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Resolution No. 2012-047RESOLUTION NO. 2012-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES WHEREAS, the City of Vernon is interested in obtaining proposals from qualified contractors to provide janitorial services for the Vernon City Hall, Public Works Building, Vernon Light & Power and the Petrelli Building; and WHEREAS, the Director of Community Services & Water is seeking permission for the issuance of a request for proposals for janitorial services (the "RFP"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to issue in accordance with Vernon City Code Section 2.29-2 the RFP, a copy of which is attached hereto as Exhibit A, to one or more qualified contractors, and to report to the City Council on the proposals received with a recommendation for action. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of April, 2012. � y � Name: William J. Davis Title:cMay / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-47, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 3, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April,,f012, at Vernon, California. ,, (SEAL) llar8G:/YXma'guc]Xi ) City Clerk - 3 - EXHIBIT A City of Vernon Request for Proposals (RFP) For Janitorial Services City of Vernon Community Services Department 4305 Santa Fe Avenue, Vernon Ca 90058 Phone: (323) 583-8811 April 2012 I. INTRODUCTION AND PROJECT The City of Vernon is seeking proposals and statements of qualifications from qualified firms to provide janitorial services to the City of Vernon. II. PROPOSAL PREPARATION AND SUBMISSION The proposal shall include, at minimum, the following items: 1. Title Page The title page shall show the Proposer's name, title of the service requested, local address, telephone number, and date of submittal. 2. Table of Contents A comprehensive table of contents shall list all materials included in the Proposal. Letter of Transmittal A person legally authorized to enter into contracts for the Proposer shall sign the Letter of Transmittal. The letter must include a brief statement of the Proposer's understanding of the work to be accomplished and a list of names of individuals authorized to make representations for the Proposer, their titles, addresses, and telephone numbers. 4. Experience Proposer's capabilities and experience shall be described in detail in order to provide for meaningful evaluation and assessment. The narrative should discuss each of the following subject areas: • Background; • Organization (provide a chart or outline of the firm's organizational structure showing the roles of all personnel involved with this contract, if awarded, identifying each by name/position); and • On a separate subheading provide a Staffing Plan listing specific information regarding the length and quality of experience performing janitorial services for a public agency. S. Work Plan Describe in detail how the service will be performed to meet and exceed the requirements reflected in the Scope of Work. Prepare and include a Staffing Plan that specifically describes the number of staff who will be committed to the project and their qualifications. If possible, list them by name. Describe and include the schedules, procedures, techniques, and methods that will be employed in meeting the objectives outlined in the Scope of Work. These may include personnel management, training, subcontracting, emergency and contingency planning, recruitment and replacement, supervision, supplies, equipment, uniforms, identification badges, safety, communications, and quality control. 6. Quality Assurance Program Describe Proposer's Quality Assurance Program (Program) that will be utilized by the Proposer as a self -monitoring tool to ensure that these services are performed in accordance with the City contract requirements. The Program must ensure service deliveries outlined in the Scope of Work, are completed in a timely fashion, the services will be free of defects, and how those results will be achieved. The Program must comprehensively address the Proposer's organization process for consistently delivering results. The Proposer's Staffing Plan must include a qualified inspector to monitor compliance with the Program. At minimum, the Program shall address the following in detail: . • Policies and Procedures — Quality control procedures for the Proposer, subcontractors, if any, and suppliers must be described. If a subcontractor is to perform work, the Program must detail how that subcontractors will interface with the Proposer and how the Proposer will ensure that he subcontractor complies with the Program; Inspection Fundamentals — The Proposer shall provide samples of forms that outline required operations and quality levels. The Proposal must indicate the Proposer's inspection schedules, a methodology to correct deficiencies, level of supervision, and how the inspections are to be performed. The Proposal shall document the name, authority, relevant experience, and qualifications of the person with overall responsibility for the inspections system; • Quality Control Documentation, Review and Reporting — The Program shall describe and list the records to be maintained. The Program shall detail how the Proposer will maintain inspection records and make them available to the City; Professional