Progreen Building Maint/Janitorial Services 09MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, a California municipal corporation
("City"), and PROGREEN BUILDING MAINTENANCE, a California corporation
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RECITALS
WHEREAS, City desires to utilize the services of Contractor as an independent
contractor to provide the City with custodial services and supplies to maintain the Civic
Center, Public Library, Senior Center and Other Facilities (collectively, "City Facilities")•
B. Contractor represents that it is fully qualified to perform such services by
virtue of its experience and the training, education and expertise of its principals and
employees.
C. City desires to retain Contractor, and Contractor desires to serve City to
perform these services subject to the terms contained herein and all applicable local, state
and federal laws and regulations.
NOW, THEREFORE, in consideration of the performance by the parties of the mutual
promises, covenants, and conditions contained herein, the parties agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1. Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor shall provide those services related to custodial service and
supplies for the Civic Center, Public Library, Senior Center and Other City Facilities ("City
Facilities") as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Contractor warrants that
all services will be performed in a competent, professional and satisfactory manner in
accordance with the standards prevalent in the industry for such services.
1.2. Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3. Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by this
Agreement.. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from
or are necessary for the performance of the services required by this Agreement.
1.4. Familiarity with Work. By executing this Agreement, Contractor warrants
that (a) it has thoroughly investigated and considered the work to be performed, (b) it has
invcctiaatacl_tho_cita_nf_tha_wnrk_and—fully_anm sainted_itself—with_the_condltlons_there
existing, (c) it has carefully considered how the work should be performed, and (d) it fully
understands the facilities, difficulties and restrictions attending performance of the work
under this Agreement. Should Contractor discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer (as defined in Section 4.2
hereof).
1.5. Standard of Care. Contractor acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Contractor's services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section 1.4
hereinabove, Contractor represents to City that it holds the necessary skills and abilities to
satisfy the heightened standard of work as set forth in this Agreement. Contractor shall
adopt reasonable methods during the life of the Agreement to furnish continuous
protection to the work performed by Contractor, and the equipment, materials, papers and
other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to persons or property, until acceptance of the work by City, except such
losses or damages as may be caused by City's own negligence. The performance of
services by Contractor shall not relieve Contractor from any obligation to correct any
incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Contractor.
1.6. Additional Services. In accordance with the terms and conditions of this
Agreement, Contractor shall perform services in addition to those specified in the Scope of
Services only when directed to do so by the Contract Officer, provided that Contractor
shall not be required to perform any additional services without compensation. Any
addition in compensation not exceeding five percent (5%) of the Contract Sum may be
approved by the Contract Officer. Any greater increase must be approved by the City
Council.
1.7. Special Requirements. Additional terms and conditions of this Agreement, if
any, are set forth in Exhibit "D" (the "Special Requirements") which is incorporated herein
by this reference and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this Agreement, the
provisions of the Special Requirements shall govern.
2.0 COMPENSATION
2.1. Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Forty -Two Thousand, Eight
Hundred Dollars ($142,800,00) per year or Eleven Thousand, Nine Hundred Dollars
($11,900.00) per month (the "Contract Sum"), except as provided in Section 1.6. The
method of compensation set forth in the Schedule of Compensation may include a lump
sum payment upon completion, payment in accordance with the percentage of completion
of the services, payment for time and materials based upon Contractor's rate schedule, but
not exceeding the Contract Sum, or such other methods as may be specified in the
Schedule of Compensation. Compensation may include reimbursement for actual and
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necessary expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of Compensation.
2.2. Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to City no later than the tenth (1Oth) working day of
such month, in the form approved by City's Finance Director, an invoice for services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the
services provided, including time and materials, and (2) specify each staff member who
has provided services and the number of hours assigned to each such staff member. Such
invoice shall contain a certification by a principal member of Contractor specifying that the
payment requested is for work performed in accordance with the terms of this Agreement.
City will pay Contractor for all expenses stated thereon which are approved by City
pursuant to this Agreement no later than thirty (30) days after invoices are received by the
City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1. Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2. Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "C" (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3. Force Maieure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contractor, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and unusually severe
weather, if Contractor shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall
ascertain the facts and the extent of delay, and extend the time for performing the services
for the period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the parties to
this Agreement.
