agreement; or 14 (B) Terminate this Agreement. 15 6.2 Termination for Breach. 16 (A) Upon determining that a breach (as defined in paragraph (C) below) has 17 occurred, either party may give written notice of the breach to the other party. The 18 written notice may suspend performance under this Agreement, and must provide at 19 least thirty (30) days for cure of the breach. 20 (B) If the breaching party fails to cure the breach within thirty (30) days as set forth 21 above the other party may terminate this Agreement immediately by providing written 22 notice as set forth above in section 5.3 of this agreement. 23 (C) For purposes of this section, a breach occurs when either party has: 24 (1) Obtained or used funds illegally or improperly; 25 (2) Failed to comply with any part of this Agreement; or 26 (3) Improperly performed any of its obligations under this Agreement. 27 28 6 1 6.3 Termination without Cause. In circumstances other than those set forth above, 2 either party may terminate this Agreement by giving at least thirty (30) days advance written 3 notice to the other party. 4 6.4 No Penalty or Further Obligation. Any termination of this Agreement by either 5 party under this Article 6 is without penalty or further obligation to the other party. 6 6.5 Parties' Rights upon Termination. Upon termination for breach under this 7 Article 6, the County may demand repayment by the Court of any monies disbursed to the Court 8 under this Agreement that, if agreed by the Court, were not expended in compliance with this 9 Agreement. The Court shall refund all such monies within a reasonable amount of time. Upon 10 termination or breach under this Article 6, the Court may demand payment for services rendered 11 through and including the effective date of termination. The County must remit payment within a 12 reasonable amount of time. This section survives the termination of this Agreement. 13 This provision shall not limit or reduce any damages owed to either party due to a breach of 14 this Agreement by the other party. 15 Article 7 16 Independent Contractor 17 7.1 Status. In performing under this Agreement, the Court, including its officers, 18 agents, subcontractors, employees, and volunteers, is at all times acting and performing as an 19 independent contractor, in an independent capacity, and not as an officer, agent, servant, 20 employee, joint venturer, partner, or associate of the County. 21 7.2 Verifying Performance. The County has no right to control, supervise, or direct 22 the manner or method of the Court's performance under this Agreement, but the County may 23 verify that the Court is performing according to the terms of this Agreement. 24 7.3 Benefits. Janitorial Inc.'s employees are not employees of the Court or the 25 County and therefore have no right to employment rights or benefits available to Court or 26 County employees. Janitorial Inc. is solely responsible for providing to its own employees all 27 employee benefits required by law. The Court shall save the County harmless from all matters 28 7 1 relating to the payment of Janitorial Inc.'s employees, including compliance with Social Security 2 withholding and all related regulations. 3 Article 8 4 Indemnity and Defense 5 8.1 Indemnity. The Court shall indemnify and hold harmless and defend the County 6 (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, 7 damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of 8 any kind to the County, the Court, or any third party that arise from or relate to the performance 9 or failure to perform by the Court (or any of its officers, agents, subcontractors, or employees) 10 under this Agreement. The County may conduct or participate in its own defense without 11 affecting the Court's obligation to indemnify and hold harmless or defend the County. 12 The County shall indemnify and hold harmless and defend the Court (including its officers, 13 agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, 14 expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the 15 Court, the County, or any third party that arise from or relate to the performance or failure to 16 perform by the County (or any of its officers, agents, subcontractors, or employees) under this 17 Agreement. The Court may conduct or participate in its own defense without affecting the 18 County's obligation to indemnify and hold harmless or defend the Court. 19 8.2 Survival. This Article 8 survives the termination of this Agreement. 20 Article 9 21 Insurance 22 9.1 The Court shall comply with all the insurance requirements in Exhibit C to this 23 Agreement. 