fees Professional fees shall be in a separate sealed envelope. III. PROPOSAL SELECTION The City reserves the right to accept or reject any and/or all Proposals, to waive irregularities and technicalities, and to request resubmission. There is no obligation on the part of the City to award the contract to the lowest bidder. The City reserves the right to award the contract to the most qualified bidder submitting a responsive Proposal with a resulting negotiated agreement which is most advantageous and in the best interests of the City. The Bidding Schedule is set forth in Attachment B. As part of the selection process, the City utilizes a Scoring Sheet to rate Proposals; set forth in Attachment C. The Proposals will receive a score (rating) and be ranked from high to low on the following criteria: 1. Cost (65 points) The score shall be calculated by taking the lowest contractor's annual or projected price and dividing by the subject contractor's price than multiplying the results by the maximum score. 2. References (10 points) Three references shall be checked. The contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors that have been terminated and for references that fail to support contractors claim of capababilites, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience (10 points) Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of experience may results in rejection of the Proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan (15 points) The score will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. The highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. IV. FORM OF CONTRACT The City's standard form of contract shall be used, and includes other provisions not described here. A standard professional service contract is attached for reference (Attachment A). Please review this very carefully and note in body of response any exceptions or alterations to the agreement. Alterations or Changes to the agreement which were not in the Janitorial Firm's response will not be made after the selection of the Janitorial Firm. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests up front, the City can compare all respondents on an equal footing. V. JOB WALK A Job Walk will be held on Monday, April 23, 2012 at 10:00 AM. Please contact Scott Rigg for further details. VI. PROPOSAL SUBMITTAL The Proposal and fees shall be submitted to Samuel Kevin Wilson, Director of Community Services, 4305 Santa Fe Avenue, Vernon, CA 90058, no later than 2:00 P.M. on Monday, April 30, 2012. The contractor shall submit four (4) copies of the subject proposal and fee schedule. The fee schedule shall be submitted in a separate sealed envelope. VII. SCOPE OF WORK JANITORIAL SERVICES REQUIRED FOR CITY HALL, PUBLIC WORKS FACILITIES, LIGHT & POWER BUILDING, AND PETRELLI BUILDING CLEANING WORK AND QUALITY REQUIREMENTS 1. TOILET & LOCKER ROOMS: (Includes private toilet rooms) A. Daily: 1) Sweep and wet mop or scrub floors utilizing a cleaner - disinfectant. Sweeping Damp Mopping Scrubbing: The floors shall be cleaned with a germicidal detergent solution, be free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces shall be dry and the comers clean. The contractor shall use designated mops for bathrooms, hallways, and break rooms. 2) Clean and sanitize all fixtures, including metal and chrome surface water closets, urinals, washbasins, shower stalls, mirrors, waste receptacles, shelving, dispensers and wall surfaces, utilizing a germicidal detergent solution. Fixture Cleaning: All fixtures and metal surfaces (washbasins, urinals, toilets, lockers, shower stalls, etc.) shall be cleaned with an approved germicidal detergent solution. There shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture. 3) Empty waste receptacles and refill service/supplies, paper towel, soap, toilet paper and seat cover dispensers. Empty, clean and disinfect sanitary napkin receptacles; replace soiled bags with new ones. Collect soiled bags in separate containers for disposal. Black trash bags shall be used for regular trash dispensers and clear bags shall be used for recycled materials. Servicing: All supplies shall be provided, and waste receptacles and sanitary napkin dispensers emptied, cleaned, disinfected and new bags inserted. 4) Spot -clean other surfaces and dust horizontal surfaces. Spot -Cleaning: Smudges, marks or spots shall be removed without causing unsightly discoloration. Thorough Dusting_ There shall be no dust streaks. Comers, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools. When inspected with a flashlight, there shall be no traces of dust on any surface. B. Weekly: 1) Wet mop and spray buff all resilient floors. Wet Mopping and Spray Buffing: Floors shall be free of streaks and mop -strand marks. There shall be no skipped areas. All walls, baseboards and other surfaces shall be free of splashings and markings from the equipment. The finished area shall have a uniform luster. 