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HomeMy WebLinkAboutAgreement A-20-508 with CCS Facility Services.pdf1 2 AGREEMENT 3 THIS AGREEMENT is made and entered into this_ day of December, 2020, by and between 4 the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as 5 "COUNTY", and CCS Facility Services, a Colorado corporation, whose address is 2695 North Fowler 6 Avenue, Suite 110A, Fresno, California 93727, hereinafter referred to as "CONTRACTOR". 7 W I T N E S S E T H: 8 WHEREAS, COUNTY'S, Department of Public Health ("DPH") has a need for routine and recurring 9 janitorial services at COUNTY's DPH Brix/Mercer Complex, located at 1221 Fulton Mall, Fresno, California, 1 O 93721, hereinafter referred to as the "Brix/Mercer Complex"; and 11 WHEREAS, CONTRACTOR is qualified and willing to perform said services. 12 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein 13 contained, the parties hereto agree as follows: 14 1. RESPONSIBILITES OF CONTRACTOR 15 CONTRACTOR shall provide routine and recurring janitorial services ("Services") at the 16 Brix/Mercer Complex in accordance with Exhibit A (Specifications), Exhibit B (Schedule of Janitorial 17 Services), Exhibit C (Infection Control Cleaning Chart), and Exhibit D (Carpet Cleaning Schedule), all of 18 which are attached hereto and by this reference incorporated herein. 19 CONTRACTOR agrees to perform the Services in compliance with all state and federal 20 laws. CONTRACTOR shall perform the Services in accordance with high standards of cleanliness, 21 appearance, and safety, as acceptable to COUNTY's DPH Director or designee, and to that end, 22 CONTRACTOR shall: 23 A. Provide sufficient janitorial staff to complete Services within the guidelines set 24 forth in this Agreement. 25 B. Provide consistent monitoring and oversight of Services set forth in this 26 Agreement; 27 C. Furnish all management, supervision, training and all personnel required to 28 accomplish said Services. CONTRACTOR shall furnish the names of its staff who will be assigned to -1-15thAgreement No. 20-508 1 perform Services within the Brix/Mercer Complex to the COUNTY's DPH Director or designee 2 immediately upon any hire, transfer, or assignment. COUNTY's DPH shall have the right to require the 3 replacement of any of CONTRACTOR's employees working on the premises of the Brix/Mercer 4 Complex whose continued presence on said premises, in the opinion of COUNTY's DPH Director or 5 designee, is not in the best interest of COUNTY's patients, clientele or staff. 6 D. Provide and designate an English speaking site supervisor to act as 7 communicator and coordinator between COUNTY and CONTRACTOR's janitorial staff. 8 CONTRACTOR's site supervisor shall be on the premises at the Brix/Mercer Complex at all times while 9 CONTRACTOR's janitorial staff is present. 10 E. Furnish data and any information as requested by COUNTY's DPH Director or 11 designee, for the purpose of monitoring this Agreement. 12 F. Assure that keys issued to CONTRACTOR are safeguarded from loss, theft, or 13 damage, and secured in accordance with the instructions of COUNTY's DPH Director or designee. 14 CONTRACTOR shall assign one supervisor to maintain control and responsibility of said keys. Violation 15 of the above provision may result in CONTRACTOR being noncom pliant for purposes of future 16 COUNTY bids and may be grounds for the termination of this Agreement at the option of COUNTY. 17 G. Pay for the following: 18 1. Salaries paid to CONTRACTOR's staff and employees providing Services 19 within the Brix/Mercer Complex, including associated payroll taxes, withholdings, insurance and fringe 20 benefits. 21 2. The cost all janitorial supplies necessary to carry out Services, except for 22 those items listed in Section 2.B herein. All chemicals, cleaners, disinfectants, etc. (and their 23 substitutes) are to be approved by COUNTY's DPH Director or designee 24 3. The cost of providing and maintaining janitorial equipment and back-up 25 equipment necessary to provide Services when scheduled (e.g. vacuums, wet dry pickups, floor buffers, 26 automatic scrubbing and buffing machines, maid's carts and buckets). 27 Ill 28 /// -2- 1 4. The cost of providing forms for quality control and cost control; office 2 equipment (if required), and other stationery and postage costs incurred in the implementation of this 3 Agreement. 4 5. The cost of travel, training and any other visits to the Brix/Mercer Complex, 5 including transportation and room and board of CONTRACTOR's staff. 6 6. The cost of training material such as films, slides, literature and training 7 manuals. COUNTY maintains the right to attend and monitor training classes given to CONTRACTOR's 8 staff. 9 H. Complete a walk-through of the Brix/Mercer Complex with COUNTY's DPH 10 Coordinator and assigned COUNTY Maintenance Janitor one day per week for quality control purposes. 11 I. Check and maintain COUNTY's Janitorial Communication Log Book daily, making 12 written notations regarding what actions were taken to remedy and alleviate complaints. 13 J. Furnish COUNTY with current Safety Data Sheets (SOS) on all hazardous 14 substances, including but not limited to cleaning compounds and disinfectants utilized in the Brix/Mercer 15 Complex. CONTRACTOR shall also maintain and make readily accessible in the Brix/Mercer Complex 16 an SOS for all hazardous substances in accordance with Title 8 of the California Code of Regulations 17 Section 5194. 