24 Article 10 25 Inspections, Audits, and Confidentiality 26 10.1 Inspection of Documents. The Court shall make available to the County, and 27 the County may examine during Court business hours any records and data the Court deems 28 appropriate and with respect to the matters covered by this Agreement, excluding attorney-client 8 1 privileged communications. The Court shall, upon request by the County, permit the County to 2 audit and inspect all of such records and data to ensure the Court's compliance with the terms 3 of this Agreement. 4 10.2 State Audit Requirements. If the compensation to be paid by the County under 5 this Agreement exceeds $10,000, both parties are subject to the examination and audit of the 6 California State Auditor, as provided in Government Code section 8546.7, for a period of three 7 (3) years after final payment under this Agreement. This section survives the termination of this 8 Agreement. 9 (A) This Agreement, and any non-confidential record or data that the Court may 10 provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California 11 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). 12 (B) This Agreement, and any non-confidential record or data that the Court may 13 provide to the County, is subject to public disclosure pursuant to California Rule of Court 14 10.500. 15 (C) This Agreement, and any non-confidential record or data that the Court may 16 provide to the County, is subject to public disclosure as information concerning the conduct of 17 the people's business of the State of California under California Constitution, Article 1, section 3, 18 subdivision (b). 19 Article 11 20 General Terms 21 11.1 Modification. Except as provided in Article 6, "Termination and Suspension," this 22 Agreement may not be modified, and no waiver is effective, except by written agreement signed 23 by both parties. Both parties acknowledge that no County or Court employees have the 24 authority to modify this Agreement except as expressly provided in this Agreement. 25 11.2 Non-Assignment. Neither party may assign its rights or delegate its obligations 26 under this Agreement without the prior written consent of the other party. 27 11.3 Governing Law. The laws of the State of California govern all matters arising 28 from or related to this Agreement. 9 1 11.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno 2 County, California. The parties consent to California jurisdiction for actions arising from or 3 related to this Agreement, and, subject to the Government Claims Act, all such actions must be 4 brought and maintained in Fresno County. 5 11.5 Construction. The final form of this Agreement is the result of the parties' 6 combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to 7 be ambiguous, that ambiguity shall be resolved by reconciling it, if possible, to give effect to the 8 parties' intent. 9 11.6 Days. Unless otherwise specified, "days" means calendar days. 10 11.7 Headings. The headings and section titles in this Agreement are for convenience 11 only and are not part of this Agreement. 12 11.8 Severability. If anything in this Agreement is found by a court of competent 13 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in 14 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of 15 this Agreement with lawful and enforceable terms intended to accomplish the parties' original 16 intent. 17 11.9 Nondiscrimination. During the performance of this Agreement, the parties shall 18 not unlawfully discriminate against any employee or applicant for employment, or recipient of 19 services, because of race, religious creed, color, national origin, ancestry, physical disability, 20 mental disability, medical condition, genetic information, marital status, sex, gender, gender 21 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to 22 all applicable State of California and federal statutes and regulation. 23 11.10 No Waiver. Payment, waiver, or discharge by either party of any liability or 24 obligation under this Agreement on any one or more occasions is not a waiver of performance 25 of any continuing or other obligation and does not prohibit enforcement of any obligation on any 26 other occasion. 27 11.11 Entire Agreement. This Agreement, including its exhibits, is the entire 28 agreement between the Court and the County with respect to the subject matter of this 10 1 Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, 2 advertisements, publications, and understandings of any nature unless those things are 3 expressly included in this Agreement. If there is any inconsistency between the terms of this 4 Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be 5 resolved by giving precedence first to the terms of this Agreement without its exhibits, and then 6 to the terms of the exhibits. 