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HomeMy WebLinkAboutItem No. 05 Amend. No.3 Ext of Agrmnt with Evergreen Cleaning Solution for Citywide Janitorial SvsText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-242 Agenda Date: 6/27/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 6/22/2017 REPORT TO CITY COUNCIL TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL PREPARED BY: CATHERINE EAKINS – ADMINISTRATIVE ASSISTANT FROM:GRANT M. YATES - CITY MANAGER DATE:June 27, 2017 SUBJECT: Amendment No. 3 to the Agreement with Evergreen Cleaning Solution for Citywide Janitorial Services Recommendations Approve and authorize the City Manager to execute Amendment No. 3 that extends the term of the agreement an additional 12 months for Janitorial Service in FY 2017/2018. Compensation schedule to remain unchanged. Background Evergreen Cleaning Solutions performs janitorial services for all City-owned and leased buildings, facilities, and parks restrooms. The City entered in to contract with Evergreen Cleaning Solutions August 25, 2015 for Janitorial Services. The Amendment #1 and #2 amended the contract to extend the term of the agreement, modify the scope to increase the number of services days, and include the new concession building and restrooms at Rosetta Sports Park. Compensation increased to $94,619. Discussion Evergreen Cleaning Solution has been responsive to the City’s need, and has executed their services to a satisfactory standard. We would now like to extend the term of the agreement to cover Fiscal Year 2017-2018. Fiscal Impact The funds are available in the Public Works FY 17/18 budget to cover the cost for the additional 12-month service. EXHIBITS: Exhibit A – Amendment No. 3 Exhibit B – Amendment No. 2 Exhibit C - Amendment No. 1 Exhibit D – Original Agreement Page 1 AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTOR SERVICES Evergreen Cleaning Solutions Janitorial Services This Amendment No. 3 to Agreement for Contractor Services (“Amendment No. 3”) is made and entered into as of June 27, 2017, by and between the City of Lake Elsinore, a municipal corporation (“City), and Evergreen Cleaning Solutions (“Contractor”). RECITALS A.The City and Contractor have entered into that certain Agreement for Contractor Services as of August 25, 2015 (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B.The Original Agreement provided for compensation to Contractor in an amount not to exceed $66,540 for Fiscal Year 2015/2016. The term of the Original Agreement was for ten (10) months and allows the City to extend the term on a 12-month basis, not to exceed three (3) additional 12 month renewals. C.Amendment No.1 dated July 1, 2016, extended the term of the contract an additional twelve (12) months, and increase the compensation for such services to $73,194 for Fiscal Year 2016/2017. D.Amendment No. 2 modified the scope of service and increased the compensation for such services to $94,619 for Fiscal Year 2016/2017. E.The parties now desire to extend the term of the agreement for such services as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1.Section 2, subpart C, Term, is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Agreement, pursuant to Amendment No. 3, the Agreement shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2017 and ending on June 30, 2018. 2.Section 3,Compensation,is hereby amended to add the following: In no event shall Contractor's compensation exceed Ninety Four Thousand Six Hundred Nineteen Dollars ($94,619) for Fiscal Year 2017/2018 without additional written authorization from the City. 3.