3.4. Term. This Agreement shall commence on July 1, 2009 and terminate on
June 30, 2010 (initial term)• This agreement may be extended for two (2) additional one-
year terms upon mutual agreement by both parties (extended, term). Unless earlier
terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall
continue in full force and effect until completion of the services, except as otherwise
provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1. Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to
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act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Michael Sullivan, President
It is expressly understood that the experience, knowledge, capability, and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement
for directing all activities of Contractor and devoting sufficient time to personally supervise
the services hereunder.
The foregoing principals may not be changed by Contractor and no other personnel
may be assigned to perform the service required hereunder without the express written
approval of City.
4.2. Contract Officer. The Contract Officer shall be the Director of Building &
Safety or such other person as may be designated in writing by the City Manager of City.
It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and Contractor shall refer any decisions
which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer.
4.3. Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Contractor shall not subcontract with any other entity to perform in whole or
in part the services required hereunder without the express written approval of City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City. Any
attempted or purported assignment or sub -contracting by Contractor without the City's
express written approval shall be null, void and of no effect.
4.4. Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set forth. Contractor
shall perform all services required herein as an independent contractor of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as
are consistent with that role. Contractor shall have no power to incur any debt, obligation,
or liability on behalf of City. Contractor shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City. Contractor
agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and
to indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship created
by this Agreement. Contractor shall fully comply with the workers' compensation laws
regarding Contractor and Contractor's employees. Contractor further agrees to indemnify
and hold City harmless from any failure of Contractor to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
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Contractor's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 4.4.
4.5. City Cooperation. City shall provide Contractor with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Contractor only from or through
action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1. Insurance. Prior to the beginning any Work under this Agreement and
throughout the duration of the term of this Agreement, Contractor shall procure and
maintain, at its sole cost, and submit concurrently with its execution of this Agreement,
insurance as described herein. All insurance coverage required by this Agreement shall be
placed with insurers authorized to do business in the State of California with an A,M, Best
and Company rating level of A- or better, Class VI or better, unless otherwise approved by
the City's Risk Manager in writing.
coverage:
5.1.1. Minimum Coverage. Insurance shall include the following (or broader)
a. Insurance Services Office Commercial General Liability
coverage "occurrence" form CG 00 01 or its exact equivalent with an edition
date prior to 2004 and with minimum limits of $1,000,000 per occurrence
and $2,000,000 in the aggregate.
b. Insurance Services Office form number CA 0001 or equivalent
covering Automobile Liability, including hired and non -owned automobile
liability with a minimum limit of $1,000,000 per accident. If Contractor
owns no vehicles, this requirement may be satisfied by a non -owned and
hired auto endorsement to Contractor's commercial general liability policy.
C. Contractor shall carry Workers' Compensation Insurance
complying with California's worker's compensation laws, including statutory
limits for workers' compensation and an Employer's Liability limit no less
than $1,000,000 per accident or disease.
5.1.2. Required Endorsements. Liability insurance policies required to be
provided by Contractor hereunder shall contain or be endorsed to contain the following
provisions:
a. City, its employees, officials, agents and member agencies
shall be covered as additional insureds. Coverage shall apply to any and all
liability arising out of the Work or related to the Contract. Additional insured
status under the general liability requirement shall be provided on Insurance
Services Office Form CG 20 10 with an edition date prior to 2004, or its
exact equivalent. Additional insured status for completed operations shall be
provided either in the additional insured form or through another
endorsement such as CG 20 37 with an edition date prior to 2004.
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b. General and automobile liability insurance shall apply
separately to each insured against whom a claim is made or suit is brought,
except with respect to the limits of the insurer's liability. Coverage will not
be limited to City's vicarious liability.