7 11.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to 8 create any rights or obligations for any person or entity except for the parties. 9 11.13 Authorized Signature. The Court represents and warrants to the County that: 10 (A) The Court is duly authorized and empowered to sign and perform its obligations 11 under this Agreement. 12 (B) The individual signing this Agreement on behalf of the Court is duly authorized to 13 do so and his or her signature on this Agreement legally binds the Court to the terms of this 14 Agreement. 15 11.14 Electronic Signatures. The parties agree that this Agreement may be executed 16 by electronic signature as provided in this section. 17 (A) An "electronic signature" means any symbol or process intended by an individual 18 signing this Agreement to represent their signature, including but not limited to (1) a digital 19 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically 20 scanned and transmitted (for example by PDF document) version of an original handwritten 21 signature. 22 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed 23 equivalent to a valid original handwritten signature of the person signing this Agreement for all 24 purposes, including but not limited to evidentiary proof in any administrative or judicial 25 proceeding, and (2) has the same force and effect as the valid original handwritten signature of 26 that person. 27 28 11 1 (C) The provisions of this section satisfy the requirements of Civil Code section 2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, 3 Title 2.5, beginning with section 1633.1). 4 (D) Each party using a digital signature represents that it has undertaken and 5 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 6 through (5), and agrees that each other party may rely upon that representation. 7 (E) This Agreement is not conditioned upon the parties conducting the transactions 8 under it by electronic means and either party may sign this Agreement with an original 9 handwritten signature. 10 11.15 Counterparts. This Agreement may be signed in counterparts, each of which is 11 an original, and all of which together constitute this Agreement. 12 [SIGNATURE PAGE FOLLOWS] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 1 The parties are signing this Agreement on the date stated in the introductory clause. 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO COUNTY OF FRESNO 3 4 Dawn Annino, Court Executive Officer 5 Nathan Magsig, Chairman of the Board of 1100 Van Ness Avenue Supervisors of the County of Fresno 6 Fresno, CA 93724 Attest: 7 Bernice E. Seidel Clerk of the Board of Supervisors 8 County of Fresno, State of California 9 . By: L. - 10 Deput 11 For accounting use only: 12 Org No.: 8935 Account No.: 7220 13 Fund No.: 1045 Subclass No.: 10000 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 Exhibit A 1 Scope of Services 2 Services. The Court agrees to provide janitorial services in the common areas, 3 such as lobbies and building entrances, which serve both Parties. A description of services and 4 service areas are specified in this Exhibit A. 5 1. PART I: Proposed Routine Tasks and Frequencies 6 The following routine tasks shall be performed at the minimum frequencies specified below. 7 a. RESTROOM CARE — Public 8 1. DAILY: Remove trash from all receptacles and replace liners when soiled or wet. 9 Trash will be sorted into the correct collection point to include: trash, recycling, 10 and organics. Clean, disinfect and restock all dispensers, including liquid soap 11 dispensers. 12 2. TWICE A WEEK: Clean and disinfect commode inside and outside including 13 seats, urinals and basins, counter tops, splash boards, door handles and latches, 14 push plates light switch covers, flush valves, faucets, and adjacent surfaces. 15 Clean all mirrors, stainless, plated or enamel surfaces. 16 3. WEEKLY: Dust mop and wet mop floors with detergent disinfectant. 17 4. MONTHLY: Thoroughly machine scrub floors; clean and disinfect walls, doors, 18 etc., including trim and hardware; treat floor drains to prevent sewer gas and 19 odor. 20 b. RESTROOM CARE — Staff& Jury Deliberation Rooms 21 1. DAILY: Remove trash from all receptacles and replace liners when soiled or wet. 22 Trash will be sorted into the correct collection point to include: trash, recycling, and 23 organics. Clean, disinfect and restock all dispensers, including liquid soap 24 dispensers. 