2) Wet wipe the full surface area of all stall partitions, doors, countertops, shelves, and wastepaper receptacles utilizing a multipurpose germicidal cleaner. Wet Wiping: All dirt, dust, water stains, spots, streaks, and smudges shall be removed from the surfaces. Prime and Treat Floor Drains: 3) Prime and treat floor drains with an approved liquid enzyme treatment to reduce odors and gas smells. C. Monthly: 1) Wet mop and wax all hard and resilient flooring in remaining room areas. Wet Mopping and Waxing: Damp mop and wax all hard and resilient flooring. The finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be free of residue. Grout Lines: All grout lines shall be free of all stains and discoloration. The contractor shall use the proper cleaning agents and removal techniques to ensure the grout lines are kept in pristine condition. 6 D. Quarterly: 1) Strip and apply four coats of floor finish to resilient floors using a non -slip floor wax. Stripping: All old finish or wax shall be removed. There shall be no evidence of gum, rust, burns or scuffinarks. There shall be no buildup of old finish or wax in comers or crevices. Finishing: Walls, baseboards and other surfaces shall be free of finish or waxy residue and marks from the equipment. Floors shall be free of streaks, mop strand marks. There shall be no skipped areas. 2. ROOM CLEANING: Includes all office areas, file rooms, conference rooms, kitchens, city council chambers, lounges, health units, and the corridor space adjacent to these areas. A. Daily: 1) Empty wastebaskets and remove trash to designated disposal area. Clean washbasins and mirrors, as necessary; supply paper towels where dispensers are provided. Clean the areas used for the collection of solid wastes. Wash or steam clean all cans used for collection of food remnants, inside and out. No chemicals or cleaners shall be used without the prior written consent of the Public Works & Water Superintendent. (Note: Carts and containers used for the collection and/or storage of waste material shall be of non-combustible or flame resistant construction). Recyclable Waste Collection: All recyclable waste disposed of in designated recycling bins throughout the buildings shall be collected and removed to an area designated by the City. Lunch Rooms: Thoroughly germa-clean lunchroom floors including tables, chairs and counter tops with approved disinfectant. Solid Waste Collection: All solid wastes generated in the building shall be collected and removed to area designated for trash by the City. Porcelain Ware Cleaning: Washbasins shall be clean and bright; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture. Damn Wiping Mirrors: Mirrors shall be clean and free of dirt, dust, streaks and spots 2) Clean interior of microwaves, sinks, ovens, stoves, refrigerators and coffee-pots. 3) Clean both sides of plate glass within the building: _ Interior Glass Cleaning: Glass shall be clean and free of dirt, dust, streaks, watermarks, spots and grime and shall not be cloudy. Cleaners shall be non-abrasive 7 and special care shall be taken so that glass treatments (tinting) are not scratched. The contractor shall use a specified cleaner and towels, supplied by the City, to clean the bullet resistant glass in the Vernon Police Department. 4) In office areas, file rooms, conference rooms, and lounge areas sweep floors, vacuum carpet and extend the sweep or vacuum to remove obvious dirt from around and under furniture. Remove gum from under desks and workstations. Heva Vacuuming: Carpet surfaces shall be free of obvious dirt, dust and other debris utilizing a Hepa equipped vacuum. Note: For the purpose of this contract, whenever the term carpet or carpeting is used, it is intended to include wall-to-wall carpeting as well as room size rugs and area rugs. Sweeping: Floor surfaces shall be free of obvious dirt or debris. Sweep with a chemically treated mop. Dusting: Available horizontal surfaces shall be free of obvious dust. Dust all blinds. Dust with a treated dust cloth all horizontal surfaces that are readily available and visibly require dusting. Carpet Spotting: Excessive buildup spillages or crusted material shall be removed along with spots, smears and stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing. Cleaned areas shall blend with adjacent areas of carpeting. Spot cleaning shall be done according to manufacturer recommendations. 5) Damp mop and spray buff lounge areas, including kitchens. Damp Mopping and Spray Buffing: Floors shall be free of streaks, mop strand marks and skipped areas. Walls, baseboards and other surfaces shall be free of splashings and markings from the equipment. The finished area shall have a uniform luster. B. Weekly: 1) In office areas, file rooms, city council chambers, conference rooms and lounge areas thoroughly dust horizontal surfaces of fumiture and all wall surfaces within approximately 70 inches of the floor and vertical surfaces and under surfaces (knee wells, chair rungs, table legs, etc.). Clean glass desktops. Vacuum all carpets. Thoromh Dusting: There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting cycle. Wet Wining (Glass Desk Top) Glass desktops shall be free of dirt, dust, streaks and - --- spots. Thorough Vacuuming: Carpets, including corners, shall be clean and free from dust balls, dirt and other debris; nap on carpets shall lie in one direction upon completion of the vacuuming task. 2) Sweep full floor area. Thorough Sweeping; Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, under furniture or behind doors. 