Golden Touch Cleaning/Janitorial Services 15CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT (the "Agreement") is made and entered
into by and between the CITY OF LA QUINTA, a California municipal corporation ("City"),
and GOLDEN TOUCH CLEANING, a California janitorial services contractor ("Contractor").
RECITALS
WHEREAS, City desires to utilize the services of Contractor as an independent
contractor to provide City with janitorial services at City owned facilities.
A. 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.
B. 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, based on the foregoing Recitals and 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 janitorial services as specified in the
"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "Services"). Contractor represents and warrants that Contractor is a
provider of first-class work and services and Contractor is experienced in performing the
Services contemplated herein and, in light of such status and experience, Contractor
covenants that it shall follow the highest professional standards in performing the Services
required hereunder and that all materials will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards"
shall mean those standards of practice recognized by one or more first-class firms
performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of City
and any Federal, State, or local governmental agency of competent jurisdiction. Contractor
is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq.,
(collectively, the "Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "Public works" and "Maintenance"
projects. If the Services are being performed as part of an applicable "Public works" or
"Maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully
comply with such Prevailing Wage Laws including, but not limited to, requirements related
to the maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
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project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contractor will maintain and will require all
subcontractors to maintain valid and current DIR Public Works Contractor registration
during the term of this Agreement. Contractor shall notify City in writing immediately, and
in no case more than twenty-four (24) hours, after receiving any information that
Contractor's or any of its subcontractor's DIR registration status has been suspended,
revoked, expired, or otherwise changed. It is understood that it is the responsibility of
Contractor to determine the correct salary scale. Contractor shall make copies of the
prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Services available to interested parties upon request, and shall post copies
at Contractor's principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and hour laws
will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per
day for each worker who works in excess of the minimum working hours when Contractor
does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et
seq., eight (8) hours is the legal working day. Contractor also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et seq., including
Section 1776. Contractor shall defend (with counsel selected by City), indemnify, and
hold City, its elected officials, officers, employees, and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all "Public works" (as defined by the
Prevailing Wage Laws), Contractor shall bear all risks of payment or non-payment of
prevailing wages under California law and/or the implementation of Labor Code
Section 1781, as the same may be amended from time to time, and/or any other similar
law. Contractor acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contractor shall require the same of all subcontractors.
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,
including a City of La Quinta business license. Contractor and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the
term of this Agreement any licenses, permits, and approvals that are legally required 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, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers, employees, and
agents, free and harmless against any such fees, assessments, taxes, penalties, or interest
levied, assessed, or imposed against City hereunder. Contractor shall be responsible for all
subcontractors' compliance with this Section.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it
has thoroughly investigated and considered the Services to be performed, (b) it has
investigated the site where the Services are to be performed and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the Services should
be performed, and (d) it fully understands the facilities, difficulties, and restrictions
attending performance of the Services under this Agreement. Should Contractor discover
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any latent or unknown conditions materially differing from those inherent in the Services or
as represented by City, Contractor 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
contracted for under this Agreement require specialized skills and abilities and that,
consistent with this understanding, Contractor's 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 this Agreement to furnish continuous protection to
the Services 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 Services 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 work in addition to those specified in the Scope of
Services ("Additional 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. No such Additional Services may be undertaken unless a written change
order is first given by the Contract Officer to Contractor, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which
said adjustments are subject to the written approval of Contractor. It is expressly
understood by Contractor that the provisions of this Section shall not apply to the Services
specifically set forth in the Scope of Services or reasonably contemplated therein. It is
specifically understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contractor to secure the
Contract Officer's written authorization for Additional Services shall constitute a waiver of
any and all right to adjustment of the Contract Sum or time to perform this Agreement,
whether by way of compensation, restitution, quantum meruit, or the like, for Additional
Services provided without the appropriate authorization from the Contract Officer.
Compensation for properly authorized Additional Services shall be made in accordance with
Section 2.3 of this Agreement.
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 TWO THOUSAND, TWO HUNDRED TWENTY
dollars ($102,220.00) (the "Contract Sum"), except as provided in Section 1.6. The
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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 reasonable methods as may be specified in
the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by City; Contractor shall
not be entitled to any additional compensation for attending said meetings. Compensation
shall include reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses only when and
if specified in the Schedule of Compensation. Regardless of the method of compensation
set forth in the Schedule of Compensation, Contractor's overall compensation shall not
exceed the Contract Sum, except as provided in Section 1.6 of this Agreement.
2.2 Method of Payment. Any month in which Contractor wishes to receive payment,
Contractor shall submit to City no later than the tenth (10th) business 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 Services performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer and subject to the retention amount pursuant to
Section 2.4, payment shall be made to Contractor from City within thirty (30) days.
2.3 Compensation for Additional Services. Additional Services approved in advance by
the Contract Officer pursuant to Section 1.6 of this Agreement shall be paid for in an
amount agreed to in writing by both City and Contractor in advance of the Additional
Services being rendered by Contractor. Any compensation for Additional Services
amounting to five percent (5%) or less of the Contract Sum may be approved by the
Contract Officer. Any greater amount of compensation for Additional Services must be
approved by the La Quinta City Council. Under no circumstances shall Contractor receive
compensation for any Additional Services unless prior written approval for the Additional
Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If
the work is not completed in accordance with the Schedule of Performance, as set forth in
Section 3.2 and Exhibit C, it is understood that City will suffer damage.