25 2. TWICE A WEEK: Clean and disinfect commode inside and outside including seats, 26 urinals and basins, counter tops, splash boards, door handles and latches, push 27 plates light switch covers, flush valves, faucets, and adjacent surfaces. Clean all 28 mirrors, stainless, plated or enamel surfaces. A-1 Exhibit A 1 3. WEEKLY: Dust mop and wet mop floors with detergent disinfectant. 2 4. MONTHLY: Thoroughly machine scrub floors; clean and disinfect walls, doors, etc., 3 including trim and hardware; treat floor drains to prevent sewer gas and odor. 4 c. RESTROOM CARE — Private 5 1. TWICE A WEEK: Remove trash from all receptacles and replace liners when soiled 6 or wet. Clean, disinfect and restock all dispensers, including liquid soap dispensers. 7 Clean and disinfect commode inside and outside including seats, urinals, and basins, 8 counter tops, splash boards, door handles and latches, push plates light switch 9 covers, flush valves, faucets and adjacent surfaces. Clean all mirrors, stainless, 10 plated or enamel surfaces. 11 2. WEEKLY: Dust mop and wet mop floors with detergent disinfectant. 12 3. MONTHLY: Thoroughly machine scrub floors; clean and disinfect walls, doors, etc., 13 including trim and hardware; treat floor drains to prevent sewer gas and odor. 14 d. CARPET CARE- Public Areas 15 1. TWICE A WEEK: Thoroughly vacuum and remove spots and stains. Spot or stain 16 removal shall be accomplished after regular business hours. 17 e. CARPET CARE- Staff, Private & Jury Deliberation Rooms 18 1. TWICE A WEEK: Thoroughly vacuum and remove spots and stains. Spot or stain 19 removal shall be accomplished after regular business hours. 20 2. AS NEEDED: Vacuum with crevice tool and other attachments to clean edges, 21 corners and difficult-to reach areas. Interim bonnet method, extraction, or steam 22 cleaning for heavy traffic areas, such as hallways, corridors, doorways, lobbies, 23 waiting areas, elevators, stairs, landings and any area where food or beverage is 24 present or is consumed. Interim cleaning shall be accomplished at such frequency so 25 as to avoid spots, stains and soil accumulation. 26 f. TRASH REMOVAL- Public Areas and Break rooms 27 28 A-2 Exhibit A 1 1. DAILY: Empty wastebaskets and other trash receptacles. Trash will be sorted 2 into the correct collection point to include: trash, recycling, and organics. Replace 3 liners when soiled or damaged. 4 g. TRASH REMOVAL- Staff, Private & Jury Deliberation Rooms 5 1. TWICE PER WEEK: Empty wastebaskets and other trash receptacles. Replace 6 liners when soiled or damaged. Trash will be sorted into the correct collection point 7 to include: trash, recycling, and organics. 8 h. ELEVATORS 9 1. DAILY: Thoroughly vacuum carpet and remove spots. Clean and polish all 10 components, remove dust, cobwebs, fingerprints, smudges, and streaks to leave a 11 clean, bright condition. 12 2. AS NEEDED: Vacuum edges, corners, door tracks, etc. Clean carpet as a heavy foot 13 traffic area and de-static as required by request. Use fire retardants if required. 14 I. STAIRWELLS (RESILIENT) 15 1. MONTHLY: Sweep or dust mop and spot mop steps and landings. Spot clean 16 handrails, bracing, walls, ceilings and hardware. 17 J. KITCHENETTES/13REAKROOMS 18 1. DAILY: Stock dispensers including liquid soap dispensers. 19 2. WEEKLY: Clean and disinfect sinks, counters, splashboards, tabletops, faucets, 20 handles and dispensers. Mop and wet mop floors. Clean mats, if any, spot clean 21 chairs and cabinets. 22 k. GLASS CLEANING 23 1. WEEKLY: Thoroughly clean interior and exterior door glass, including hardware 24 and frames. Glass partitions and directory glass, including hardware and frames, 25 and designated offices with public counter security glass. 26 I. CERAMIC TILE FLOORS 27 1. WEEKLY: Sweep and wet mop floors. 28 2. TWICE A WEEK: Sweep or dust mop and spot mop. Remove gum and scuff marks. A-3 Exhibit A 1 3. SEMI-ANNUALLY: Thoroughly machine scrub. 2 m. RESILIENT FLOOR CARE (COMPOSITION, VINYL, LINOLEUM, ETC.) 3 1. WEEKLY: Sweep and wet mop floors. 4 2. TWICE A WEEK: Sweep or dust mop and spot mop. Remove gum and scuff marks. 5 3. MONTHLY: Thoroughly wet mop. Repair finish, spray buff to prevent pattern wear. 6 Burnish or high-speed buff to maintain a glossy appearance as needed; not less than 7 weekly, except for restricted areas noted by Court personnel. 8 4. SEMIANNUALLY: Machine scrub floor finish except where prohibited. 9 n. DUST REMOVAL 10 1. AS NEEDED: Remove dust and cobwebs from baseboards, blinds, sills, ledges, 11 casework, counters, workstations, chair platforms, tables, furniture, fixtures, frames, 12 cubical tops and sides, visible surfaces of bookcases, work surfaces when 13 paperwork or personal items are not present (personal items and books on shelves 14 not to be moved). All dusting shall be accomplished at such frequency so as to 15 prohibit accumulation. 