18 K. Coordinate and schedule the work with COUNTY's DPH Director or designee, so 19 that any interruption to COUNTY's normal business operations is kept to a minimum. 20 21 2. RESPONSIBILITIES OF COUNTY 22 A COUNTY's DPH Director shall designate an individual to coordinate with 23 CONTRACTOR and provide the appropriate contact information of such designee to CONTRACTOR. 24 B. COUNTY shall only be responsible for the cost of the following: 25 1. Plastic liners for trash baskets and plastic bags for trash removal from the 26 Brix/Mercer Complex. 27 2. Toilet paper, paper towels and hand soap necessary to keep all bathrooms 28 and toilets in all areas of the Brix/Mercer Complex stocked at all times. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 3. Toilet seat covers. 4. Pest Control services. 5. Cleaning of all outside windows (except as noted in Exhibit B). 6. All electric power. 7. Walk-off mats. 3. TERM The term of this Agreement shall be for a period of three (3) years, commencing on January 1, 2021 through and including December 31, 2023. This Agreement may be extended for two (2) additional consecutive twelve (12) month periods upon COUNTY's DPH Director, or his or her designee, providing CONTRACTOR written notice of each extension thirty (30) days prior to the first day of the next twelve ( 12) month extension period. The COUNTY's DPH Director, or his or her designee is authorized to execute such written notice of extension on behalf of COUNTY based on CONTRACTOR's satisfactory performance. 4. TERMINATION A. Non-Allocation of Funds -The terms of this Agreement, and the services_to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract -The COUNTY may immediately suspend or terminate this 21 Agreement in whole or in part, where in the determination of the COUNTY there is: 22 1) An illegal or improper use of funds; 23 2) A failure to comply with any term of this Agreement; 24 3) A substantially incorrect or incomplete report submitted to the COUNTY; 25 4) Improperly performed service. 26 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY 27 of any breach of this Agreement or any default which may then exist on the part of the CONTRACTOR. 28 Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the -4- 1 breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to 2 the COUNTY of any funds disbursed to the CONTRACTOR under this Agreement, which in the judgment 3 of the COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR 4 shall promptly refund any such funds upon demand, or at COUNTY's option, such repayment shall be 5 deducted from future payments owing to CONTRACTOR under this Agreement. 6 C. Without Cause -Under circumstances other than those set forth above, this 7 Agreement may be terminated by COUNTY or CONTRACTOR upon the giving of sixty (60) days advance 8 written notice of an intention to terminate to the other party. 9 5. COMPENSATION: 10 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation for 11 actual Services performed pursuant to the terms and conditions of this Agreement at the rate of Eight 12 Thousand Eight Hundred Forty and No/Dollars ($8,840.00) per month (or proration thereof). In no event 13 shall actual Services performed under this Agreement be in excess of One Hundred Six Thousand Eighty 14 and No/Dollars ($106,080.00) for each twelve (12) month period of this Agreement. 15 Costs for special cleaning services (e.g., waxing, extra window washing, blind washing) not 16 identified in Exhibits A, B,C, and D, but requested and authorized by COUNTY"s DPH Director or designee, 17 shall be paid by COUNTY to CONTRACTOR at the rate of Thirty-Five and No/Dollars ($35.00) per hour. In 18 no event shall special cleaning services performed under this Agreement be in excess of Five Thousand 19 and No/Dollars ($5,000.00) for each twelve (12) month period of this Agreement. 20 In no event shall all actual Services and special cleaning services performed be in excess of Five 21 Hundred Fifty-Five Thousand Four Hundred and No/Dollars ($555,400.00) over the term of this Agreement. 22 It is understood that all expenses incidental to CONTRACTOR's performance of services under this 23 Agreement shall be borne by CONTRACTOR. 24 Payment by COUNTY shall be in arrears, for services provided during the preceding month, within 25 forty-five (45) days after receipt and verification of CONTRACTOR's invoices by COUNTY's Department of 26 Public Health. If CONTRACTOR should fail to comply with any provision of this Agreement, COUNTY shall 27 be relieved of its obligation for further compensation. 28 Ill -5- 1 6. INVOICING: 2 CONTRACTOR shall invoice COUNTY monthly to dphboap@fresnocountyca.gov. Said 3 invoice shall include routine and recurring janitorial services as well as special cleaning expenses, if 4 applicable, by line items, specifying said special services performed, amount of time invoiced for special 5 service, and the cost of such special cleaning service. 6 7. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations 7 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that 8 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all 9 times be acting and performing as an independent contractor, and shall act in an independent capacity and 10 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. 