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
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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. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this
Agreement, this Agreement shall commence on July 1, 2015 and terminate on June 30,
2016 ("Initial Term"). This agreement may be extended for four (4) additional one-year
terms upon mutual agreement by both parties ("Extended Term").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor ("principals")
are hereby designated as being the principals and representatives of Contractor authorized
to act in its behalf with respect to the Services specified herein and make all decisions in
connection therewith:
a. Debi Tambellini, President
E-mail: goidentouchcleaninginc@gmail.com
b. Luis Mejia, General Manager
E-mail: goidentouchcleaninginc@gmail.com
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. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of City.
4.2 Contract Officer. The "Contract Officer" shall be Toma Stoianovici, Maintenance
Coordinator, 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. The Contract Officer shall have authority to sign all documents on behalf of City
required hereunder to carry out the terms of this Agreement.
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 transferred, assigned, conveyed,
hypothecated, or encumbered, voluntarily or by operation of law, without the prior written
approval of City. Transfers restricted hereunder shall include the transfer to any person or
group of persons acting in concert of more than twenty five percent (25%) of the present
ownership and/or control of Contractor, taking all transfers into account on a cumulative
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basis. Any attempted or purported assignment or subcontracting by Contractor without
City's express written approval shall be null, void, and of no effect. No approved transfer
shall release Contractor of any liability hereunder without the express consent of City.
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 herein. City shall have
no voice in the selection, discharge, supervision, or control of Contractor's employees,
servants, representatives, or agents, or in fixing their number or hours of service.
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 not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor. 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. Except for the
Contract Sum paid to Contractor as provided in this Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing the Services hereunder for
City. City shall not be liable for compensation or indemnification to Contractor for injury or
sickness arising out of performing the Services hereunder. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and
any of its employees, agents, and subcontractors providing services under this Agreement
shall not qualify for or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the California Public
Employees Retirement System ("PERS") as an employee of City and entitlement to any
contribution to be paid by City for employer contributions and/or employee contributions
for PERS benefits. 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 payment due to Contractor under this Agreement
any amount due to City from Contractor as a result of Contractor's failure to promptly pay
to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contractor represents that it employs or will
employ at its own expense all personnel required for the satisfactory performance of any
and all of the Services set forth herein. Contractor represents that the Services required
herein will be performed by Contractor or under its direct supervision, and that all
personnel engaged in such work shall be fully qualified and shall be authorized and
permitted under applicable State and local law to perform such tasks and services.
4.6 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.
4.7 Utility Relocation. Not Applicable
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4.8 Trenches or Excavations. Not Applicable
4.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out the Services, Contractor shall at all
times be in compliance with all applicable local, state, and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, confined space procedures, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance
of all safety measures.
5.0 INSURANCE..
5.1 insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contractor shall procure and
maintain, at its sole cost and expense, and submit concurrently with its execution of this
Agreement, policies of insurance as set forth in Exhibit "E" (the "Insurance Requirements")
which is incorporated herein by this reference and expressly made a part hereof.
6.0 INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contractor shall indemnify,
protect, defend and hold harmless City and any and all of its officers, employees, agents,
and volunteers as set forth in Exhibit "F" ("Indemnification") which is incorporated herein
by this reference and expressly made a part hereof.
7.0 RECORDS AND REPORTS.
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services as the Contract Officer shall
require. Contractor hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the Services
contemplated herein, Contractor shall promptly notify the Contract Officer of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such ledgers
books of accounts, invoices, vouchers, canceled checks, reports (including but not limited
to payroll reports), studies, or other documents relating to the disbursements charged to
City and the Services performed hereunder (the "Books and Records"), as shall be
necessary to perform the Services required by this Agreement and enable the Contract
Officer to evaluate the performance of such Services. Any and all such Books and Records
shall be maintained in accordance with generally accepted accounting principles and shall
be complete and detailed. The Contract Officer shall have full and free access to such
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Books and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contractor's
business, custody of the Books and Records may be given to City, and access shall be
provided by Contractor's successor in interest. Under California Government Code
Section 8546.7, if the amount of public funds expended under this Agreement exceeds
Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination
and audit of the State Auditor, at the request of City or as part of any audit of City, for a
period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. Not Applicable
7.4 Licensing of Intellectual Property. Not Applicable
7.5 Release of Documents. Not Applicable
7.6 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, documents, discussion, or
other information shall be returned to City upon the termination or expiration of this
Agreement. Contractor's covenant under this section shall survive the termination or
expiration of this Agreement.
8.0 ENFORCEMENT OF AGREEME
8.1 California Law. This Agreement shall be interpreted, construed, and governed 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.
8.2 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 8.8.
During the period of time that Contractor is in default, City shall hold all invoices and shall,
when the default is cured, proceed with payment on the invoices. In the alternative, City
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may, in its sole discretion, elect to pay some or all of the outstanding invoices during any
period of default.
8.3 Retention of Funds. Not Applicable
8.4 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
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
8.5 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.
8.6 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
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Liquidated Damages. Since the determination of actual damages for any delay in
performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, Contractor shall not be charged Liquidated
Damages, but will be in default of this Agreement and therefore with the provisions of
Section 8.9, shall warrant termination.
8.8 Termination Prior to Expiration of Term. This Section shall govern any termination
of this Agreement, except as specifically provided in the following Section 8.9 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 8.3.
8.9 Termination for Default of Contractor. If termination is due to the failure of
Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City -
owned property which Contractor is permitted to occupy hereunder and City may, after
compliance with the provisions of Section 8.2, take over the Services 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 8.3.