C. Liability coverage shall be primary and non-contributing with
any insurance maintained by the City.
d. Each policy required hereunder, and the associated evidence of
coverage (including the workers' compensation and employer's liability
policies), shall provide that coverage shall not be suspended, voided,
canceled or reduced in coverage or in limits except after 30 days' prior
written notice has been given to City. Such provision shall not include any
limitation of liability of the insurer for failure to provide such notice.
e. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contractor, or Contractor's employees, or agents,
from waiving the right of recovery prior to a loss. Contractor waives its right
of recovery against City.
5.1.3. Verification of Coverage. Contractor shall deposit with City within
fifteen 05) days of Notice to Proceed of the Contract certificates of insurance evidencing
the coverage required hereunder and all required endorsements.
5.1.4. No Waiver or Obligation. There shall be no recourse against City for
payment of premiums or other amounts with respect to the insurance required to be
provided by Contractor hereunder. Any failure, actual or alleged, on the part of City to
monitor compliance with these requirements will not be deemed as a waiver of any rights
on the part of City. City has no additional obligations by virtue of requiring the insurance
set forth herein. In the event any policy of insurance required under this Agreement does
not comply with these requirements or is canceled and not replaced, City has the right but
not the duty to obtain the insurance it deems necessary and any premium paid by City will
be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay
premium from Contractor payments.
5.1.5. Prompt Notice. Contractor agrees to provide immediate notice to City
of any claim or loss against Contractor arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they are likely to
involve City
5.1.7. Subcontractors. Contractor shall include all subcontractors, if any, as
insureds under its policies or shall furnish separate certificates and endorsements for each
subcontractor approved by City. All coverages for subcontractors, if any, shall be subject
to all of the requirements stated herein unless otherwise approved in advance in writing by
City's Risk Manager.
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5.2. Indemnification.
5.2.1. Indemnification. To the fullest extent permitted by law, Contractor
shall indemnify, protect, defend and hold harmless City and any, and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all liability, claims,
suits, actions arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, actual attorney fees incurred by
City, court costs, interest, defense costs including fees of expert Contractors or expert
witnesses incurred in connection therewith and any other costs or expenses of any kind
whatsoever incurred in relation to, as a consequence of or arising out of or in any way
attributable in whole or in part to the performance of this agreement. All obligations under
this provision are to be paid by Contractor as the City incurs them. With respect to the
design of public improvements, the Contractor shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that
specified in Exhibit C without the written consent of the Contractor.
5.2.2. Exception to Contractor's Obligation to Indemnify. Without
affecting the rights of City under any provision of this agreement or this section,
Contractor shall not be required to indemnify and hold harmless City as set forth above for
liability attributable to the sole fault of City, provided such sole fault is determined by
agreement between the parties or by the findings of a court of competent jurisdiction. This
exception will apply only in instances where City is shown to have been solely at fault and
not in instances where Contractor is solely or partially at fault or in instances where City's
fault accounts for only a percentage of the liability involved. in those instances, the
obligation of Contractor will be all-inclusive and City will be indemnified for all liability
incurred, even though a percentage of the liability is attributable to conduct of the City.
5.2.3. Contractor Acknowledgment. Contractor acknowledges that its
obligation pursuant to this section extends to liability attributable to City, if that liability is
less than the sole fault of City.
5.2.4. Indemnity Provisions for Subcontractors. Contractor agrees to
obtain executed indemnity agreements with provisions identical to those set forth here in
this section from each and every subcontractor, sub tier contractor or any other person or
entity involved by, for, with or on behalf of Contractor in the performance of this
Agreement. In the event Contractor fails to obtain such indemnity obligations from others
as required here, Contractor agrees to be fully responsible according to the terms of this
section.
5.2.5. No Waiver; Survival. Failure of City to monitor compliance with the
requirements of this Section 5.2 imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. Contractor's obligation to indemnify and
defend City as a set forth herein is binding on the successors, assigns, or heirs of
Contractor and shall survive the termination of this Agreement or this section.
5.3. Remedies. In addition to any other remedies City may have if Contractor
fails to provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option:
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a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
b. Order Contractor to stop work under this Agreement and/or withhold
any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing
herein contained shall be construed as limiting in any way the extent to which Contractor
may be held responsible for payments of damages to persons or property resulting from
Contractor's or its subcontractors' performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1. Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning Contractor's performance of the services required by this
Agreement as the Contract Officer shall require.