11 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which 12 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer 13 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the 14 terms and conditions thereof. 15 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and 16 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. 17 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right 18 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable 19 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In 20 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating 21 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all 22 other regulations governing such matters. It is acknowledged that during the term of this Agreement, 23 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 24 8. MODIFICATION: Any matters of this Agreement may be modified from time to time by the 25 written consent of all the parties without, in any way, affecting the remainder. 26 9. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement 27 nor their rights or duties under this Agreement without the prior written consent of the other party. 28 10. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at -6- 1 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and 2 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or 3 resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its 4 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including 5 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, 6 or corporation who may be injured or damaged by the performance, or failure to perform, of 7 CONTRACTOR, its officers, agents, or employees under this Agreement. 8 11. INSURANCE 9 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third 1 O parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance 11 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or 12 Joint Powers Agreement (JPA) throughout the term of the Agreement: 13 A Commercial General Liability 14 Commercial General Liability Insurance with limits of not less than Two Million Dollars 15 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This 16 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including 17 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal 18 liability or any other liability insurance deemed necessary because of the nature of this contract. 19 B. Automobile Liability 20 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars 21 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto 22 used in connection with this Agreement. 23 C. Professional Liability 24 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., RN., L.C.S.W., M.F.C.C.) in 25 providing services, Professional Liability Insurance with limits of not less than One Million Dollars 26 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. 27 1. The retroactive date must be prior to the date on which services begin under this 28 Agreement. -7- 1 2. The CONTRACTOR shall maintain the policy and provide to the COUNTY 2 annual evidence of insurance for not less than three years after completion of services under this 3 Agreement; and 4 3. If the policy is canceled or not renewed, and not replaced with another claims-5 made policy with a retroactive date prior to the date on which services begin under this Agreement, then the 6 CONTRACTOR shall purchase extended reporting coverage on its claims-made policy for a minimum of 7 three years after completion of services under this Agreement. 8 D. Worker's Compensation 9 A policy of Worker's Compensation insurance as may be required by the California Labor 10 Code. 11 Additional Requirements Relating to Insurance 12 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming 13 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional 14 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for 15 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained 16 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance 17 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without 18 a minimum of thirty (30) days advance written notice given to COUNTY. 19 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and 20 employees any amounts paid by the policy of worker's compensation insurance required by this 21 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be 22 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under 23 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement. 24 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement, 25 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the 26 foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box 27 11867, Fresno, California, 93775, Attention: Contract Section - 6th Floor, stating that such insurance 28 coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and -8- 1 employees will not be responsible for any premiums on the policies; that such Commercial General Liability 2 insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as 3 additional insured, but only insofar as the operations under this Agreement are concerned; that such 4 coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, 5 maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with 6 insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled 7 or changed without a minimum of thirty (30) days advance, written notice given to COUNTY. 