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8.10 Attorneys' Fees. If either Party to this Agreement is required to initiate or defend or
made a Party to any action or proceeding in any way connected with this Agreement, the
prevailing Party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees;
provided, however, that the attorneys' fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the reasonable number
of hours spent by the prevailing Party in the conduct of the litigation. Attorneys' fees shall
include attorneys' fees on any appeal, and in addition a Party entitled to attorneys' fees
shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery, and all other necessary costs the court allows which are
incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Contractor, or any
successor in interest, in the event of 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.
9.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal
of it, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Contractor's
performance of the Services under this Agreement. Contractor further covenants that in
the performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent, or subcontractor without the express written consent
of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any decision relating to this
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which 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 other consideration for obtaining this
Agreement.
9.3 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 any impermissible classification including, but not limited to, race, color, creed, religion,
sex, marital status, sexual orientation, 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, sexual orientation, national origin, or ancestry.
Last Revised April 2015 -10-
10.0 MISCELLANEOUS PROVISIONS
10.1 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
Attention: Toma Stoianovici,
Maintenance Coordinator
78-495 Calle Tampico
La Quinta, CA 92253
To Contractor:
GOLDEN TOUCH CLEANING INC.
Attention Luis Mejia, General Manager
13681 Newport Ave. Ste 8
Tustin, CA 92780
10.2 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either Party by
reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or
otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire,
complete, and exclusive expression of the understanding of the parties. It is understood
that there are no oral agreements between the parties hereto affecting this Agreement and
this Agreement supersedes and cancels any and all previous negotiations, arrangements,
agreements, and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be valid
unless made in writing and approved by Contractor and by the City Council of City. The
parties agree that this requirement for written modifications cannot be waived and that any
attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable, such invalidity or unenforceability shall not affect any of the remaining
articles, 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 unless the invalid provision is so material that its invalidity deprives either party
of the basic benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers
and agrees to assign to City all rights, title, and interest in and to all causes of action it
Last Revised April 2015 - 11 -
may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright
Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services, or materials related to
this Agreement. This assignment shall be made and become effective at the time City
renders final payment to Contractor without further acknowledgment of the parties.
10.9 No Third Party Beneficiaries, With the exception of the specific provisions set forth
in this Agreement, there are no intended third -party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the parties
hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) that entering into this Agreement does not violate any provision of any
other Agreement to which said party is bound. This Agreement shall be binding upon the
heirs, executors, administrators, successors, and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California municipal corporation
�� Digitally si9netl by Frank l.3Pevacek
DN: serlalNumber—tn615M.12U3cvmj,c=US, st=California,
L=La Ouinta,o=Frankl. Spevacek c�=Frankl. Speva<ek
FRANK J. SPEVACEK, City Manager
Dated:
CONTRACTOR:
By: 4V.
/ J /
Name:-r',r'1/ /%' ' �f
Title:
ATTEST:
`�-"�P✓'V Digitallysi,n 0t aL, La Quinta /
DN: s,d,1Nu be 6fmh,hdh,1jz3,f rUS, st=Calif—ia, By,
1=La Quinta, o=City:3 :0 Quinta, codify of La Quinta
Dale: 2015.0].06093]:02 -07'00' _
SUSAN MAYSELS, City Clerk, La Quinta, Name:
California
Title:
APPROVED AS TO FORM: Two signatures are required if a
corporation.
William H. Ihrke, City Attorney
City of La Quinta, California
NOTE: CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR'S BUSINESS ENTITY
Last Revised April 2015 -12-
EXHIBIT A
Scope of Services
1. _ Services to be provided:
The proposed work includes providing regularly scheduled janitorial services and
appropriate supplies to effectively and safely maintain a high level of cleanliness for
specified City facilities in accordance with the best standards of practice. It shall be the
successful Contractor's responsibility to furnish at his/her own expense all tools,
equipment, labor, fuel, labor, materials, supplies, supervision, and services necessary for
the satisfactory performance of the work set forth in these specifications.
The Contractor shall provide, at his/her expense, all necessary green or green sealed
cleaning supplies and equipment as may be required to perform the janitorial tasks outlined
in this specification such as: cleaning supplies, floor wax, furniture polish, custodial tools,
laundry materials, and high lift equipment. All such supplies and materials shall be of the
highest quality, environmentally friendly, and green or green seal certified. The City
reserves the right to review and approve all items which may be used in performance of
the contract work. Contractor shall provide a list of all supplies to be used. No additional
compensation shall be allowed for such items.
Contractor's price shall include rest room supplies to be supplied in sufficient quantities as
to be continuously available in all restrooms included in this contract. Quality shall not be
less than that generally available in a first class American hotel and shall be subject to the
approval of the City's Contract Officer. Supplies shall include the following: toilet tissue
(two ply), hand towels (as appropriate), commode seat covers, hand soap (lotion and
powder), and plastic trash liners (for ALL waste receptacles).
2. Performance Standards:
Last Revised April 2015 -13-
CITY HALL
All locations, conference rooms, council chambers, reception areas, open common areas,
restrooms, kitchens, classrooms, lobbies, inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICES
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2. Sweep and mop all hard flooring and tiling with proper sanitizer
3. Spot vacuum all carpet
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all drinking fountains
6. Clean and empty smoking containers and empty trash containers outside of
entryway doors; replace liners in trash containers
7. Spot clean to remove fingerprints from glass entry doors
Lunchroom, Kitchen and Coffee Areas
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff);
2. Clean outside of refrigerators
3. Clean all microwaves inside and out
4. Rinse coffee pots and filter bowl
5. Run dishwasher
6. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Facility Maintenance Area
1 . Sweep or dust mop floor
2. Empty trash containers
Janitorial Closets
1 . Remove all trash to designated area
2. Maintain neat and orderly storage
Last Revised April 2015 -14-
WEEKLY JANITORIAL SERVICE
These items must be performed at least each week in addition to the nightly service.