16 o. FINGERPRINTS, SMUDGES, SCUFFMARKS, STREAKS, ETC. 17 1. DAILY: Spot removal, all surfaces for fingerprints, smudges, scuffmarks, streaks, etc. 18 2. WEEKLY: Thoroughly remove all fingerprints, smudges, scuffmarks, streaks, etc., 19 from all surfaces. Spot removal or thorough removal shall be accomplished at such 20 frequency so as to prohibit accumulation. 21 p. SPECIAL AREAS 22 1. DAILY: Special areas, such as computer rooms and private restrooms are 23 included as part of these specifications insofar as the Court is required to 24 maintain such areas. 25 2. Provision of janitor closets, storerooms and work areas for janitorial personnel 26 will be at the discretion of the Court and must be kept neat, clean, and orderly. 27 3. SEMI-ANNUALLY: Clean woodwork and walls. Remove all cobwebs from 28 ceilings and walls. A-4 Exhibit A 1 q. MAIN COURTHOUSE SMOKING AREA: 2 1. TWICE A WEEK: Sweep or dust mop landing. Spot clean benches, walls, and 3 hardware and empty smoker station ash cans. 4 r. ANNUAL CLEANING 5 The following jobs may be requested: 6 1. Thoroughly extract, steam clean, or otherwise clean all carpet. 7 2. Thoroughly scrub steps and landings. Detail all stairwell components including all 8 level dusting and cobweb removal. 9 3. Strip and apply floor finish, except for restricted areas noted by Court personnel. 10 4. Wipe clean all diffusers and light fixtures. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A-5 Exhibit B 1 Compensation 2 The Court will be compensated for performance of its services under this Agreement as 3 provided in this Exhibit B. The Court is not entitled to any compensation except as expressly 4 provided in this Exhibit B. Services shall be provided at 3333 E. American Bldg. 701, Ste. A., 5 Fresno, CA 93725, which is approximately 9,290 gross square feet. The costs are the same if 6 services are provided twice or three times a month. The County and the Courts shall each pay 7 one-half of the janitorial services listed below. 8 Initial Term Initial Term Year 2 Year 3 Year 4 9 Line Item Details (4/24/24— (7/1/24— (7/1/25— (7/1/26— (7/1/27— 10 6/30/24) 6/30/25) 6/30/26) 6/30/27) 6/30/28) 11 Routine Maintenance: Total $0.19785 $0.21335 $0.22992 $0.24790 $0.26717 12 Cost per Square Foot Routine Maintenance: 13 $0.09893 $0.10668 $0.11496 $0.12395 $0.13359 Cost/Sq. Ft. (County's Share) 14 Routine Maintenance: 15 $919.06 $991.06 $1,067.98 $1,151.50 $1,241.05 County's Monthly Share 16 Routine Maintenance: 17 County's Not-to-Exceed $2,757.18 $11,892.72 $12,815.76 $13,818.00 $14,892.60 18 Annual Totals 19 Additional Janitorial Services $5,700.00 Rollover Rollover Rollover Rollover 20 as needed (County's Share) 21 Emergency Janitorial Services $11,400.00 Rollover Rollover Rollover Rollover 22 as needed (County's Share) 23 Total Costs Per Term $32,100.00 $45,100.00 $59,100.00 $74,100.00 Total Agreement Cost 24 $74,100.00 (not-to-exceed amount) 25 26 Additional Services: 27 • Additional Janitorial Services (Hourly Rate): $45.00/hour—four (4) hour minimum 28 • Emergency Janitorial Services (Hourly Rate): $75.00/hour—eight (8) hour minimum B-1 Exhibit B 1 o Emergency janitorial services includes, but is not limited to, carpet cleaning, floor 2 scrubbing, etc. 3 4 One-Time Costs for Extra Services as requested by the Court. 5 I. Thoroughly extract, steam clean, or otherwise clean all carpet 6 o $75.00/hour—eight (8) hour minimum 7 11. Thoroughly scrub steps and landings of stairwells. Detail all stairwell components 8 including all level dusting and cobweb removal. 9 o Included in monthly price 10 111. Strip and apply floor finish, except for restricted areas noted by Court personnel. 11 o $75.00/hour—eight (8) hour minimum 12 IV. Wipe clean all diffusers and light fixtures. 13 o Included in monthly price 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B-2 Exhibit C Insurance Requirements 1. Required Policies Without limiting the County's right to obtain indemnification from the Court (pursuant to Article 8 above) or any third parties, the Court, at its sole expense, shall maintain in full force and effect the following insurance policy throughout the term of this Agreement. (A) ) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits. As a governmental entity, the Court addresses claims against the Court through its participation in the judicial branch litigation management program, which operates pursuant to statute and rule of court, as further set forth in the Certificate of Participation (see Exhibit D). 