8 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein 9 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 10 Agreement upon the occurrence of such event. 11 All policies shall be issued by admitted insurers licensed to do business in the State of California, 12 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A 13 FSC VI I or better. 14 12. CONFIDENTIALITY: 15 All services performed by CONTRACTOR shall be in strict conformance with all applicable 16 Federal, State of California, and/or local laws and regulations relating to the confidentiality. 17 13. NON-DISCRIMINATION: 18 During the performance of this Agreement CONTRACTOR shall not unlawfully discriminate 19 against any employee or applicant for employment, or recipient of services, because of race, religious 20 creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic 21 information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or 22 military and veteran status pursuant to all applicable State and Federal statutes and regulations. 23 14. AUDITS AND INSPECTIONS: 24 CONTRACTOR shall at any time during business hours, and as often as COUNTY may 25 deem necessary, make available to COUNTY for examination of all its records and data with respect to the 26 matters covered by this Agreement. CONTRACTOR shall, upon request by COUNTY, permit COUNTY to 27 audit and inspect all such records and data necessary to ensure CONTRACTOR's compliance with the 28 terms of this Agreement. -9- 1 If this Agreement exceeds Ten Thousand and No/Dollars ($10,000.00) CONTRACTOR 2 shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final 3 payment under contract (Government Code Section 8546. 7). 4 NOTICES: The persons and their addresses having authority to give and receive notices under this 5 Agreement include the following: 6 7 8 9 COUNTY Director, County of Fresno Department of Public Health P.O. box 11867 Fresno, CA 93775 CONTRACTOR Jaime Jacobo, General ManaQer CCS Facility Services 2695 North Fowler Avenue Suite 11 OA Fresno, CA 93727 1 0 All notices between the COUNTY and CONTRACTOR provided for or permitted under this 11 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by 12 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by 13 personal service is effective upon service to the recipient. A notice delivered by first-class United States 14 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, 15 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one 16 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, 17 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by 18 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is 19 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the 20 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the 21 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section 22 establishes, waives, or modifies any claims presentation requirements or procedures provided by law, 23 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, 24 beginning with section 810). 25 15. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall 26 only be in Fresno County, California. 27 The rights and obligations of the parties and all interpretation and performance of this Agreement 28 shall be governed in all respects by the laws of the State of California. -10- 1 16. DISCLOSURE OF SELF-DEALING TRANSACTIONS 2 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit 3 or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status 4 to operate as a corporation. 5 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions 6 that they are a party to while CONTRACTOR is providing goods or performing services under this 7 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party 8 and in which one or more of its directors has a material financial interest. Members of the Board of 9 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a 10 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit E and incorporated herein by 11 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or 12 immediately thereafter. 13 17. SEVERABILITY: 14 The provisions of this Agreement are severable. The invalidity or unenforceability of any 15 one provision in the Agreement shall not affect the other provisions. 16 18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the 17 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous 18 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and 19 understanding of any nature whatsoever unless expressly included in this Agreement. 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill -11- 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and ye ar 2 first hereinabove written. 3 CONTRACTOR COUNTY OF FRESNO: 4 ~~2f'~V. ~~c~A,,(,L £ ~/,.L ---1-L~ (Authorized Signature) / t.~ Ernestsu~airman of the 5 ~ 1 1 , , I 0 j Cc:::, O Board of Supervisors of the County of I "' of,/1. .,'vr l/.."'-,_ 'r'" -4 v ,J, Fresno 6 Print Name & Tille 7 (Chairman of the Board, or President or Vice President) 8 ' i~~J . , . I 9 10 (Au thorized Signat,ur e) 1 }aA1U2,f ti'eA~ / . 