1 . Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
2. Dust all picture frames, art work, and partitions
3. Wash entrances and 5 patios (Lunch, Study Session, City Manager, 2 City Council)
4. Clean glass entry doors and glass partitions top to bottom
5. Buff all tile floors
6. Vacuum all carpeted areas, move all chairs, and vacuum under desks and tables
7. Clean and polish wood in City Council Chamber
Lunchroom, Kitchen and Coffee Areas
Deep clean, polish sinks, countertops, and front of cabinets (dishes will be cleared by City
staff)
Restrooms and Locker Rooms_
Dust all ledges and partitions
Janitorial Closet
1 . Wash and disinfect sink basin
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1 . Clean all doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4, Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats in the City Council Chamber
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Ractrnnmc
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures
5. Clean showers and remove mildew
Last Revised April 2015 -15-
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly, weekly, and
monthly services
1 . 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
BI -ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Last Revised April 2015 -16-
EMERGENCY OPERATIONS CENTER (EOC)
WEEKLY JANITORIAL SERVICE
1 . Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
2. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
3. Sweep and mop all hard flooring and tiling with proper sanitizer
4. Vacuum all carpeted areas
5. Clean and polish all drinking fountains
6. Spot clean to remove fingerprints from glass entry doors and glass partitions;
includes cleaning of mirrors
Kitrhan Aran
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
2. Clean microwave inside and out
3. Rinse coffee pots and filter bowl
4. Clean outside of refrigerators
5. Damp wipe all table tops and chair seats
Restrooms
1. Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
2. Dust all frames and wall boards
3. Move chairs and vacuum under desks
Kitchen
Remove lime buildup from faucets
Last Revised April 2015 -17-
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services
1 . Clean base moldings and vacuum edge of carpeted areas
2. Clean doors and frames
3. Spot clean wall surfaces in hallways
4. Spot clean minor stains in carpet
BI -ANNUAL JANITORIAL SERVICE
1 . Shampoo hallways and high traffic areas
2. Strip and re -wax tile floors
3. Wash and wipe trash containers
4. Clean all windows inside and out both sides
5. Vacuum heating and air conditioning vents
Restrooms
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures
5. Dust all ledges
6. Wash and wipe trash containers
Kitchen
1 . Wash and wipe trash containers
2. Strip and re -wax tile floors
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Last Revised April 2015 -18-
I IRRARY
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, inside walkways and entryways.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2. Sweep and mop all hard flooring and tiling with proper sanitizer
3. Vacuum all carpeted areas
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all drinking fountains
6. Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
7. Spot clean to remove fingerprints from glass entry doors and glass partitions;
includes cleaning of mirrors
Lunchroom, Kitchens and Coffee Areas
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
2. Clean microwaves inside and out
3. Rinse coffee pots and filter bowl
4. Clean outside of refrigerators
5. Damp wipe all table tops and chair seats
Restrooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
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 each week in addition to the nightly service.
1 . Buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames, art work, and book shelves
4. Move chairs and vacuum under desks
5. Wash entrances
6. Clean glass entry doors and glass partitions top to bottom
7. Vacuum all carpeted areas, pull out all chairs and vacuum under desks and tables
Last Revised April 2015 -19-
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Janitorial Closet
1. Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once a month in addition to all nightly and weekly
services.
1 . Clean doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats at the reading desks and computer desks
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures
5. Clean showers and remove mildew
QUARTERLY JANITORIAL SERVICE
1 o 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
BI -ANNUAL JANITORIAL SERVICES
1 . Vacuum heating and air conditioning vents
2. Steam clean all carpeted areas (March and September)
Last Revised April 2015 -20-
WELLNESS CENTER
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, lounges, inside walkways, entryways, fitness room, office,
aerobic room and fitness restrooms with shower facilities.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2. Sweep and mop all hard flooring and tiling with proper sanitizer (including dance
floor, stage area, and exterior tiled area at entry door)
3. Vacuum all carpeted areas
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all 6 drinking fountains
6. Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
7. Spot clean to remove fingerprints from glass entry doors; includes cleaning of
mirrors in the multi-purpose room, fitness room near free weights and the aerobic
room.
8. Spot clean to remove fingerprints from inside window areas
9. Dust cubbies/shelves in aerobic room.
Kitchen and Coffee Areas
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff); damp
wipe the wet bar and sink in the Hospitality Room area and the Arts & Crafts room
2. Clean microwaves inside and out
3. Wipe down coffee makers
4. Clean outside of refrigerators and freezer
5. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
7. Clean and sanitize showers in fitness restrooms
8. Damp wipe/dust lockers in fitness room
Janitorial Closets
1. Remove all trash to designated area
2. Maintain neat and orderly storage
3. Expanded men's and women's restrooms have additional closet space for storage
Last Revised April 2015 -21-
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
Offices at all locations, conference rooms, reception areas, open common areas,
restrooms, classrooms, lobbies, inside walkways, entryways, fitness room, office, and
aerobic room.