2. Additional Requirements (A) Verification of Coverage. Within 30 days after the Court signs this Agreement, and at any time during the term of this Agreement as requested by the County's Risk Manager or the County Administrative Office, the Court shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or , and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement. (B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VI I. (C) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Court shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Court shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Court shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Court or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement. (D) County's Entitlement to Greater Coverage. If the Court has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Court shall deliver, or cause its broker or producer to deliver, to the County's Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement. C-1 Exhibit C (E) Waiver of Subrogation. Each party hereby waives its right to recover any amounts paid under the policy of worker's compensation insurance required by this Agreement. Each party is solely responsible to obtain any policy endorsement that may be necessary to accomplish such waiver of subrogation, but each party's waiver of subrogation under this paragraph is effective whether or not an endorsement is obtained. (F) County's Remedy for Court's Failure to Maintain. If the Court fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Court. The County may offset such charges against any amounts owed by the County to the Court under this Agreement. (G)Subcontractors. The Court shall require and verify that all subcontractors used by the Court to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. C-2 Exhibit D OAT CIL pF 1926 JUDICIAL COUNCIL OF CALIFORNIA 455 Golden Gate Ave., San Francisco, CA 94102 MEMORANDUM TO: County of Fresno FROM: Oliver Cheng, Attorney DATE: July 24, 2024 SUBJECT/ Certificate of Participation: California Judicial Branch Litigation PURPOSE OF Management Program MEMO: CONTACT FOR NAME: TEL: EMAIL: FURTHER Oliver Cheng 415-865-4616 oliver.cheng(,&.iud.ca.gov INFORMATION: PURPOSE OF MEMO This memo is for the Service Agreement between the County of Fresno and the Superior Court of California, County of Fresno, regarding janitorial services for the common area on the first floor of the Juvenile Court Facility, located at 3333 American Avenue, Fresno, California. Please retain this memo as your proof of the court's participation in the Litigation Management Program of the judicial branch of the State of California. OVERVIEW The superior court is an entity of the judicial branch of the State of California. The Judicial Council of California established the Litigation Management Program to address litigation and claims against judicial branch entities,' including the superior courts. The program is 1 "Judicial branch entities"are defined in section 900.3 of the Government Code as including the superior courts,the Courts of Appeal,the Supreme Court,and the Judicial Council of California. The requirements for actions against public employees,as set forth in sections 950 through 951 of the Government Code,apply to actions against employees of those judicial branch entities. Exhibit D July 24, 2024 Page 2 administered pursuant to statutes and rules of court governing the management of litigation and claims against California judicial branch entities and judicial officers. Applicable Statutes Sections 811.9 and 912.7 of the Government Code codify the responsibility of the Judicial Council to provide representation, defense, and indemnification of the trial courts, and their judges, subordinate judicial officers, executive officers, and employees, in accordance with sections 810 through 995 of the Government Code. Section 965(c) codifies the responsibility of the State of California to pay settlements and judgments arising out of the activities of a judicial branch entity. Applicable Rules of Court The Litigation Management Program is administered in accordance with the California Rules of Court, rules 10.14, 10.201, 10.202 and 10.203,which are promulgated under sections 811.9 and 912.7 of the Government Code. The rules require the Judicial Council's Legal Services office to manage and administer a program for investigating and resolving all claims and lawsuits affecting the courts. Duration of Superior Court's Participation The superior court's participation in the Litigation Management Program is mandatory and continues without interruption in accordance with the statutes and rules of court.