1 (!;P;) Print Name & Title 11 (Corporation, or any Assistant Secretary, 12 or Chief Financial Officer, or any Assistant Treasurer} 13 14 Mailing Address 15 16 17 FOR ACCOUNTING USE ONLY: 18 Fund : 0001 19 Subclass: 10000 20 ORG : 5620 21 Account: 7070 22 23 24 25 26 27 28 ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By : _th~JJ/h_,~·__,r~ ~~---.,.-De1iui -12- SPECIFICATIONS BRIX-MERCER COMPLEX Exhibit A Page 1 of 2 The Brix/Mercer Complex consists of six floors with an average daily occupancy of approximately 325 employees. The general public frequents the facility daily, and the majority of direct services to the public occur on the first floor. The complex has a total square footage of approximately 132,000. The following is the approximate percentage of the various types of floor coverings in the complex: Unglazed Ceramic Tile Vinyl tile Sheet Vinyl Concrete (Equipment Rooms) Terrazzo Carpet 5.5% 15.6% 12.0% 2.8% 2.7% 61.4% CONTRACTOR shall provide sufficient janitorial staff and site supervisors to complete services within guidelines set forth in this Agreement. Failure to complete or perform services as described and scheduled may result in the CONTRACTOR being "Declared in Default". DECLARED IN DEFAULT: If CONTRACTOR has been "Declared in Default", COUNTY may deduct the dollar amount of the services not performed by the CONTRACTOR from any amount owed the CONTRACTOR by the COUNTY. At the COUNTY's option, the required services may be secured from other source(s) deducting the actual cost of the services plus a one hundred dollar ($100) administrative fee per day of incomplete service(s) rendered from the amount owed the CONTRACTOR by the COUNTY. CONTRACTOR will be notified of the lapse in service and be given the opportunity to send appropriate staff to complete the service. If CONTRACTOR does not reply or does not have staff available within two (2) hours of the COUNTY's request the COUNTY will deduct the administrative fees plus any actual costs to complete the service. All work shall be thoroughly performed to the satisfaction of the COUNTY's DPH Coordinator. QUALITY CONTROL: CONTRACTOR shall check and maintain a janitorial communication logbook, certifying in writing that complaints received are corrected. CONTRACTOR shall provide one (1) hour of Quality Control from 9:00 a.m. until 10:00 a.m. one (1) day per week as agreed upon between CONTRACTOR and COUNTY's DPH Coordinator. CONTRACTOR's Site Supervisor will speak English and will walk-through the complex with the COUNTY's DPH Director or designee. The purpose of the walk-through is to ensure that the proper level of cleanliness is maintained. A quality control checklist will be utilized to monitor the quality of services performed. Exhibit A Page 2 of 2 CONTRACTOR's Site Supervisor will ensure that those areas identified as unsatisfactory by COUNTY are cleaned, as directed. FLOOR CLEANING SCHEDULE: CONTRACTOR shall provide a detailed floor-cleaning schedule for carpets and hard surface floors in accordance with the terms of this Agreement. Schedule to be provided by CONTRACTOR prior to start of service. SECURITY: CONTRACTOR and its employees shall cooperate with COUNTY's security procedures. CONTRACTOR shall inform the COUNTY's DPH Director or designee as to how many employees will be performing work in the building prior to the start date of the contract. CONTRACTOR shall inform the COUNTY's DPH Director or designee prior to any changes in staff numbers. All employees of the CONTRACTOR shall obtain a COUNTY picture identification badge with required access permissions to the Brix/Mercer Complex. SCHEDULE OF JANITORIAL SERVICES BRIX/ MERCER COMPLEX Exhibit B Page 1 of 4 TIMES OF CLEANING: Cleaning of the Department of Public Health (DPH) Brix/Mercer Complex is to be done with as little hindrance of the COUNTY staff and clients as possible. All work must be performed Monday-Friday unless otherwise scheduled and agreed upon between both parties. All areas are to be cleaned prior to 8:00 a.m. or after 5:00 p.m. unless otherwise requested by the COUNTY's Director or designee. Historically, the COUNTY has only required the CONTRACTOR to perform work between 8:00 a.m. and 5:00 p.m. when the CONTRACTOR has failed to complete the work on the prior shift. ONCE PER DAY CLEANING: 1. Vacuum all carpets thoroughly: A. Under and around furniture. B. Corners, behind doors and along the baseboards. C. Spot clean spills, stains, remove gum, staples, paper clips and debris around/underneath furniture, corners, etc. 2. Empty all wastebaskets and waste containers and replace liners as needed. Replace liners daily in the Chest and Immunization Clinics on the 1st floor of the facility. Dispose of the recyclable waste' and solid waste in the appropriate waste containers located in the outside waste enclosure in the alley. 3. Damp wipe and sanitize all counters using a COVID-19 EPA approved disinfectant 4. Dust: A. Top of desks -if desk has been cleared off by employee. B. Window sills -if window sills have been cleared off by employee. C. File cabinets, chairs, tables and miscellaneous furniture. 5. Dust (with treated mop), spot clean and damp mop hard surface floors. The Clinic floors shall be treated according to the "Infection Control Cleaning Requirements for Clinic Areas" 6. Clean, sanitize, and polish drinking fountains using a COVID-19 EPA approved disinfectant. 