1 . Scrub and buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames and art work and counter areas
4. Move chairs and vacuum under desks
5. Wash entrances and patios
6. Clean glass entry doors and glass partitions/windows top to bottom
7. Clean windows in fitness room
Kitchen and Coffee Areas
1 . Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
2. Clean and sanitize garbage disposal
Restrooms
Dust all ledges and partitions
Janitorial Closet
1 . Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
Patio Areas
1 . Power wash and rinse down areas
2. Wash down outside furniture when cushions are not present
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1 . Clean doors, door frames, and inside window areas
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains on furniture in lobby, hospitality area, and fitness room
(Only use clean water on furniture. No chemicals)
Kitchen and Coffee Areas
Remove lime buildup from faucets
Last Revised April 2015 -22-
Ractrnnmc
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures and shower areas
QUARTERLY JANITORIAL SERVICE
1 . Shampoo hallways and high traffic areas
2. Carpet buff the multipurpose room
2. Strip and re -wax tile
3. Wash and wipe trash containers
4. Wash all windows inside and out/power wash around windows and entries
Kitrhan
1. Wash and wipe trash containers
2. Strip and re -wax tile floors
BI -ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Carpet buff and clean all carpeted areas
Last Revised April 2015 -23-
MUSEUM
Offices at all locations, conference rooms, exhibit areas, open common areas, restrooms,
classrooms, lobbies, inside walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
2. Sweep and mop all hard flooring and tiling with proper sanitizer
3. Vacuum all carpeted areas including elevator
4. Dust desks, chairs, tables, and other office furniture and equipment (paperwork
must be cleared by City staff)
5. Clean and polish all drinking fountains
6. Clean smoking containers and empty trash containers outside of entryway doors;
replace liners in trash containers
7. Spot clean to remove fingerprints from glass entry doors, glass partitions, mirrors,
and stainless steel elevator walls and doors
Lunchroom, Kitchen and Coffee Areas
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff)
2. Clean microwave inside and out
3. Clean outside of refrigerators
4. Rinse coffee pots and filter bowl
5. Run dishwasher
6. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1 . Sweep or dust mop floor
2. Remove all trash to designated area
3. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVI
These items must be performed at least once each week in addition to the nightly service.
1 . Buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames, art work, and book shelves
4. Move chairs and vacuum under desks
5. Wash entrances
6. Clean glass entry doors and glass partitions top to bottom
Last Revised April 2015 -24-
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and locker Rooms
Dust all ledges and partitions
Janitorial Closet
1 . Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1 . Clean doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Restrooms
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures
5. Clean showers and remove mildew
QUARTERLY JANITORIAL SERVICE
These items must be completed at least quarterly in addition to all nightly and weekly
services.
1 . 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
BI -ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas including elevator
Last Revised April 2015 -25-
PARK RESTROOMS
DAILY/NIGHTLY JANITORIAL SERVICE
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work and countertops.
2. Clean tile behind urinals
3. Sweep floors and mop with a scented germicidal/cleaner and disinfectant
4. Wash waste containers, including lids, and replace liners
5. Clean all mirrors from top to bottom
6. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
7. Repair, replace, or report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1 . Remove all trash to designated area
2. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
1 . Restock supplies
2. Scrub and hose entryways
MONTHLY JANITORIAL SERVICE
1 . Thoroughly wash partitions and doors
2. Spot clean wall surfaces
3. Thoroughly wash all floors and detail corners
4. Remove lime buildup from all fixtures
BI -ANNUAL JANITORIAL SERVICES
1 Wash all wall surfaces
2. Stock extra toilet paper and a paper towels in storage rooms in case they run out
ANKH IAI I y
Provide an extra case of toilet paper and a case of folded paper towels to the La Quinta
Park snack bar and Sports Complex snack bar (late -September and mid-January)
SUPER CLEANING
Clean out snack bars at La Quinta Park and Sports Complex in late -August (Remove all
trash; clean and polish sinks, shelves, and countertops; clean outside of all snack bar
equipment and refrigerators; clean hand sink basins and disinfect; wash glass windows;
dust all ledges and partitions; clean wall surfaces; thoroughly sweep and wash all floors
and detail corners; strip and re -wax floors; wash and wipe out trash containers)
Last Revised April 2015 -26-
PUBLIC WORKS YARD RESTROOMS AND OFFICES
Offices, conference rooms, reception areas, open common areas, restrooms, inside
walkways, and entryways.
NIGHTLY JANITORIAL SERVICE
1. All waste containers shall be cleaned and emptied, liners changed, and contents
disposed of in designated area, and return containers to original locations
3. Sweep and mop all hard flooring and tiling
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
Lunchroom, Kitchen and Coffee Areas
1 . Clean and disinfect all sinks and countertops (dishes cleaned by City Staff);
2. Clean microwaves inside and out
3. Clean outside of refrigerators
4. Rinse coffee pots and filter bowl
5. Run dishwasher
6. Damp wipe all table tops and chair seats
Restrooms and Locker Rooms
1 . Clean and sanitize all urinals, toilets, and wash basins including all chrome fittings,
bright work, and countertops.
2. Clean tile behind urinals
3. Clean all mirrors from top to bottom
4. Sweep floors and mop with germicidal cleaner
5. Restock all supplies as necessary (soap, tissue, towels, linens, seat covers, etc.)
6. Report broken paper towel dispensers and soap dispensers to City
Janitorial Closets
1 . Remove all trash to designated area
2. Maintain neat and orderly storage
WEEKLY JANITORIAL SERVICE
These items must be performed at least once each week in addition to the nightly service.