3) Spot clean wall surfaces within approximately 70 inches of the floor. Spot Cleaning: Smudges, marks or spots shall be removed without causing unsightly discoloration. C. Monthly: 1) Wet mop and wax all hard and resilient flooring in remaining room areas: Wet Mopping and Waxing: Damp mop and wax all hard and resilient flooring. The finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be free of residue. Telephones: Use germicidal cleaner to clean all telephones. D. Monthly: 1) In office areas, file rooms, and conference rooms, damp wipe glass in interior office doors, partitions and bookcases. E. Quarterly: 1) Strip and apply four coats of floor finish to all flooring using a non -slip wax. Stripping: All old finish or wax shall be removed. There shall be no evidence of gum, rust bums or scuffhwks. Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The finished area shall have a uniform luster. 3. MAIN ENTRANCES, MAIN LOBBIES AND MAIN CORRIDORS A. Daily: 1) Sweep and damp mop bare floors, and vacuum carpeted floor areas. Clean and polish metal doorknobs, push bars, kick plates, railings and other metal surfaces; 9 clean and polish wood handrails, doors and other wood surfaces; clean spots and marks off walls, dust all surfaces within approximately 70 inches from the floor. Thorough Sweeping: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in comers, under furniture or behind doors. Thorough Vacuuming; Carpets shall be clean and free from dust balls, dirt and other debris; nap on carpets shall lie in one direction upon completion of the vacuuming task. Metal Polishing: Metal surfaces shall be free of smears, stains and finger marks. They shall be clean and bright and polished to a uniform luster. Wood Polishing: Wood.surfaces shall be clean and free of smudges and residue. Spot Cleaning_ Smudges, marks or spots shall be removed without causing unsightly discoloration. Thorough Dusting: There shall be no dust streaks. Comers, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools. 2) Damp mop and spray buff all hard and resilient floors. Damp Moving and Spray Buffing: Floors shall be free of streaks, and mop strands marks. There shall be no skipped areas. Walls, baseboards and other surfaces shall be free of splashing and markings from the equipment. The finished area should have a uniform luster. 3) Clean both sides of entrance door glass and glass surrounding entrance doors within reach. Glass Cleaning: All glass shall be clean and free of dirt, grime, dust, streaks, watermarks and spots and shall not be cloudy. B. Monthly: 1) All grout lines shall be clean and free of stains and discoloration utilizing proper cleaning agents and techniques to ensure they remain in pristine condition. C. Quarterly: 1) Clean and polish all door thresholds. Cleaning Thresholds: Thresholds shall be clean and free of oil, grease, dirt and grime. 10 2) Strip and apply four coats of floor finish to all hard and resilient floors using a non -slip wax. Stripping: All old finish or wax shall have been removed. There shall be no evidence of gum, rust, bums or scuffmarks. Water solutions shall not be used on wood flooring. Note: Additional coats of finish may be required between quarterly applications in order to meet the quality requirements identified in Part 3 (Main Entrances, Main Lobbies and Main Corridors). Finishing: Wails, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The finished area shall have a uniform luster. 4. STAIRWAYS: A. Three Times Weekly: (Mon -Wed -Fri) 1) Sweep or vacuum stair landings and steps; dust railings and ledges. Sweeping or Vacuuming Stairways: Landings and treads shall be free of dirt, dust, and other loose foreign matter. The contractor shall take precautions to ensure the non -slip tape is not damaged during cleaning operations. B. Monthly: 1) Wet mop or scrub steps, risers and landings; clean glass surfaces and polish bright metal and woodwork. Spot clean walls to a height of approximately 70 inches. Wet Mopping or Scrubbing: Steps, risers and landings shall be clean and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces shall be dry and the comers clean. Cleaning (Glass): Glass shall be clean and free of dirt, dust, streaks and spots. Bright Metal Polishing: Bright metal surfaces shall have a polished and lustrous appearance. Spot Cleaning: Smudges, marks, or spots shall have been removed without causing unsightly discoloration. 5. PASSENGER ELEVATORS: A. Daily: I 1) Clean all surfaces in the interior of the car, including floor track, and polish bright metal surfaces. Clean exterior surfaces of all doors and frames. Dusting (Interior Elevator Surfaces): All vertical and horizontal surfaces shall be clean and free of dirt and dust. Damn Wiping: Damp wipe interior and exterior elevator surfaces using a multipurpose germicidal cleaner. All surfaces shall be clean and free of finger marks and smudges. Cleaning (Elevator floor track): Floor tracks shall be free and clean of dirt and grime, including miscellaneous debris. Bright Metal Polishing_ Bright metal surfaces shall have a polished and lustrous appearance. Vacuuming: Elevator carpets shall be free of dustballs, dirt and other debris Spot Clean Carpets: Carpets shall be kept free of any stains or spots 6. DRINKING FOUNTAINS A. Daily: 1) Clean drinking fountains using appropriate cleaning agents. Cleaning Drinking Fountains: The surfaces shall be clean and bright, and they shall be free of dust, spots, stains and streaks. Metal Polishing: Metal surfaces shall have a polished and lustrous appearance. 