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. Amendment No. 3 Evergreen Cleaning Solution 6/27/2017 Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” EVERGREEN CLEANING SOLUTIONS Fabrice Vuillemey, President Date: Attachments: Amendment No. 1 dated July 1, 2016 Original Agreement dated August 25, 2015 AMENDMENT NO. 1 [ATTACHED] ORIGINAL AGREEMENT [ATTACHED] AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES Evergreen Cleaning Solutions Janitorial Services This Amendment No. 2 to Agreement for Contractor Services ("Amendment No. 2") is made and entered into as of March 28,2017, by and between the City of Lake Elsinore, a municipal corporation ("City), and Evergreen Cleaning Solutions, a corporation Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services as of August 25, 2015 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed $66,540 for Fiscal Year 201512016. The term of the Original Agreement was for ten (10) months and allows the City to extend the term on a 12-month basis, not to exceed three (3) additional 12 month renewals. C. Amendment No.l dated July 1, 2016, extended the term of the contract an additional twelve ( 12) months, and increase the compensation for such services to $73,194 for Fiscal Yeat 201612017. D. The parties now desire to modify the scope of services and increase the payment for such services as set forth in this Amendment No 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: I . Section 'l , Scope of Services. of the Original Agreement is hereby amended to add the following: Contractor shall perform the services and related work described in Contractor's Revised Scope of Work (Exhibit A1) attached to Amendment No.2, in addition to Contractor's Proposal (Exhibit A) in the Original Agreement. Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Scope of Work (Exhibit A1), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit B). Amendment No. 2 - Evergreen Cleaning Solutions Page 2 Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contracto/s Proposal (Exhibit B). ln no event shall Conbaclo/s compensation related to Contrac{o/s Proposal, Exhibit B exceed Ninety-Four Thousand Six Hundred Nineteen Dollars ($94,619) Fiscal Year 2016-2017 without additional written authorization ftom the City. Notwithstanding any provision of Contrador's Proposal to the contrary, out of pocket expenses s€t fodl in Exhibit A shall be rBimburssd at cost without an inflalor or adminisfative charg€. Payment by City under lhis Agreement shall nol be deemed a waiver of defecis, 6von if such defecb were known to the City at the time of payment. 3. Except for the changos specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and efiect. lN WITNESS WHEREOF, the parties have caused this Amondment No. 2 to be execulod on the respective dates set furth below. clTr CIryOF LAKE ELSINORE, a municipal corporetion Am6rdn€rll tlo. 2 Everyre€n Clesning Solutqr 28n017 CONTRACTOR' EVERGREEN CLEANING SOLUTION Date:o4-- to- t7 City Attorney JAN ITORIAL SERVICES CONTRACT COSTS REEN CLEANING SOLUTIONS COST INCREASE FOR ADDITONA v\oRK FY 16/17 Hills Community Park, 34360 Canyon Hills Rd Park, 243 S N4ain St Patk,42o E. Lakeshore Dr. Hllls Park, 30 SumnErhill Dr. Park, 419 N. Poe St. Park, 29355 Grand A\e lvlatich Park,4O2 Linited St. Boat Launch, 500 W. Lakeshore Dr. Flall, 130 S. llain Street Flall Engineering Trailer, 130 S. tvbin Street Yard tvlain Office, 521 N. Langstaff St. Yard l\Iechanic Shop, 521 N. LangsEff St. Yard Office Tailer, 521 N. Langstaff St. Center, 183 N. Main St Lake Community Center, 310 W. Graham Tots, 400 W. Graham St of ComnErce, 132W. Graham Senior Center, 420 E. Lakeshore Dr. Senior Center Annex Building, 4204 E. Lakeshore Dr. Current FY 2016/7 Annual Contract Amendment No.2 Revised FY 201617 Annual Contract FY 2OL7l20t8 SCHEDULE / MONTHLY COST EXHIBIT A PROPOSAL BID SCHEDULE CONTRACTOR: -Evergrcen Cleaning Solutions Base Bld: ftrree (3) days perweek of all Facillty Buildinga. All Park restrooms to be serviced Friday through Sunday and all holidays. 