1 . Buff all tile floors
2. Dust all window ledges, walls, and other flat surfaces from floor to ceiling removing
dust and cobwebs
3. Dust all picture frames and book shelves
4. Move chairs and vacuum under desks
Lunchroom, Kitchen and Coffee Areas
Deep clean and polish sinks and countertops (dishes will be cleaned by City staff)
Restrooms and Locker Rooms
Dust all ledges and partitions
Last Revised April 2015 -27-
Janitorial Closet
1. Wash sink basin and disinfect
2. Mop floors and disinfect
3. Restock supplies
MONTHLY JANITORIAL SERVICE
These items must be completed at least once each month in addition to all nightly and
weekly services.
1. Clean doors and frames
2. Clean base moldings and vacuum edge of carpeted areas
3. Spot clean minor stains in carpet
4. Spot clean wall surfaces in hallways
5. Spot clean minor stains in seats
Luncheon, Kitchen and Coffee Areas
Remove lime buildup from faucets
Ractrnnmc
1 . Thoroughly wash partitions, walls, and doors
2. Thoroughly wash all floors and detail corners
3. Strip and re -wax floors
4. Remove lime buildup from all fixtures
QUARTERLY JANITORIAL SERVICE
1 . 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
BI -ANNUAL JANITORIAL SERVICES
Vacuum heating and air conditioning vents
ANNUAL JANITORIAL SERVICE
Steam clean all carpeted areas
Last Revised April 2015 •28-
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 this Agreement. Total compensation for all work performed under this
Agreement shall not exceed $102,220 Dollars ($102,220.00) except as specified in
Section 1.6 - Additional Services of this Agreement.
Additional authorized services will be billed at Contractor's then current hourly consulting
rates. Contractor's current hourly rates are set forth in the attached rate schedule.
Last Revised April 2015 -29-
Exhibit C
Schedule of Performance
The following table itemizes the services to be provided, the frequency of service, and the
charges for each location:
ITEM
LOCATION
TIMES
TOTAL PER
PER YEAR
SQUARE
NUMBER OF
NO.
PER
MONTH IN
FEET
RESTROOMS
WEEK
DOLLARS
X12=
MEN - 5
City Hall
WOMEN - 5
la
78495 Calle Tampico
5
$2,995.00
Toilets - 20
Mon. -Fri. After 5:30 p.m.
$ 35, 940 .00
48,400
Urinals - 4
1 b
City Hall Patios
1
X12=
After 5:30 p.m.
$ 25.00
$ 300.00
1,301
X12=
MEN - 1
City Hall
WOMEN - 1
1c
Emergency Operations Center
1
$ 80.00
Toilets - 3
After 5:30 p.m.960.00
$
3,100
Urinals - 1
X12=
MEN — 1
Library Book & Office Areas
WOMEN — 1
2a
78.275 Calle Tampico
7
$ 1 , 750.00
$ 21 , 000.00
Toilets — 5
Sun. — Sat. After 7 p.m.
16,000
Urinals — 1
2b
Library Classroom & Community
7
$150.00
X12=
Room with Kitchen
$ 1 , 800.00
2,000'
Outside Library Restrooms as needed
MEN - 1
after events (Flat Rate/2 week,
Reimbursed
WOMEN - 1
2c
notice)
N/A
$180-00
by Renters
Toilets - 2
Lock Restrooms after Cleaning
1
160
X12=
MEN - 2
Wellness Center
WOMEN - 2
3a
78450 Avenida La Fonda
6
$ 1 , 750.00
21 , 000.00
SHARED - 1
Mon -Fri After 10 p.m.
$
Toilets - 10
16,240
Urinals - 2
MEN -2
'Wellness Center/ Multi-purpose Area
WOMEN - 2
3b
-as needed after events
N/A
$ 200.00
Reimbursed
SHARED - 1
(Flat Rate/2 week notice)
by Renters
Toilets - 10
16,240
Urinals - 2
Wellness Center Patios
1
X12=
3c
After 10 p.m.
$ 45.00
$ 540.00
2,500
X12=
MEN - 1
Museum
WOMEN - 1
4a
77885 Avenida Montezuma
5
$ 550.00
SHARED - 1
Mon. - Fri. After 9:30 p.m.
$ 6,600.0G
Toilets - 6
8,800
jUrinals - 1
Last Revised April 2015 -30-
_Monday through Saturday $1 , 200.00
La Quinta Park Snack Bar - X1
11 79120 Blackhawk Way N/A $ 200.00
Annual Super Cleaning-August$200.00
Sports Complex Snack Bar r X1
12 78900 Avenue 50 N/A $ 200.00
Annual Super Cleaning -August $200.00
$ 9,185.00 $102 , 220. C 0
TOTAL PER TOTAL PER
MONTH YEAR
1,000
1,900
::6
6
SHARED - 2
MEN -3
WOMEN - 3
Toilets - 6
Urinals - 3
MEN - 1
WOMEN - 1
!Toilets - 2
MEN - 1
WOMEN - 1
Toilets - 2
Urinals - 1
125
14 =0
S•0]
2'20
MEN - 1
WOMEN - 1
Toilets - 6
Urinals - 1
MEN - 1
WOMEN - 1
Toilets - 5
Urinals - 1
240.
TOTAL BASE PRICE FOR ONE YEAR $ 1 02, 220. 00
TOTAL BASE PRICE FOR ONE YEAR (Words): One hundred and two thousand and
two hundred twenty -dollars -.and zero cents„ -
Last Revised April 2015 -31-
Museum Meeting Room/ Special
4b
Cleaning as needed after events
N/A
$ 200.:00 Reimbursed.