7. STORAGE SPACE/JANITORIAL ROOMS A. Monthly: 1) Sweep the full floor area: Thorough Sweeping: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in comers, under furniture, or behind doors. 8. ENTRANCE A. Every Two Months: 1) No less than six times a year, clean and shampoo entrance rugs as required to maintain quality standards. 12 Shampooing_ Entrance rugs shall be clean and free of dirt, grime, stains, and excessive buildup and crusted material. 9. EXTERIOR WINDOWS A. ANNUALLY: 1) The exterior windows of City Hall, Light & Power Building (first floor), Fire Station No. 2, and Petrelli Building shall be cleaned one (1) time annually on the following month: • June 10. MINI AND VERTICAL BLINDS A. ANNUALLY: 1) Remove from the building premises all mini and vertical blinds and wash. Blinds shall be returned and hung within 3 working days. Clean tapes and cords. Washing: Both sides of blind slats shall be clean and free of dust and water. 2) Dust or vacuum all blinds at a 6-month interval from washing cycle. Dusting: Both sides of blind slats shall be free of dust. 11. HIGH CLEANING A. Monthly: 1) Clean surfaces and objects in the building approximately 70 inches or more from the floor. This includes but is not limited to the wall and ceiling areas, ventilating and air conditioning outlets, transoms, clocks, ceiling moldings, tops of partitions, overhead pipes, wall fans, pictures, plaques, wall or ceiling diffusers, file cases, bookcases, lockers, etc. Damp wipe and dry high surfaces such as transoms, clock glass, picture frames and glass, smudged areas surrounding air grilles, diffusers, etc. Drapes shall be vacuumed in place. Hi Cleaning: leaning: Surfaces shall be clean and free of dust. Where glass is present, both sides shall be clean and free of streaks. 12. MISCELLANEOUS REQUIREMENTS 1) Lights shall be used only in areas where and at the time when work is actually being performed. 13 2) Mechanical equipment controls for heating, ventilation, and air-conditioning systems shall not be adjusted by the workers. 3) Water faucets or valves shall be turned off after the required usage has been accomplished. 4) Windows shall be closed and lights and fans turned off when not in use. 5) Organize and train employees to participate in building fire and civil defense drills. 6) Report fires, hazardous conditions, and items in need of repair to the contracting officer's representative. Modular and/or Systems Furniture and Upholstered Furniture A. Monthly: 1) Thoroughly vacuum to remove embedded dirt and dust. Thorough Vacuuming_ All modular systems and upholstered furniture shall be vacuumed completely to remove all dirt and dust. Spot Cleaning: Check and spot clean all modular desks and upholstered furniture with approved cleaner. All spot cleaning shall be done according to manufacture recommendations. 13. CARPET SHAMPOOING REQUIREMENTS A. Weekly: 1) During the week, check and spot clean corridors, lobbies, individual areas, conference rooms, and all other carpeted areas on the floors as needed. Spot clean as per manufacturer recommendation. B. Bi-Annually: 1) All Carpeted areas in the City Hall, Power Plant offices and Petrelli building will be shampooed following the manufacturer's recommended procedures. Carpet Shampooing_ All carpets shall be clean, free of spots, spillages and removable stains. There shall be no evidence of fuzzing caused by harsh rubbing or brushing. Note: Furnishings moved during carpet shampooing shall be replaced in their original position. 14 14. GENERAL REQUIREMENTS: 1) City staff shall not be required to inform contractor when to perform as needed maintenance/cleaning; the contractor is expected to anticipate the need and, if within the scope of the Agreement, perform the required services. A schedule for monthly and yearly cleaning activities will be provided by contractor for the City. 2) The contractor shall provide a call out list with regularly updated telephone numbers to handle emergency or unusual janitorial services. 3) The contractor shall provide a list of all employees and their supervisors who may work upon the City's premises. All of contractor's employees must successfully complete a background investigation by the Vernon Police Department, which includes a fingerprint Live -Scan process. The Live -Scan cost will be incurred by the contractor. 4) A periodic meeting to review service performance will be conducted at the request of the City. Attendees shall include the City's Public Works & Water Superintendent, a representative of the contractor, and City Foreman or his designee. 5) The following products will be supplied by the City of Vernon for janitorial use and dispensing: Urinal tabs, paper towels, toilet paper, seat covers, liquid hand soap, trash bags and sanitary napkins. All other products required to perform the janitorial service as outlined shall be supplied by the contractor. 6) Sign -in Requirement: A log sheet shall be provided by the City for each facility. All employees assigned by the contractor to work in each facility shall sign in at the beginning of the work shift and upon leaving that facility. 