1{OTE: The Propoeal shrll lnctude, but not be limitpd to, sales tax and all other appllcable taxes and faee. IUONTHLY COST DAYS TO BECLEANEDSITE City Hal! 130 S. Main $t e45.00 lf,onday, WednesdaY, Friday Glty Hall Englneering Traller 130 S. illaln St 140.00 Honday, Wednesdan Friday Clty Yard ilaln Office 52{ N. Lengstaff St 220.00 ilonday, WednesdaY, Friday Glty Yard tlechanlc ShoP 52t N. LangstafiSt. 180.00 Monday, Wedneeday, Friday City Yard Ofllce Traller 521 N. LangstaffSt 140.00 lllonday, WednesdaY, FridaY Senior Center 420 Eact Lakcshorc Dr. 525.00 Monday, WedneadaY, Friday Senior Center Annex Buildlng 420A Eaet Lakeshore [rr. 140.00 tlonday, WednesdaY, Friday Culturel Center 183 North Main Street 490.00 Monday, Wedneeday, Friday Lake Communlty CenGr 310W. Graham St. s825.00 Monday, WedneedaY, Friday TIny Tote O0W. Graham St. 225.00 Monday, YlfednesdaY, Friday Chamber of Commerce 132 W. Graham St 200.00 Monday, WednesdaY, Friday Alberhlll CornmunltY Park 2920A Lake 8t. 95.00 Friday, SahrrdaY, SundaY and all Holidaye Canyon Hllls CommunitY Park 34360 Canyon Hillg Rd. e5.00 Friday, SattrdaY, SundaY and all HolidaYs City Park 2/A S. Maln St 95.00 Friday, Saturday, SunclaY and all HolldaYs t. 2. 3. t) 1. 5. 6. 7. 8. 9. 10. 11- 12. 3. 14. PROPOSAL SCHEDULE (Gontinuedl CONTRACTOR: Evergrcen Clcaning Solutionr SITE ADDRESS TO}ITHLY COST DAYS TO BE CLEANED 17. l8. 19. 21, 22. 25. 26. TIONTHLY COST PROPOSAL TOTAL Total Amount of Baae Bid Proposal ln i{UiIBERS: $5,341i.00 Total Amount of Base Bid Proposal in WORDS: Five Thousand Five Hundrcd forty Five Dotlars PROPOSAL SCHEDULE CONTRACTOR: Evergreen Gleaning Solu0ons 05.00 Frlday, Saturday, Sunday and ellHolidays3200LoetRoad Lakepolnt Park 020 E. Lakeshorc Dr. se5.00 Frlday, Satulday, SundaY and all Holidays Machado Psrk 15{50 Joy St. se5.00 Friday, Saturday, Sunday and all Holidayo McVlcker Canyon Community Prrk 29355 Grend Avc. f/O.00 Frlday, Seturday, Sunday and ell Holideys Roeetta Ganyon Community Park 39{23 Adanwood Wy. 9o.oo Frlday, Saturday, Sunday and all Holidays Summcrfilll Per* 316{3 Canyon Estabs Dr. e5.00 Friday, Satuday, Sunday and rll Holldays Summerlake PerI 900 W. Broa&vay s5.00 Frlday, Saturday, Sunday and all l.lolldays Swlck and tladch Part fi2 Limited St 1'10.00 Friday, Saturday, Sunday and all Holidaya Tuscany Hllls Park 30 Summerhill Dr. s5.00 Friday, Satrrday, SundaY and all Holidays Yarborough Park 419 N. Poe St 95.00 Friday, Saturday, Sunday and all Holidays La Laguna Resort 32040 Rivercide Dr. 95.00 Friday, Saturday, Sunday and all Holidays Seaport Boat Launch 500 W. Lakeshore Dr. 95.00 Friday, Saturday, SundaY and all Holldays r:) Alternate Bid: Five (5) dayrs perweek of Facillty Bulldings. Seven (7) days per week of all Park rcatrooms. NOTE: The Propocal chatl include, but not be llmlbd to, tales trx and all other appllcabte taxes and fees. DAYS TO BE SITE ADDRESS TIOIiITHLYCOST CLEANED 33. 34. 35. 27. 28. 29. 30. 31. 37. 38. 39. 41. 