6.2. Records. Contractor shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such books
and records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
6.3. Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement, shall be the property of City and shall be delivered to City upon
termination of this Agreement or upon the earlier request of the Contract Officer, and
Contractor shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership of the documents and materials
hereunder. Contractor shall cause all subcontractors to assign to City any documents or
materials prepared by them, and in the event Contractor fails to secure such assignment,
Contractor shall indemnify City for all damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Contractor for the
specific purpose intended and causes to be made or makes any changes or alterations in
said documents and materials, City hereby releases, discharges, and exonerates Contractor
from liability resulting from said change. The provisions of this clause shall survive the
completion of this Contract and shall thereafter remain in full force and effect.
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6.4. Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Contractor shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
6.5. Confidentiality. Contractor covenants that all data, documents, discussion,
or other information, if any, developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contractor to any person or entity without prior written authorization by City. City shall
grant such authorization if disclosure is required by law. All City data shall be returned to
City upon the termination of this Agreement. Contractor's covenant under this section
shall survive the termination of this Agreement.
7.0 ENFORCEMENT OF AGREEMENT.
7.1. California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and Contractor
covenants and agrees to submit to the personal jurisdiction of such court in the event of
such action.
7.2. Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured party shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of service
of such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the Contract Officer;
provided that if the default is an immediate danger to the health, safety and general
welfare, City may take such immediate action as City deems warranted. Compliance with
the provisions of this section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a waiver of
any party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit City's right to terminate this Agreement without 'cause
pursuant to Section 7.8.
7.3. Retention of Funds. City may withhold from any monies payable to
Contractor sufficient funds to compensate City for any losses, costs, liabilities, or damages
it reasonably believes were suffered by City due to the default of Contractor in the
performance of the services required by this Agreement.
7.4. Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Contractor requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or approval
of any subsequent act of Contractor. Any waiver by either party of any default must be in
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writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
7.5. Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of
the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other party.
7.6. Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7. Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8
for termination for cause. City reserves the right to terminate this'Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of
any notice of termination, Contractor shall immediately cease all services hereunder except
such as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3.
7.8. Termination for Default of Contractor. If termination is due to the failure of
Contractor to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7.2, take over work and prosecute the same to completion by
contract or otherwise, and Contractor shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein stipulated
(provided that City shall use reasonable efforts to mitigate such damages), and City may
withhold any payments to Contractor for the purpose of setoff or partial payment of the
amounts owed City as previously stated in Section 7.3.
7.9. Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1. Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Contractor, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2. Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
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interest or the interest of any corporation, partnership or association in which she or he is,
directly or indirectly, interested, in violation of any State statute or regulation. Contractor
warrants that it has not paid or given and will not pay or give any third party any money or
general consideration for obtaining this Agreement.
8.3. Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national origin or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard
to their race, color, creed, religion, sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1. Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48) hours
from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA To Contractor:
Attention: Tom Hartung PRO GREEN BUILDING MAINTENANCE
Building and Safety Director Attention: Michael Sullivan, President
78-495 Calle Tampico 10830 E. Whittier Boulevard
P.O. Box 1504 Whittier, CA 90606
La Quinta, CA 92247-1504
9.2. Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail
except as otherwise provided in Section 1.7.
9.4. Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
9.5. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases, sentences,
clauses, paragraphs, or sections of this Agreement which are hereby declared as severable
and shall be interpreted to carry out the intent of the parties hereunder.