7. Clean elevators: A. Stainless steel areas are to be cleaned with a metal polish. B. Wipe and remove residue from walls using a COVID-19 EPA approved Exhibit B Page 2 of 4 C. Elevator Floors -hard surface floors will be dusted with a treated mop and damp mopped; carpets, where applicable, are to be vacuumed. D. Elevator tracks are to be cleaned and vacuumed. 8. Clean up all spillage throughout facility. 9. Wash first floor windows, inside and out and wash metal window ledges, in front and back of facility. Note: the glass windows are approximately eight (8) feet high and include two (2) large nine (9) foot high windows. 10. Clean all entry/exit doors and door glass, inside and outside; includes front and back of facility. 11. Dust with treated/damp mop inside entry tile and terrazzo floors. 12. Empty all collected trash into trash bins containers located in the alley. (NOTE: Building doors should not remain open during this procedure.) 13. Restrooms: A. Floors are to be mopped with a disinfectant approved by DPH Coordinator. B. Fixtures on the sinks, toilets, urinals, and the mirrors are to be cleaned with a COVID-19 EPA approved disinfectant. C. Toilets and urinals, plus the surrounding wall areas and partitions, are to be cleaned with a COVID-19 EPA approved disinfectant. D. Sinks are to be cleaned with a powder cleanser containing bleach, if permitted by the manufacturer. E. Tile and marble areas, surrounding sinks, are to be cleaned using a COVID-19 EPA approved disinfectant. F. Empty wastebasket containers. G. Refill toilet paper, paper towel, soap dispensers and seat covers. H. Other cleaning agents to remove resistant soil, polish metal, or preserve floors should be used as needed, after any required treatment with disinfectant cleaner. I. Clean/polish all toilet paper, paper towel and soap dispensers. J. Unlock restroom stall doors. K. Unclog toilets. L. Clean and disinfect infant diaper changing stations, where located using a COVID-19 EPA approved disinfectant. 14. Spot clean walls, doors, doorknobs, door jams and area around light switches using a COVID-19 EPA approved disinfectant. 15. Remove graffiti on interior and exterior of building. 16. Dispose empty boxes, cardboard and miscellaneous materials that are identified as trash. 17. Clean/vacuum plastic chair mats. 18. Damp wipe and clean waiting area chairs and benches in all first floor clinics and main lobby using an COVID-19 EPA approved disinfectant. Exhibit B Page 3 of 4 19. Spot clean main display case window glass in front of first floor receptionist area and all other glass enclosed bulletin boards throughout. 20. Spot clean walls and/or side of desks adjacent to trash containers. 21. Vacuum floor slats within the entry door areas. 22. Clean and polish all sinks and sink fixtures. 23. Clean and polish brass door of the Brix Building, 1st floor. 24. Clean and furniture polish the tabletops at the following conference room locations in the facility: A. Mezzanine M51 B. Room 120 C. Room 241 D. Room 341 E. Room 346 F. Room 361 G. Room 407 H. Room 504 I. Room 523 J. Room 620 K. Room 653 25. Clean all janitorial sinks. WEEKLY CLEANING: 1. Sweep and damp mop or spot clean stairwells and stairwell landings in all stairwells. Also, clean safety handrails and stairwell banisters using COVD-19 EPA approved disinfectant. 2. Clean 2nd floor windows, door glass, metal window ledges, and metal door frames which lead to the courtyard area (inside and out, approximately eight [8] feet high). 3. Clean and polish metal corners on all floors. 4. Dust offices and cubicles. 5. Remove cobwebs where visible. B1-MONTHL Y CLEANING: (Twice per Month-Schedule to be determined and mutually agreed upon by Contractor and DPH Coordinator.) 1. Restrooms: A. Floors MUST be machine scrubbed with a disinfectant cleaner approved by the County's DPH Coordinator. Exhibit B Page 4 of 4 B. The partitions, walls and stainless steel are to be cleaned with a non-streaking COVID-19 EPA approved disinfectant approved by the County's DPH Coordinator. 2. Mopping, stripping, waxing and buffing of 1st floor terrazzo tile floors inside the building. 3. Outside the building, mop terrazzo tile with a metal soap absorbent to ensure the floors are kept in the highest state of cleanliness, appearance and safety. 4. Mopping, stripping, waxing and buffing of tile and vinyl floors to ensure the floors are kept in the highest state of cleanliness, appearance and safety. NOTE: Floor work may be performed on Saturdays if pre-arranged with the County's DPH Coordinator. MONTHLY CLEANING: 1. Mopping, stripping, waxing and buffing of tile and vinyl floors to ensure the floors are kept in the highest state of cleanliness, appearance and safety: Brix and Mercer -3rd floor -stripped, waxed, buffed. Brix - 4th floor-stripped, waxed, buffed. Brix -6th floor -stripped, waxed, buffed. All other floors have tile in bathrooms only. Bathroom schedules are included in the Bi-Monthly cleaning schedule. 2. Clean interior and exterior trash containers. 3. Wash all interior partition (modular furniture) window glass on both sides. 4. Clean heating and cooling intake/exhaust vents on floors and ceilings. 5. Clean light fixtures. 6. Clean 2nd floor courtyard area (Brix Building). 7. 