7) Supervision and Ins ep ction: It is mandatory that the contractor have a night-time supervisor on duty 7 days a week and that a pager be issued to him/her. The pager number must be given to the Building Maintenance Foreman or his designee on the effective date of the Agreement or before services under the Agreement are performed. 8) Securing of Buildings: During and after janitorial services are performed, the contractor's employees shall enter and leave only through specified locations. Contractor's personnel shall check to be sure all doors and windows are closed and locked, so that the area is left in a secure condition to protect against unauthorized entry. 15 9) Uniforms: The contractor shall provide appropriate work uniforms for all personnel. Uniforms shall be worn at all times while performing work in City facilities. Each employee shall have a picture identification nametag with company name pinned on front of uniform at all times. 10) General Work Provisions: 1) The contractor shall not work or perform any operation during regular business hours unless instructed by management. 2) The contractor shall be required to assign a designated English-speaking foreman as project manager. 3) The contractor shall provide an annual cleaning schedule outlining specific cleaning tasks to be performed. 4) Maintenance crews shall not use any office equipment i.e., phones, fax machines, copiers etc. 11) Reasonable Time Frames are defined as follows: 1) Emergency service notification must be responded to within two hours. 2) Areas impacted and affected by health and safety issues shall be barricaded to inform the public and City personnel of potential dangers in that area. 3) All other issues will receive written notification ("Punch List") giving two (2) working days for completion. If the deficiency is not corrected within the required two-day period, any item that has not been corrected may be completed by the City or by other contractual services and actual costs will be charged to the contractor without further notification. 12) General Conditions: 1) All damages that, in the City's opinion, are due to the contractor's operation shall be repaired at the contractor's expense. 2) The contractor agrees to perform all work in a manner as to meet all acceptable standards for safe practices during maintenance operations. 3) It shall be the contractor's responsibility to inspect and identify any practices and conditions that render any portion of the maintained areas unsafe. 16 4) If any person employed by the contractor or any subcontractor, fails or refuses to carry out the directions of City management or, in the City's opinion, is incompetent, disorderly, or uses threatening or abusive language to any person on the work site, that employee or subcontractor shall be discharged from the project immediately. 5) The contractor warrants that in the performance of this Agreement, it shall comply with all Federal, State and local laws and ordinances. The work hours for each area shall be as follows: 1) 2nd and 3rd Floors: Monday through Thursday 1730 — 0400 hours. 2) 1 st and Basement Floors (Monday through Sunday) and Petrelli Building: Monday through Friday 1730 — 0400 hours. 3) Petrelli: Monday through Friday 0830 - 1130 hours. FLOORING SURFACE AREA City Hall Basement: Carpet: 1,000 sq/ft. Ceramic Tile: 350 sq/ft. Vinyl Tile: Concrete: 3,600 sq/ft. 300 sq/ft. City Hall First Floor: Carpet: 5,500 sq/ft. Ceramic Tile: 2,100 sq/ft. Vinyl Tile: 1,600 sq/ft. Rubber Tile: 300 sq/ft. Concrete: 300 sq/ft. City Hall Second Floor: Carpet: 17,200 sq/ft. Ceramic Tile: 8,000 sq/ft. Vinyl Tile: 1,800 sq/ft. 17 Rubber Tile: 300 sq/ft. Concrete: 300 sq/ft. City Hall Third Floor: Carpet: 6,378 sq/ft. Ceramic Tile: 320 sq/ft. Vinyl Tile: 424 sq/ft. Rubber Tile: 589 sq/ft. Concrete: 165 sq/fft. Petrelli Building: Carpet: 1,808 sq/ft. Vinyl Tile: 1,250 sq/ft. Leonis Building: Carpet: 2,650 sq/ft. Vinyl Tile: 162 sq/ft. Light and Power: Vinyl Tile: 3,162 sq/ft. Public Works Building: Rubber Tile: 3,710 sq/ft. Ceramic Tile: 117 sq/ft. Concrete: 68 sq/ft. 18 VIII. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A Proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. IX. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this REP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the Community Services Department. 9 X. LIVING WAGE ORDINANCE The selected contractor shall pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Employers shall also provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. In addition, the employer shall not retaliate against employees complaining to the City with regard to consultant's compliance with the Living Wage Ordinance. Employees may bring action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. XI. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. XII. ATTACHMENTS 1. Attachment A: Sample Services Agreement 2. Attachment B: Proposed Bidding Schedule 3. Attachment C: City of Vernon Contractor RFP Scoring Sheet 20 Attachment A (Sample Agreement) SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE 21 [insert name of contractor] [insert name, title] [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Samuel Kevin Wilson, Director of Community Services and Water Telephone: (323) 583-8811 ext. 245. Facsimile: (323) 826-1435 [insert commencement date] [insert termination date], unless extended pursuant to Section 1 Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit B [insert number of years contractor must retain records] SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] THIS AGREEMENT is made and entered into as of ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor'). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain [brief description of services] services provided as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at,its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. 22 (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. 23 Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at anytime, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. 24 (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; ii. is or becomes generally known to the public without violation of this Agreement; iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor 25 shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. 26 (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (f) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (g) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (h) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (i) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. Q) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the 27 provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'% times the basic rate of pay. Living Wages. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Licenses and Permits. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City permits required under this Agreement will be waived. All 28 requirements for obtaining permits (including City permits) remain in effect and are not waived; only the costs of City permits are waived. Section 25. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 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 pursuant to the public works contractor the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 26. Assignment and Subcontracting. Contractor shall not assignor attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 27. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 28. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 29. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 30. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 31. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a 29 breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 32. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 33. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 34. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information —Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 35. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 36. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 37. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 38. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 39. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 30 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and [CONTRACTOR'S NAME, a [State California municipal corporation incorporated in] corporation 13 Mayor / Mayor Pro-Tem ATTEST: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney By: Name: Title: By: Name: Title: 31 EXHIBIT A SCOPE OF SERVICES 32 EXHIBIT B FEES [Example (Delete and replace actual terms)] [Contractor shall be paid $[insert flat amount] to perform all Services described in Exhibit A.] [Contractor shall invoice City [FREQUENCY] for Services provided under this Agreement.] [Example (Delete and replace with actual terms)] [Invoices shall include the period for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets and other supporting documents as City may require.] [Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in dispute shall be withheld until resolution.] 33 EXHIBIT C CHANGE ORDER 34 EXHIBIT C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount(Base Bid ............................................... $ Amount of This Change Order I ............................................. $ Amount of Previous Ch a Orders I ......................................... $ Total Change Orders I ..................................................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shovm above. Accepted Date: Contractor: By: Title: c: Project Nile/Contractor/Purchasing 35 Rev. 03/10 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 36 Attachment B PROPOSED BIDDING SCHEDULE CITY OF VERNON CITY HALL AND RELATED FACILITIES FACILITY AREA IN SQUARE FEET MONTHLY COST City Hall Basement 5,250 $ City Hall First Floor 9,800 $ City Hall Second Floor 27,600 $ City Hall Third Floor 7,876 $ Petrelli Building 3,058 $ Light and Power 3,162 $ Public Works Building 3,895 $ TOTAL COST PER MONTH Leonis Building (Optional Item) 2,812 $ TOTAL COST PER MONTH WITH OPTIONAL ITEM $ Submitted by: Address: Signature: 37 MISCELLANEOUS JANITORIAL SERVICES (Not Additional Cost Items) The following items shall be deducted from the base bid in the event the City determines, in its sole opinion, that the below scheduled maintenance events are not necessary. Modifications in Scope of Services must be authorized by City of Vernon prior to the commencement of work 1) FLOORING: Strip and apply four (4) coats of floor finish to flooring. • ITEM 