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9.6. Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, CONTRACTOR:
a California municipal corporation
oPRO GREEN BU
Thomas P. Genovese, City Manager By:
Dated: '7!%/Og Name: J(/"'
Title: ✓ ' l
ATTEST -
VERONICA J,:,WNTECINC
Clerk, La-Quinta,-California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
A ♦ L& j�
MAINTENANCE
S
U:Ab&sVdianeAjanitorialagreement - 6/2009
-12-
EXHIBIT "A"
SCOPE OF SERVICES
DETAILED SPECIFICATIONS FOR CUSTODIAL SERVICES
GENERAL SCOPE OF WORK
The City of La Quinta, Riverside County California, wishes to retain the services of a
firm to provide custodial services for its Civic Center located at 78-495 Calle Tampico,
Public Library located at 78-275 Calle Tampico, Senior Center located at 78-450
Avenida La Fonda, Museum located at 77-885 Avenida Montezuma, Sheriff Station
located at 79-440 Corporate Center Drive #119, and five other miscellaneous
buildings. The structures consist of approximately 97,500 square feet. The City is
looking to contract for five nights per week at the Civic Center, Public Library, Senior
Center, Museum, Sheriff Station - north, Sheriff Substation, Public Works Yard (7
nights per week at Fritz Burns Park Restrooms, Sports Complex Snack Bar and
Restrooms, Public Library Restrooms and La Quinta Park Restrooms) for janitorial
service with a qualified firm.
SPECIFICATIONS
The following is an itemized list by area of cleaning activities and the frequency at
which each should occur. Cleaning products and paper supplies shall be
environmentally friendly, and be green or green seal certified.
NIGHTLY JANITORIAL SERVICE
GENERAL — Offices at all locations, conference rooms, council chambers
1 . All waste containers shall be emptied and contents disposed of in designated
area, and return containers to original locations
2. Liners to be used in all waste containers
3. Sweep and damp mop all hard flooring
4. Vacuum all carpeted areas
5. Dust desks, chairs, tables and other office furniture and equipment (paperwork
must be cleared by City staff)
6. Clean and polish all drinking fountains
7. Spot clean to remove fingerprints from glass entry doors and glass partitions
8. Replace any burned out light bulbs (city will provide bulbs)
9. Clean tile entry at Senior Center
GYM AREA (Civic Center)
1 . Sweep and damp mop flooring
LUNCHROOM, KITCHEN AND COFFEE AREAS
1 . Damp wipe all table tops and chair seats
2. Clean microwave inside and out
3. Outside of refrigerator to be cleaned
4. Sweep and damp mop or vacuum all floor areas
5. Run dishwasher in lunchroom
6. Clean and disinfect all sinks and countertops (dishes cleaned by City staff)
7. Empty trash and replace liners in containers
RESTROOMS AND LOCKER ROOMS
1. Clean and sanitize all urinals and commodes and wash basins including all
chrome fittings, bright work and countertops.
2. Clean tile behind urinals
3. Sweep floors and damp mop with germicidal cleaner
4. Empty waste containers and replace liner
5. Clean all mirrors
6. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
FACILITY MAINTENANCE - RECEIVING (Civic Center)
1 . Sweep or dust mop floor
2. Empty trash containers
JANITOR CLOSET (Civic Center and Senior Center)
1 . Sweep or dust mop floor
2. Remove all trash to designated area
3. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once a week in addition to the nightly service.
GENERAL
Offices at all locations, conference rooms, study session room, and council chambers
1. Spray and buff all tile floors
2. Dust all ledges and other flat surfaces below 6 feet from floor
3. Dust all picture frames and art work
4. Remove chairs and vacuum under desks
5. Power wash entrances and patios at Library, Museum, Senior Center, Sports
Complex, La Quinta Park, and five perimeter patios at Civic Center weekly.
LUNCHROOM KITCHEN AND COFFEE AREAS
1. Deep clean and polish sinks and countertops (dishes will be cleared by City
staff).
RESTROOMS AND LOCKER ROOMS
1 . Dust all ledges and partitions
JANITOR CLOSET
1 . Wash sink basin
2. Mop floors
3. Restock supplies
TELEPHONE ELECTRIC AND STORAGE AREAS
1. Sweep and damp mop floors
MONTHLY JANITORIAL SERVICE
These items must be completed at least once a month in addition to all nightly and
weekly services.