1st floor -clean baseboard monthly and/or as needed. I. INFECTION CONTROL CLEANING REQUIREMENTS FOR CLINIC AREAS Exhibit C Page 1 of 5 Cleaning Materials A. B. Equipment 1. A floor cleaning machine incorporating a wet vacuum shall be used. This machine must be in good working order and must be maintained in sanitary condition. 2. When floor is not cleaned by machine, mops, cloths, and buckets should be maintained as follows: a. 1 Buckets should be cleaned, sanitized, and dried after use. b. Mops should be hot-water laundered, sanitized, and dried after each day's use. This will require durable mops that can withstand laundering. c. Cloths must be hot-water laundered, sanitized, and dried after use. d. Disposables should be discarded after use, as they cannot be adequately cleaned or sanitized. Cleaning Compounds for Clinic Areas 1. Disinfectant is used for cleaning spills, secretions, counter tops, and durable patient contact surfaces. a. The specific disinfectant required for this application shall have proven activity against COVID-19 and Hepatitis B virus and shall be used at recommended dilutions. Currently, it is recommended to use 0.5% hypochlorite, a 1/10 dilution of household bleach. This dilution must be made up fresh daily. Chlorine's disinfecting ability is destroyed by organic compounds, so the bleach solution needs to be kept in a clean container and not mixed with other cleaning compounds. If the Contractor is not permitted to use this solution, it will be indicated, and an alternative will be submitted to DPH's Coordinator for approval. b. Because hypochlorite may degrade surfaces, another product may be substituted in the future with prior approval from DPH's Coordinator. To be considered, a product must meet the following criteria: Exhibit C Page 2 of 5 • It must be registered with the Environmental Protection Agency (EPA) as a disinfectant. • It must have documented cidal activity against Hepatitis B virus, HIV, COVID-19, and Tuberculosis. • It must be less harsh on surfaces than 0.5% hypochlorite. • It must be less toxic to users than 0.5% hypochlorite. • It must be more cost effective than 0.5% hypochlorite. 2. Disinfectant Cleaner is used for routine cleaning of floors, walls, and other non-patient contact or sensitive surfaces. a. The product used must be a one-step cleaner and disinfecting agent that has good cleaning and disinfecting properties, without staining or hazard. b. The product used must be among those EPA registered as a hospital disinfectant. It must be capable of one-step cleaning and disinfecting. It must be non-hazardous and non-staining. c. With prior DPH approval, other compounds that can demonstrably meet these criteria may be added to this list of possibilities. DPH reserves the right to remove compounds from this list, for reasons of cost or inefficiency. C. Other Cleaning Equipment and Compounds 1. Broken glass should never be picked up by hand. Brooms and dustpans shall be utilized for this chore. 2. Other cleaning agents to remove resistant soil, polish metal, or preserve floors and cabinetry must be used as needed, after any required treatment with disinfectant cleaner. D. Apparel Requirements 1. Closed toe non-slip footwear is required. Sandals or open toed footwear is not permitted. 2. Plastic or rubber gloves and a face covering that covers the nose and mouth shall be worn when handling contaminated material or disinfectant/cleaning compounds. 3. Other coverings may be worn to protect clothing from harsh cleaning compounds. II. Exhibit C Page 3 of 5 Skin shall not be exposed, particularly the nose, mouth, legs and arms, while utilizing contaminated material or disinfectant/cleaning compounds. contaminated material or disinfectant/cleaning compounds. Cleaning Procedures for Clinic Areas A. Coordination of Work 1. Cleaning crew will check the Janitorial Communication Logbook at the end of the Clinic hours to see if special cleaning is needed. 2. Cleaning done routinely in blood drawing areas will be scheduled for times when clinics are not in progress. B. Floors C. D. 1. Clinic area carpets will be thoroughly dry vacuumed daily and shampooed quarterly. All sheet vinyl will be mopped daily with a disinfectant. Carpeting in clinic areas should not be moistened more than is necessary. Moisture in carpets increases odors and volume of microorganisms. 2. Linoleum floors in Clinic areas: a. Treated dust mops shall not be used. Daily vacuuming is preferred for picking up gross soil. Any wet vacuuming shall use a disinfectant solution from the EPA approved list of hospital disinfectants. b. Floors should be wet mopped daily with a disinfectant-cleaner solution to effect one-step cleaning and disinfection. Only if there is heavy soil deposition would preliminary cleaning be indicated. c. Floors should be lightly scrubbed, spot-waxed and re-polished as needed between stripping. d. Floors should be stripped and waxed once per month. Counter Tops 1. Counter tops in clinic areas should be cleaned and sanitized daily with a disinfectant (1/10 bleach solution). Infectious Waste 1. Red plastic bag liners in the Clinic areas should not be picked up. 2. Red plastic "sharps" containers should not be handled or emptied by Contractor. Clinicians are responsible for sealing them and placing them into infectious waste cans. Please immediately report any open "sharps" Exhibit C Page 4 of 5 containers left unlocked after Clinic hours, or any "sharps" (needles, lancets) loose in the large infectious waste containers. E. Walls F. Walls shall be cleaned weekly and when visibly soiled using a detergent. In the following areas, a COVID-19 EPA approved disinfectant cleaner solution shall be utilized for cleaning. 