42. City Hall r30 S. tain St $1,350.00 _ ilonday:fnCry__ City Hatl Engineering Trailer 30 8. Main St 200.00 Monday - Frlday CiUYatd Haln Ofllce 521 N. Langrtalf St. 03't0.00 Monday - Frlday Clty Yad illechanlc Shop 521 N. LangrtafrSt 250.00 Monday - Friday City Yard Offlce Traller 52{ N. LangstaffSt 200.00 Monday - Friday Senior Centcr 12oE. Laksrhop Dr. 750.00 illonday - Fridey Senlor Center Annex 4.2OAE- Lakerhore Dr. 200.00 Monday - Friday CulturalCenEr 83 N. Main St 700.00 iionday - Frlday Lake Community Cenbr 3t0 W. Graham St 175.00 illonday - Friday Tlny Tots 400 W. Graham St 320.00 i[onday -Ffiday Ghamberof Gommerce 132 W. Greham St 0280.00 Monday - Friday Alberhill CommunitY Park 28200 Lake St. 135.00 Monday - Sunday, and all HolidaYs @ il60 Canyon Hills Rd. 35.00 Monday - SundaY, and all Holldays City Park 2'li! S. illain St 35.00 Monday - SundaY, and allHolldaYe Greekside Parfi 3200 Lost Road 135.00 Monday - Sunday, and all Holldays Lakepolnt Park 420E. Lakeshore Dr. 135.00 londay - Sunday, and all HolidaYs illachado Park 15150 Joy St 135.00 tonday - Sunday, 119:rllg9:t: i) u. 45. 46. 47. 48. 49. 50. 51. 52. HONTHLY COST PROPOSAL TOTAL Totrl Amount of Alternatlve Bid Proposal ln NUIiBERS: 7,E9o.oo Total Amount of Alternetive Bld Proposal in WORDS: Seven Thoucand Elght Hundrcd ninety Dollerc MONTHLY COST PROPOSAL TOTAL Total Amount of Base Bid in NUMBERS: $5.545.00 Total Amount of Base Bid in WORDS: Five Thousand Five Hundred Fortv Five Dollals- TotelA,loqnt of Altematg-Bid in NUMBERS: 7.8s0.00 Total Amount of Alternate Bid jn WORDS: Seven Thougand Eiqht Hundred ninetv Dollars. ilcVlcker Canyon GommunltY Parlt 29355 Grend Ave. 200.00 londay - Sunday, nd all Holidays Rooetta Ganyon GommunltY Park 39423 Ardenwood Wy. 135.00 Monday - SundaY, end all Holidaya Summcrhlll Perk 3'1613 Crnyon Ettater Dr. 13s.00 Monday - Sunday, and allHolldays Summertake Park 900 W. Broadway 135.00 Monday - Sunday, and all tlolldaYs Swlck and Mathh Park 402 Llmited St. 200.00 llonday - SundaY, and all Holldays Tuscany Hllls Park 30 Summcrhill Dr. 135.00 Honday - SundaY, end all Holidays Yarborough Park 419 N. Poe St 13s.00 Monday - Sunday, and all HolldaYs La Laguna Resort 320fi Rlvecldc Dr. 35.00 Honday - Sunday, and all Holldays Seaport Boat Launch 500 W. Lakechore Or. 135.00 Monday - Sunday, and all Holidays 61, 62- ONCALL SERVICES EXTRA SERVICES SERVICE UNIT COST Chair cleaning Per Chair $9.00 Power wash concrete approach/sidewalk in accordance wtth all larrs & regulations Per Sq Ft s0.10 Powerwash exterior building walls in accordance with all laws & regulations Per Sq Ft $0.10 Transfer recycled material from container ranging from 20-50 gallons) in building to bin in oarkino lot Per Container $2.00 Clean exterior and interior of commercial oven Per Unit $75.00 Clean exterior and interior of reskJential refrioeratorlfreezer combination unit Per Unit $40.00 Clean exterior and interior of commercial Per Unit $50.00 63. a4. 65. 66. 67. NOTES: 1. On-call and/or extra services is not guaranted. Z. Wo* to be performed either as-needed on-catl and/or extra services shall be performed only by wriften work order authorization from the C_lty. A.*ot! auhorization ielineating sc6pe, schedule, and fee shall be provided by the City to the Contractor prior to the commencement of any on-call andlor exlra services. il SERVICE UNIT COST Wash and polish light fixtures, lamps, and reflectors Per Fixture $6.00 Machine carpet cleaning, otherthan scheduled reouirement Per Sq. Ft $0.17 Special Event Cleaning of one Meeting Ropm at Lake Communitv Center Per Event $50.00 Special Event Gleaning of the Kitchen at Lake Community Center Per Event $75.00 Special Event Cleaning at Senior Center Per Event $75.00 Labor for On-Call SeMccs (Day) 8a.m.-5p.m. Per Hour $25.00 Labor for On-Call Services (Evening/Night) 5 p.m.