(Flat Rate/2 week notice)
by Renters
Public Works Yard (Offices &
X12
5
Restrooms) 78109 Avenue 52
5
$ 1 50.00
Mon --Fri After 5:30 p.m.
$1 , 800.00
Sports Complex
X1 2-
6
78900 Avenue 50
6
$ 450.00
Mon -Sat After 10 p.m.
Lock Restrooms after Cleaning$
5, 4 0 0. 0 0
_
Fritz Burns Park Restrooms
X12 =
7
78060 Frances Hack Lane
7
$ 190,00
Sun -Sat 12 p.m. & after 10 p.m.
Lock Restrooms after cleaning
$2, 280.00
Colonel Mitchell Paige Restrooms
X12 =_
43495 Palm Royal Drive
8
Mori -Fri After 10 p.m.
5
$ 100.00
Sat after 10 p.rn. (Sept1-Nov.30)
$1 , 200.00
Lock Restrooms After Cleaning
La Quinta Park Restroorns
X12=
9
79120 Blackhawk Way
7
$ 150.00
Sun -Sat @ 12p.m. & after 10 P.M.
Lock Restrooms After Cleaning
$1 , 800.00
Fritz Burns Pool Restroom & Offices
X3=
78060 Frances Hack Lane
6
10
lune 1 through September 1
$ 400.00
_Monday through Saturday $1 , 200.00
La Quinta Park Snack Bar - X1
11 79120 Blackhawk Way N/A $ 200.00
Annual Super Cleaning-August$200.00
Sports Complex Snack Bar r X1
12 78900 Avenue 50 N/A $ 200.00
Annual Super Cleaning -August $200.00
$ 9,185.00 $102 , 220. C 0
TOTAL PER TOTAL PER
MONTH YEAR
1,000
1,900
::6
6
SHARED - 2
MEN -3
WOMEN - 3
Toilets - 6
Urinals - 3
MEN - 1
WOMEN - 1
!Toilets - 2
MEN - 1
WOMEN - 1
Toilets - 2
Urinals - 1
125
14 =0
S•0]
2'20
MEN - 1
WOMEN - 1
Toilets - 6
Urinals - 1
MEN - 1
WOMEN - 1
Toilets - 5
Urinals - 1
240.
TOTAL BASE PRICE FOR ONE YEAR $ 1 02, 220. 00
TOTAL BASE PRICE FOR ONE YEAR (Words): One hundred and two thousand and
two hundred twenty -dollars -.and zero cents„ -
Last Revised April 2015 -31-
Exhibit D
Special Requirements
California Dis Ip aced Janitor Opportunity Act
The Displaced Janitor Opportunity Act (California Labor Code Sections 1060-1065)
became effective on January 1, 2002. The law applies to companies that employ 25 or
more individuals. Covered employees are those who work at least 15 hours per week
under a contract to provide janitorial or building maintenance services.
The law requires contractors and subcontractors that obtain a new contract from an
awarding authority to provide janitorial or building maintenance services at a job site or
sites to retain for a 60 -day transition period employees who have been employed by the
former contractor or subcontractor for the preceding four months or longer at the site or
sites covered by the successor service contract, unless the successor contractor or
subcontractor has "reasonable and substantiated" cause not to hire an employee based on
his or her previous performance or conduct .
The successor contractor or subcontractor is required to provide a written offer of
employment to each employee in the employee's primary language or another language in
which the employee is literate. The offer should state the time within which the employee
must accept the offer, but in no case may that time be less than 10 days. Nothing in the
law requires the successor contractor or successor subcontractor to pay the same wages
or offer the same benefits as were provided by the prior contractor or prior subcontractor.
At the end of the 60 -day transition employment period, the successor contractor or
successor subcontractor is required to provide a written performance evaluation to each
employee retained pursuant to this law. If the employee's performance during that 60 -day
period is satisfactory, the employee must be offered continued employment. Any
employment after the 60 -day transition employment period is at -will employment.
If at any time the successor contractor or subcontractor determines that fewer employees
are needed to perform the contract than were required by the previous contractor, the
successor contractor or subcontractor is required to retain employees by seniority within
the job classification.
Once the new contract begins, the successor contractor or subcontractor must provide to
the awarding authority (1) a list of employees providing services at the site or sites
covered under that contract, indicating which of these employees were employed at the
site or sites by the terminated contractor or terminated subcontractor and (2) a list of any
of the terminated contractor's employees who were not retained, stating the reason these
employees were not retained.
The law establishes additional requirements for the new contractor or subcontractor during
the 60 -day transition employment period, including:
• maintaining a preferential hiring list of eligible covered employees who were not
retained from which the contractor or subcontractor must hire additional employees
until such time as all of the terminated contractor's or terminated subcontractor's
employees have been offered employment.
• Refraining from discharging without cause an employee retained pursuant to this law.
Cause must be based only on the performance or conduct of the particular employee.
Source: California Labor Code Sections 1060-1065
Last Revised April 2015 -32-
Exhibit E
Insurance Requirements
1 . Insurance. Prior to the beginning of and throughout the duration of this Agreement,
the following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with A.M. Best
ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Workers' Compensation
(per statutory requirements)
Contractor shall procure and maintain, at its cost, and submit concurrently with its
execution of this Agreement, Commercial General Liability insurance against all claims for
injuries against persons or damages to property resulting from Contractor's acts or
omissions rising out of or related to Contractor's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that the coverage
shall be primary for losses arising out of Contractor's performance hereunder and neither
City nor its insurers shall be required to contribute to any such loss. A certificate
evidencing the foregoing and naming City and its officers and employees as additional
insured (on the Commercial General Liability policy only) shall be delivered to and approved
by City prior to commencement of the services hereunder.