1: Ceramic Tile: • ITEM 2: Vinyl Tile: • ITEM 3: Rubber Tile: Cost Per Quarter Per Square Foot: Cost Per Quarter Per Square Foot: Cost Per Quarter Per Square Foot: 2) ENTRANCE AND ELEVATOR RUGS • ITEM 1: Clean and shampoo entrance and elevator rugs as required to maintain quality standards. This task shall be performed not less than six times a year. Cost Bi-Monthly: 3) WINDOWS AND GLASS • ITEM 1: Exterior Glass: Wash all exterior -building windows leaving no visible streaking. Cost Annually: • ITEM 2: Interior Glass: Wash all interior -building windows leaving no visible streaking. Cost Annually: 38 4) MINI AND VERTICLE BLINDS • ITEM 1: Remove from the building premises all mini and vertical blinds and wash. Blinds shall be returned and hung within 3 working days. Clean tapes and cords. Cost Annually: ITEM 2: (Bi-Annually) Dust or vacuum all blinds at a bi-annual interval from washing cycle. Both sides of blind slats shall be free of dust. Cost Bi-Annually: 5) CARPET SHAMPOOING REQUIREMENTS (Bi-Annually) • ITEM 1: All carpeted areas in the City Hall, Power Plant offices and Petrelli building shall be shampooed as per, the manufacturers recommended procedures. Cost Bi-Annually: 39 Attachment C City of Vernon Contractor RFP Scoring Sheet RFP Title: Contractor: Evaluator: Date: 1. Costs Selection Criteria Criteria Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. Maximum Score Score 65 2. References 10 Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of ' experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 40 4. Work Plan 15 Score will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 41 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 5, 2012 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-47 — A Resolutio )of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Janitorial Services Transmitted herewith is a copy of Resolution No. 2012-47 referenced above, which was approved by City Council on April 3, 2012. Thank you. WY:dj Attachment c: Scott Rigg Resolution No. 2012-47 DATE: March 21, 2012 l \� TO: Honorable Mayor and City Council \ `'a FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Permission to Seek Request for Proposals for Janitorial Services The Community Services and Water Department (Department) is requesting permission to seek Request for Proposals (RFP) from qualified contractors to provide Janitorial Services for City Hall, Public Works Building, Light & Power and Petrelli Building. The City currently has a contract with Santa Fe Building Maintenance to perform this function. In light of changing economic conditions it would be in the best interest of the City to seek RFP's for this work. The attached RFP for Janitorial Services has been reviewed and approved to form by the City Attorney's office. It is my recommendation that the City Council grant the Department permission to issue RFP's to qualified contractors for Janitorial Services at the April 3, 2012 City Council meeting. Thank you. SKW/sr Enclosures RECEIVED oF�E MAR 2 6 2012 CITY CLERK'S ME COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services and Water W DATE: March 21, 2012 SUBJECT: Permission to Seek Request for Proposals for Janitorial Services The Department of Community Services and Water ODepartment) has prepared a Request for Proposal (RFP) to seek bids from qualified janitorial firms to facilitate the cleaning of City facilities. The Department has determined that is should seek RFP's in order to ascertain current market rates. The attached RFP for Janitorial Services has been reviewed and approved to form by the City Attorney's office. A Staff Report is herein attached recommending that the City Council grant approval to issue RFP's to qualified contractors to perform Janitorial Services at the April 3, 2012 City Council meeting. Thank you. SKW/sr Enclosures F14mn\ Mm y DaannenW.a.W Swwffim F. Rmwrel]AIYN13 t lmd.,W Cdy Adnwial.a M12d. CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: March.21, 2012 TO: Kevin Wilson, Director of Community Services and Water FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Draft Request for Proposal - Janitorial Services I have received and reviewed your Memorandum dated March 20, 2012, and the attachments thereto. Please see the marked up changes to pages 21 (cover page of sample agreement), 27 (Section 18(e) of sample agreement) and 34 (Exhibit B to the sample agreement. Otherwise the drafted Request for Proposals is approved as to form. WY:em I )-9(CWVM� MAR 2 0 2012 �UUJJ CITY ATTORNEY OEP T COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Willard Yamaguchi, Interim City Attorney FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: March 20, 2012 n // SUBJECT: Draft Request for Proposal - Janitorial Services The Department of Community Services and Water (Department) has prepared a draft Request for Proposal (RFP) to seek bids from qualified janitorial firms to facilitate the cleaning of City facilities. The Department has determined that is should seek RFP's in order to ascertain current market rates. Attached you will find the draft RFP for Janitorial Services. Please review the subject RFP as to form and advise me if it meets with your approval. Thank you. SKW/sr Enclosures FlSm\S=Wy Doav,.&Jainmd Savk.\Ss Fep..1201 L2013" lakmW Yarteguehi.doe