1. 2. 3. Sinks 1. Any wall next to an exam table, where body secretions may be found on the wall. Wall near infectious waste can. Wall behind counter tops. Sinks in clinic areas shall be cleaned daily with COVID-19 EPA approved disinfectant cleaner and polished as needed. Any body secretion residues should be first treated as spills. (See below.) 2. Paper towels, exam table paper, and liquid hand soap must be kept stocked daily. G. Exam Furniture 1. Exam furniture should be cleaned weekly and as needed using a COVID-19 EPA approved disinfectant cleaner to remove visible soil. H. Spills 1. If apparent spills are discovered after hours, DPH Coordinator shall be notified the following day via e-mail at dphjanitorial@fresnocountyca.gov electronic mailbox, and this procedure should be used immediately by janitorial staff. a. Gloves shall be worn during all spill clean-ups. b. Drop paper towels onto the area to blot and contain spill. c. Deposit all contaminated disposable clean-up materials in the infectious waste containers. d. Flood with disinfectant (1/10 bleach), working from the spill or stain perimeter inward. e. Remove used gloves and dispose of them into infectious waste containers. I. Exhibit C Page 5 of 5 f. Wash hands for 10-15 seconds using soap and running water. Designated Clinic Areas The following room numbers and locations are designated Clinic areas, requiring infection control cleaning as outlined above. Immunization Chest Clinic Special Services Rooms 179, 180, 181, 182, 183 Rooms 187, 189, 192 Rooms 142, 143, 149 Exhibit D CARPET CLEANING SCHEDULE The following floor plans pertain to the carpet cleaning schedule and indicate the frequency of service and area of service for each floor. The frequency of service shall be indicated in each floor legend. Frequencies are as follows: Quarterly -Four (4) times a year or every three (3) months. Monthly* -Once every calendar month. *This also includes the high traffic carpeted areas, Room 120 and Lobby area in front of Room 120, 3rd Floor Brix Building, Front Lobby area, 3rd Floor Brix Building, rear elevator landing and hallway, 3rd Floor Mercer Building back waiting area and the hallway from the back elevator to the front elevator. Bi-Monthly -Twice every calendar month. No Service -No floor maintenance service necessary. 652 651 650 648 653 649 COPIER/BREAK ROOM 626 625 624 ELV ELV 601 602 647 646 Worn. BIR 645 MensB/R 643 644 641 1 Ca~pet q~arterly Vinyl_Monthly , Tile Bi monthly No Service Exhibit D 640 609 610 Brix/Mercer Complex 1221 Fulton Street 549 547 548 554 553 Worn. BIR \/(\ 543 523 508 542 J Carpel q~arterly ,!ile Bi monthly I • No Service -• 509 Exhibit D 540 510 Brix/Mercer Complex 1221 Fulton Street 452 451 448 447 447B 444 443 423 442 1 1.,arpe1 quaneny Tile Bi monthly lii: Carpel Monthly • No Service No Service Exhibit D ELEVATOR 441 Brix/Mercer Complex 1221 Fulton Street 349 348 347 346 Worn.BIR 344 322 342 . l.arpet quaneny I Tile Bi mon_lhly ,[[~ Carpet Monthly • No Service Exhibit D 341 Brix/Mercer Complex 1221 Fulton Street 244 2148 245 245A 2458 250 224 ----242 243 ' Carpel quarterly Tile Bi monlhly ',Hi I Carpet Monthly -• No Service Exhibit D 241 Brix/Mercer Complex 1221 Fulton Street M51 M52 M54 M26 M27 M28 M53 lorage Bl Women's BIR Men's BIR Carpet quarterly ; Tile Bi rrion_Uily [ •. NoSer,ice M44 M43 M42 Exhibit D ELEVATOR M41 M25 M24 Brix/Mercer Complex 1221 Fulton Street 151 152 125 124 123 122 121 105 104 ELV ELV 150 148 I 149 120 CSl!J 103 102 , Carpet quarterly .iii! ~ c~~et M~lhly 1EXIT Storage 144 147 141 143 142 Wom.B/R Mens BIR 133 128A I! Brix li§! 101 Vinyl Til13 Bi ~nlhly -Strip ~ Wa; Ceramic Tile -Bi monlhly • :108 106 Terazzo -Bl Monthly Strip/Wax Strip and Wax No Service ' Exhibit D .,,. 132 131 130 129 127 107 Storage Brix/Mercer Complex 1221 Fulton Street 375 376 377 378 379 375 ELEVATOR 373 Exhibit D Carpel quarterly Vinyl Monthly Tile Bl m':>nthly IWH Carpel Monthly No Service Brix/Mercer Complex 1221 Fulton Street 291B 293 288D 291 288E 288F 292 ... ·.· .... :(/\\: 278 -:::=:::::::=:: 277 :::::::::::::: 275 295 288A 2888 288C 288 280 Exhibit D ELEVATOR Mercer 21Dl~ 290 289 287 Carpet quarterly Tile Bi monthly i • No Service . ' Brix/Mercer Complex 1221 Fulton Street 183 184 LJ 177 185 ----.....7 186 176 X-RAY 187 170 188 189 190 192 193 ..................................................... I 161 l 7 ELEVATOR Bathroom 172 Bathroom Bathroom Bathroom Carpet quarterly 1 Vinyl Bi Monthly Till! ·Bi monthly Lino Bi ~nl!!IY • No Service Exhibit D Brix/Mercer Complex 1221 Fulton Street Exhibit E SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest. 11 The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the Corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4). Page I of2 Exhibit E (1) Company Board Member Information: Name: Date: Job Title: (2) Company/ Agency Name and Address: (3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: I Date: I Page 2 of2