GENERAL — Offices at all locations, conference rooms and council chambers
1. Clean base molding and vacuum edge of carpeted areas
2. High dust all areas 6 feet and above (contractor must provide an approved lift to
perform this service)
3. Remove fingerprints from doors and frames
4. Spot clean minor stains in carpet
5. Spot clean wall surfaces in hallways
6. Spot clean minor stains in seats in the council chambers
LUNCHROOM KITCHEN AND COFFEE AREAS
1 . Remove lime buildup from faucets
RESTROOMS
1. Thoroughly wash partitions and doors
2. Spot clean wall surfaces
3. Thoroughly wash all floors and detail corners
4. Strip and re -wax floors
5. Remove lime buildup from all fixtures
6. Clean showers and remove mildew
QUARTERLY JANITORIAL SERVICE
GENERAL — Offices at all locations, conference rooms, council chambers
1. Spin pad shampoo hallways and high traffic areas
2. Strip and re -wax tile floors
3. Wash and wipe trash containers
4. Wash all windows inside and out/power wash around windows and entries
Lunchrooms and Kitchen
1. Wash and wipe trash containers
2. Strip and re -wax tile floors
SEMI-ANNUAL JANITORIAL SERVICE
1 . Vacuum heating and air conditioning vents
Restrooms
Wash all wall surfaces
ANNUAL JANITORIAL SERVICE
1. Steam clean all carpeted areas
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Contractors
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
performed under the Agreement shall not exceed One Hundred Forty -Two
Thousand, Eight Hundred Dollars ($142,8O0.00) per year or Eleven Thousand, Nine
Hundred Dollars ($11,9O0.00) per month, except as specified in Section 1.6 -
Additional Services of the Agreement.
U:\b&s\liane\janitodalagmemenl - 6/2009
CITY OF LA QUINTA
BID PROPOSALS
EXHIBIT "B"
SCHEDULE OF COMPENSATION
SCHEDULE I
PRICING SHEET - BASE BID
Bog Bid. - Firm fixed price per month for providing Janitorial Services, as specified, for the
following buildings -for the one' (1) year contract:
ESTIMATED
DAYS PER
SQUARE FOOTAGE
TOTALPER
LOCATION
OF SWLDING
MONTH
Civic Center
(5 days)
53,000 Sq. Ft.
$ bi SSO
Public Library
(7 days)
18,000 Sq. Ft.
$") Z�—
Two Restrooms
(7 days)
Senior Center'
(5 days)
10,500 Ft Sq. .
$ SO
$ I ® O
Clean every Sunday
(1 day)
after 9:00 p.m.
La Quints Museum
(5 days)
8,800 Sq. Ft.
$ I k O
Sheriff's Station - north
(5 days)
3,300 Sq. Ft.
$ SSA
Sheriff's Substation
(5 days)
775 Sq. Ft.
Public Works Yard
(5 days)
1,900 Sq. Ft.
Restroom/Offices
Sports Compiex (7 days) 475 Sq. Ft. $ ySO
(Restrooms & Snack Bar floor must be done M-F before 4:00 p.m., weekends before 8:00 a.m.)
Fritz Burns Park Restrooms (7 days)_ I50 Sq. Ft.
Swimming Pool June - September $ �ZS
S2� o� ) er S = Z iOO' l7s'm" Ct-
Restroomsloffices
qm nnp zed
L.Q. Park Snack. (7 days) 600 Sq. Ft. $ `ig)
Bar & Restfooms (must be done M-F before 4:00 p.m., weekends before 8:00 a.m.)
(� O
Clean Restock (2 days - Saturday & Sunday)
Restrooms
TOTAL BASE Bib FOR ONE YE
TALL FACILITIES) R (TOTAL PER/MONTH X 12) .........
� � FP S �tj�✓f.�
r
It is understood and agreed that this bid may not be with SaNin until sixty (60; days from th.
opening thereof, and in no case if the bid is awarded to tl�undersigned bidder.
Addenda is/are hereby acknowledged
By:yjl\-Z Sit Yojain
�y V
Firms' Name: ifVWanu(t `VAC, cd ` cG DcID
I` J i1 ou�i
Address: Li �, . U I li -Rl er ]�, 1 VGA
l �,L -C_ r C) le p (c%
Phone: l (p2) f0q `3-
Exhibit C
Schedule of Performance
Contractor shall complete all services within the term of this agreement.