-8 a.m. Per Hour $35.00 Labor for On-Call Servie Holidarrs Per Hour $50.00 I I 1 lYi.o^lll[_ rj]t.:i'tlfiTl: hordei is an rs waffis;;;q"", * lhe terms and cofidi(tolrs of the Dnilcy, ceftarn policiss ilry requrre an endorsamont A surtefinnt on this certitict!",r""t*i i"rL. ,,ni-" iri*c€niticafe holdcr ,n lrou oi Such cndcrssmentls!. l< {'>It t }CERTIFICATE OF LIABILITY INSURANCE ll-l-.- -.--. r"'.- ,nt-. n:-::. -- GERTIflCATEDOESNt-'r![:F:ii:r,rA::t,::qi_-F\Ef:5:rr,i_,,ritEf.ri ar;ENDoRALTERTI{ECOVERAGEAFFOROEDByTHEPOLICIES BELOW. TtflSCEillFrCl'E Cr !!S.,,1A)iCE r-ro!:S {C, C,rN.(i1,irr:i 5 COTTITRACTBETWEENTHETSSUTNG[*SURER($],AUTHORZED RIpRqSF-nI..!:1rE , i? ;rR;ilJ; :.:iA ANi] ".ri ,ifilltitli:: !.1*^,;:a Steven P Hagar lnsurance Services 11891 Kalmia St Suite B Murrieta, CA 92562 License #: 0700596 E N VIRO N i, E N TA L C LEA N I N G SoLU No N s a s e ni,S8E$. ft{c. DBA EVERGREEN CLEANING SOLUTIONS lis.ii'i. 23ggs 60RiNTH DR. :ts'i:':' Murrieta, CA 9256? X 98,1957_\46 lJ8l$h1r i 116,O5i20 I t, 06i 05/10 I 7 X i-tuai:a{ * a':eA ira et ; -CaAiOiS I VEit€:-€S iAaOflC l at A.r@i q.nr[r ab.& rv b )rE:.:rE I rrE *.c? s n5r ildt Ten i10) days notlce of cancellation for non-paymenr only Ctty of lake Elsrncre tts elected cr Bppoinled officers employees, agents and yolunteers are namad ss adclruonal iilsurad. City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 lne ACCRD nsme ano roglo are regrstorcd marks oi ACORR i'i- . - _- Jl I ol1rl{ 2()16 r)? l)l{ l(}t'200-000 50.u)0 t00.000 Ij I Ltllltl.(lor, II I I I I CANCELLAi.ON BUSINESS LICENSE This busiress licmse is issued for revere purposes only and d@s not grant adh;ization CITY OF LAKE ELSINORE Ad mi n istrative Servrbes - Licen sing to operate a,,business. This business license is issued without lerificalion that the hokltr is ,: ,l30 SOUth Main Stfeet, Lake ElSinOfe, CA 92530 subjad to or'Exempted from licensing by the state, county, fedeml government, or any PH (951) 674-3124 Business Name: Business Location: 23885 CORINTH DR Business Type: Description:Owner Name{s}: FABRICE VULLEMEY lssue Date: fif 1t2016 Expiration Date: 9t3Ol2O17 23885 CORINTH DR ,,,, MURR I ETA. CA 92562-21 25 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES Evergreen Cleaning Solutions Janitorial Services This Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1") is made and entered into as of July 1, 2016 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Evergreen Cleaning Solutions, a corporation ( "Contractor'). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services as of August 25, 2015 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed $66,540 for Fiscal Year 2015/2016. C. The term of the Original Agreement was for ten (10) months and allows the City to extend the term on a 12 -month basis, not to exceed three (3) additional 12 month renewals. D. The parties now desire to extend the term and increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: the following: Section 2, subpart C, Term, of the Original Agreement is hereby amended to add Unless earlier terminated as provided elsewhere in the Agreement, pursuant to Amendment No. 1 the Agreement shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2016 and ending on June 30, 2017. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement). In no event shall Contractor's compensation related to Contractor's Proposal, Exhibit A exceed Sixty-Six Thousand Five Hundred Forty Dollars ($66,540) for Fiscal Year 2015 -2016 without additional written authorization from the City. FY 2016 -17 Amendment No 1 Janitorial Services DM docx Page 1 Exhibit A1 In no event shall Contractor's compensation related to Contractor's Proposal, Exhibit A exceed Seventy -Three Thousand One Hundred Ninty -Four Dollars ($73,194) Fiscal Year 2016 -2017 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. CITY" CITY OF LAKE ELSINORE, a municipal corporation _ anager Dace: a-&',! ATTE A Attachments: Original Agreement CONTRACTOR" EVERGREEN CLEANING SOLUTION Fabrrice V FY 2016-17 Amendment No. 1 JanibxW Servk= . y,.x Page 2 s y ORIGINAL AGREEMENT ATTACHED] AGREEMENT FOR CONTRACTOR SERVICES Evergreen Cleaning Solutions Janitorial Services This Agreement for Contractor Services (the "Agreement ") is made and entered into as of August 25, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Evergreen Cleaning Solutions, a corporation ( "Contractor "). RECITALS A. The City has determined that it requires the following services: cleaning services at City -owned buildings, park restrooms, and lake facilities. B. Contractor has submitted to City a proposal, dated February 8, 2015, attached hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager Evergreen Cleaning FY 16 Janitorial Contract Page 1 C. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect, commencing on August 26, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed SIXTY SIX THOUSAND FIVE HUNDRED FORTY dollars ($66,540) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Pavment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten 10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including Page 2 any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three 3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. Page 3 d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform ail services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with Page 4 applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Covera e. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change, The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Page 5 Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability-Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: I. The City, Its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Page 6 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Evergreen Cleaning Solutions Attn: Mr. Fabrice Vuillemey, President 23885 Corinth Drive Murrieta, CA 92562 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be Fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully Page 7 responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severabilit . If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Liti ation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to maize a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. 26. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Page 8 27. Egual OpportunLtyOpportunity Em to meat. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 28. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY" CITY OF LAKE ELSINORE, a municipal corporation Manager ATTEST: r A Cit ttorney Attachments: Exhibit A — Contractor's Proposal Exhibit B — List of Subcontractors CONTRACTOR" Evergreen Cleaning Solutions, a corporation By: Fabrice Vuillemey Its: President Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL ATTACHED] EXHIBIT A EXHIBIT A PROPOSAL BID SCHEDULE CONTRACTOR: _Evergreen Cleaning Solutions Base Bid: Three (3) days per week of all Facility Buildings. All Park restrooms to be serviced Friday through Sunday and all holidays. NOTE: The Proposal shall include, but not be limited to, sales tax and all other applicable taxes and fees. QITC ennoeec III MIT411 V r_nCT nAYS TA BF CLEANED 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. City Hall 945.00 Monday, Wednesday, 130 S. Main St. Friday City Hall Engineering Trailer 140.00 