Contractor shall carry automobile liability insurance of $1,000,000 per accident against all
claims for injuries against persons or damages to property arising out of the use of any
automobile by Contractor, its officers, any person directly or indirectly employed by
Contractor, any subcontractor or agent, or anyone for whose acts any of them may be
liable, arising directly or indirectly out of or related to Contractor's performance under this
Agreement. If Contractor or Contractor's employees will use personal autos in any way on
this project, Contractor shall provide evidence of personal auto liability coverage for each
such person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance policy
shall contain a severability of interest clause providing that coverage shall be primary for
losses arising out of Contractor's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contractor shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
Contractor shall provide written notice to City within ten (10) working days if: (1) any of
the required insurance policies is terminated; (2) the limits of any of the required polices
are reduced; or (3) the deductible or self-insured retention is increased. In the event any of
said policies of insurance are cancelled, Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the Contract Officer.
Last revised April 2015 33
The procuring of such insurance or the delivery of policies or certificates evidencing the
same shall not be construed as a limitation of Contractor's obligation to indemnify City, its
officers, employees, contractors, subcontractors, or agents.
2. 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:
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.
3. General Conditions Pertaining to Provisions of Insurance Coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
a. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
b. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against
City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
C. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to City or its
operations limits the application of such insurance coverage.
d. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been
first submitted to City and approved of in writing.
Last revised April 2015 34
e. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
f. All coverage types and limits required are subject to approval, modification
and additional requirements by City, as the need arises. Contractor shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
g. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's general liability policy, shall be delivered to
City at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled at
any time and no replacement coverage is provided, City has the right, but not the
duty, to obtain any insurance it deems necessary to protect its interests under this
or any other agreement and to pay the premium. Any premium so paid by City shall
be charged to and promptly paid by Contractor or deducted from sums due
Contractor, at City option.
h. It is acknowledged by the parties of this Agreement that all insurance
coverage required to be provided by Contractor or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other
insurance or self-insurance available to City.
i. Contractor agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
j. Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow
any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self -insure its obligations to City. If Contractor's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured
retention must be declared to City. At that time, City shall review options with
Contractor, which may include reduction or elimination of the deductible or self-
insured retention, substitution of other coverage, or other solutions.
k. City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving Contractor
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to Contractor, City will negotiate additional compensation
proportional to the increased benefit to City.
Last revised April 2015 35
I. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this
Agreement.
M. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance requirement
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
n. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
Agreement. This obligation applies whether or not this Agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
o. Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable
to the renewing or new coverage must be provided to City within five (5) days of
the expiration of coverages.
P. The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials, and agents.
q. Requirements of specific coverage features or limits contained in this section
are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
r. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
s. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Exhibit.
t. Contractor agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this Agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of
City to reimburse any third party for the cost of complying with these requirements.
Last revised April 2015 36
There shall be no recourse against City for payment of premiums or other amounts
with respect thereto.
u. 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.
Last revised April 2015 37
Exhibit F
Indemnification
1 . General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent
permitted by law, Contractor shall indemnify, protect, defend (with counsel selected
by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities
of every kind, nature, and description, damages, injury (including, without limitation,
injury to or death of an employee of Contractor or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are cause in
whole or in part by any negligent or wrongful act, error or omission of Contractor,
its officers, agents, employees or subcontractors (or any entity or individual that
Contractor shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements,
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 A without the
written consent of Contractor.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law,
Contractor shall indemnify, defend (with counsel selected by City), and hold
harmless the Indemnified Parties from and against any liability (including liability for
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, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Contractor or by any individual or entity for which Contractor is legally liable,
including but not limited to officers, agents, employees, or subcontractors of
Contractor.
2. Standard Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth herein this section from
each and every subcontractor 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 herein, Contractor agrees to be
fully responsible according to the terms of this Exhibit. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. This obligation to indemnify and defend
City as set forth herein is binding on the successors, assigns or heirs of Contractor and
shall survive the termination of this agreement or this section.
Last revised April 2015 38
a. Limitation on Indemnity. Without affecting the rights of City under any
provision of this agreement, Contractor shall not be required to indemnify and hold
harmless City for liability attributable to the active negligence of City, provided such
active negligence is determined by agreement between the parties or by the findings
of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City's active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that
entire portion or percentage of liability not attributable to the active negligence of
City.
Last revised April 2015 39
-12
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Edie Hylton, Community Services Director
DATE: June 24, 2015
RE: Janitorial agreement with Golden Touch Cleaning
Attached for your signature is a contract between Golden Touch Cleaning and the City
for janitorial services for Fiscal Year 2015/16.
Please sign the attached agreement and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
_X_ Contract payments will be charged to account numbers: 101-3008-60115, 101-7003-60115, 101-3002-60115, 101-
3005-60115,202-3004-60115, and 202-3006-60115.
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not
meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
_X_ Approved by the City Council on June 16, 2015
N/A City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
N/A City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
N/A City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (initialed by Risk Manager on ok TLD 6-30-15
Performance bonds as required by the agreement (originals)
City of La Quinta Business License (copy or note number & expiration date here