U:\b&s\diane\janitorialageement - 6/2009
Exhibit D
Special Requirements
All cleaning products and paper supplies shall be environmentally friendly, and be
green or green seal certified.
U:\b&s\diane\jaiiitorialagreement- 6/2009
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Ban kofAmerica Cashier's Check No. 425
u'425520343116 1:1210003581: L3970,,,a5076u' i
M'THE'ORIGINALl)OCUMENT,HAS REFLECTIVE WATER MARK ON THE BACK . THE: ORIGINAL DOCUMENT; HAS REFLECTIVE WATERMARKON THEBACK
q l' ].I D 1 l:.VtRk..W- �s.Naw.u. 'Lena rlc gwna.v.�dt
a ow.�i �eun . ('vtiQa Inca w %14_" $e M *fAnA.. o.w,� ow•ll `%o �r - a i
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Page 1 of 1
Phyllis Manley
From: Louise West
Sent: Thursday, July 02, 2009 3:52 PM
To: Phyllis Manley
Subject: Progreen Bid Bond
Phyllis,
The $14,300 from Progreen for the bid bond will be deposited into Developer Deposits. When we receive their invoice
we'll do a journal entry for the expenses with the offset to the deposit account until it totals $25,000 for the performance
bond.
Any questions, give me a call.
Louise West
Accounting Manager
City of La Quinta
7/2/2009
'WAR
i
I
P.O. Box 1504
LA QUIN]A, CALIFORNIA 92247-1504
7 8 -4 95 CALu. TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINLA, CALIFORNIA 92253 FAX (760) 777-7101
July 1, 2010
Via Facsimile
Mr. Michael Sullivan, President
Progreen/Advanced Building Maintenance Co.
10830 East Whittier Boulevard
Whittier, CA 90606
Re: Janitorial Services Contract Extension
Dear Mr. Sullivan:
Congratulations, the Janitorial Services Agreement has been extended for the first one
year period beginning July 1, 2010 through June 30, 2011 . The Consumer Price
Index reflects a 2.4 percent increase. Therefore, the current monthly amount of
$11,725.00 plus an increase of $281.40 per month equals a new monthly contract
amount of $12,006.40.
Please submit copies of the Certificate of Liability/Worker's Compensation insurance as
they renew to attention of Diane Aaker in the Building and Safety Department.
Thank you.
Sincerely,
Tom Hartung
Building & Safety Director
c: City Clerk
NO&
P.O. Box 1504
LA QuixFA, CALIFORNIA 92247-1504
78-495 C.-u.i.e "C:�tiivico (760) 777-7000
LA Qurs r.A. CA1.1FORNIA 92253 FAX (760) 777-7101
June 16, 2011
Via Facsimile
Mr. Michael Sullivan, President
Progreen/Advanced Building Maintenance Co.
10830 East Whittier Boulevard
Whittier, CA 90606
Re: Janitorial Services Contract Extension
Dear Mr. Sullivan:
Congratulations, the Janitorial Services Agreement has been extended for the final one
year period beginning July 1, 2011 through June 30, 2012. The Consumer Price
Index reflects a 3.7 percent increase. Therefore, the current monthly amount of
$12,006.40 plus an increase of $444.24 per month equals a new monthly contract
amount of $12,450.64.
Please submit copies of the Certificate of Liability/Worker's Compensation insurance as
they renew to attention of Greg Butler in the Building and Safety Department.
Thank you.
Sincerely,
Tom Hartung
Building & Safety Director
Enclosures
cc: City Clerk
E
Westem Consumer Ynce Index Card rage z or ,+
4
r t
(2) Less than 1,500,000
Schedule of Upcoming Releases for the Con-su-mer_Price Index
Consumer Price Index fokUrban Wage Earners�Ind Clerical Workers
(CPI-W) in Pacific Cities a
U.S. City Averager
(1982-84=100 unless otherwise noted)
All Items Indexes
Percent change
1
12 months . month
ended ended
May Apr May
Apr May May
Monthly Data
2010 2011 2011
2011 20112011
U.S. City Average
214.124!221.743 i 222.954
3.6 4.1 0.5
(1967=100)
637.809'660.503i664.113
Lo Angele •Riverside -Orange
218.787.227.051 226.842',
3.9 3:h 0.1
nty
(1967=100)
646.5821671.0041670 3871
West
��216.044R23.268 223944#,
3.4 3.7 0.3
(Dec. 1977=100)
347.603i359.2271360.313'.
West - A (1)
218.605 225.8331226.399,
3.5, 3.6 0.3
(Dec.1977=100)
353.8781365.580 i 366.496,
West - B/C (Dec. 1996=100)
133.764' 138.362 138.816'
3.3 3.8 0.3
Footnotes
(1) 1,500,000 population and over
(2) Less than 1,500,000
Schedule of Upcoming Releases for the Consumer Price -Index
Consumer Price Index for All Urban Consumers (CPI-U) in Pacific ,
Cities and U.S. City Average
(1982-84=100 unless otherwise noted)
All Items Indexes Percent change
2
12 months months
ended ended
Bimonthly Data
San Francisco -Oakland -San
Jose
Apr Mar I Apr Mar Apr
2010 12011 2011 ',2011 2011
227.697 '234.121' 2.8
(1967=100)
;700.002j
719.752'1
Seattle -Tacoma -Bremerton
226.513
231.314
41967 100
690
.5001
705.134'
Schedule of Upcoming Releases for the, Consumer, Price Index
2.1
Apr
2011
1.8
0.8
http://www.bls.gov/xg_shells/ro9xg0la.htm 6/15/2011
i
ProGreen Building Maintenance
FY011/12 Monthly Invoicing Account Numbers, Effective 07/0112011
Location
Account number
Rate
Civic Center (5 days)
101-5008-419.42-15
$4,605.85
Sheriffs Substation (Bermudas) (5 days)
101-5054-421.42-15
$355.82
Sheriffs Substation (Corporate Centre) (5 days)
101-5054421-42-15
$605.82
Public Works Yard/Restroom & Offices
101-7003-431-42-15
$555.82
Senior Center (5 days)
101-3002-451.42-15
$1,405.82
Commence cleaning Sr. Center after 9:00 p.m. every
Sunday: (1 day)
101-3002-451.42.15
$155.77
Sports Complex/Snack Bar Floor (7 days)
101-3005-451.42-15
$505.82
Fritz Bums Park Restrooms (7 days)
101-3005451.42-15
$455.82
L.Q. Park Snack Bar/Restroom (7 days)
101-3005-451.42-15
$505.82
Clean Restock Restrooms (Sat & Sun)
101-3005-451.42-15
$205.82
Public Library (7 days)
101-3004.451.42-15
$1,705.82
Two Restrooms (7 days)
101-3004-451.42-15
$230.82
La Quinta Museum (5 days)
101-3006-451.42-15
$1,155.82
Total $12,450.64
Amount to
Account Charges
Bill
101-5008-419.42-15
$4,605.85
Subtotal
$4,605.85
101-5054-421-42-15
$355.82
101-5054-421-42-15
$605.82
Subtotal
$961.64
101-7003-43142-15
$555.82
Subtotal
$556.82
101-3002-451.42-15
$1,405.82
101-3002-451.42-15
$155.77
Subtotal
$1,561.59
101-3005451.42-15
$505.82
101-3005451.42-15
$455.82
101-3005-451.42-15
$505.82
101-3005-451.42-15
$205.82
Subtotal
$1,673.28
101-3004-451.42-15
$1,705.82
101-3004451.42-15
$230.82
Subtotal
$1,936.64
101-3006-451.42-15
$1,155.82
Subtotal
$1,165.82
Total
$12,450.64
*Swimming Pool Restrooms/Offices (June - Will be billed as separate monthly
September only) invoices @ $525 x 4 mo. _ $2100