Monday, Wednesday, 130 S. Main St Friday City Yard Main Office 220.00 Monday, Wednesday, 521 N. Langstaff St, Friday City Yard Mechanic Shop 180.00 Monday, Wednesday, 521 N. Langstaff St. Frida City Yard Office Trailer 140.00 Monday, Wednesday, 521 N. Langstaff St. Friday Senior Center 525.00 Monday, Wednesday, 420 East Lakeshore Dr. Friday Senior Center Annex 140.00 Monday, Wednesday, Building Friday 420A East Lakeshore Dr. Cultural Center 490.00 Monday, Wednesday, 183 North Main Street Friday Lake Community Center 825.00 Monday, Wednesday, 310 W. Graham St. Friday Tiny Tots 225.00 Monday, Wednesday, 400 W. Graham St. Friday Chamber of Commerce 200.00 Monday, Wednesday, 132 W. Graham St Friday Alberhill Community Park 95.00 Friday, Saturday, Sunday 28200 Lake St. and all Holidays_ Canyon Hills Community 95.00 Friday, Saturday, Sunday Park and all Holidays 34360 Canyon Hills Rd. 95.00 Friday, Saturday, Sunday and all Holidays City Park 243 S. Main St. PROPOSAL SCHEDULE (Continued) f j CONTRACTOR: Evergreen Cleaning Solutions 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. CITE AnnRFCS MONTHLY COST DAYS TO BE CLEANED Creekside Park 95.00 Friday, Saturday, Sunday 3200 Lost Road and all Holidays Lakepoint Park 95.00 Friday, Saturday, Sunday 420 E. Lakeshore Dr. and all Holidays Machado Park T 95.00 Friday, Saturday, Sunday 15150 Joy St. and all Holidays McVicker Canyon 140.00 Friday, Saturday, Sunday Community Park and all Holidays 29355 Grand Ave. Rosetta Canyon Community 95.00 Friday, Saturday, Sunday Park and all Holidays 39423 Ardenwood Wy. Summerhill Park 95.00 Friday, Saturday, Sunday 31613 Canyon Estates Dr. and all Holidays Summerlake Park 95.00 Friday, Saturday, Sunday 900 W. Broadway and all Holidays Swick and Matich Park 140.00 Friday, Saturday, Sunday 402 Limited St. and all Holidays Tuscany Hills Park 95.00 Friday, Saturday, Sunday 30 Summerhill Dr. and all Holidays Friday, 'S- a-t16ir-d-ay, SundayYarboroughPark95.00 419 N. Poe St. and all Holidays La Laguna Resort 95.00 Friday, Saturday, Sunday 32040 Riverside Dr. and all Holidays Seaport Boat Launch 95.00 Friday, Saturday, Sunday 500 W. Lakeshore Dr. and all Holidays MONTHLY COST PROPOSAL TOTAL Total Amount of Base Bid Proposal in NUMBERS: $5,545.00 Total Amount of Base Bid Proposal in WORDS: Five Thousand Five Hundred forty Five Dollars PROPOSAL SCHEDULE CONTRACTOR: Evergreen Cleaning Solutions j Alternate Bid: Five (5) days per week of Facility Buildings. Seven (7) days per week of all Park restrooms. i NOTE: The Proposal shall include, but not be limited to, sales tax and all other applicable taxes and fees. DAYS TO BE ciYS: ennRmcc MONTHLY COST CLEANED 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. l) City Hall 130 S. Main St. 1,350.00 Monday - Friday Monday - FridayCityHallEngineeringTrailer200.00 130 S. Main St City Yard Main Office 310.00 Monday - Friday 521 N. Langstaff St. City Yard Mechanic Shop 250.00 Monday - Friday 521 N. Langstaff St. City Yard Office Trailer 200.00 Monday - Friday 521 N. Langstaff St Senior Center 750.00 Monday - Friday 420 E. Lakeshore Dr. Senior Center Annex 200.00 Monday - Friday 420A E. Lakeshore Dr. Cultural Center 700.00 Monday - Friday 183 N. Main St Lake Community Center 1,175.00 Monday - Friday 310 W. Graham St Tiny Tots 320.00 Monday - Friday 400 W. Graham St. Chamber of Commerce 280.00 Monday - Friday 132 W. Graham St. Alberhill Community Park 135.00 Monday - Sunday, 28200 Lake St. and all Holidays Canyon Hills Community Park 135.00 Monday - Sunday, 34360 Canyon Hills Rd. and all Holidays City Park -'- 135.00 Monday - Sunday, 243 S. Main St and all Holidays Creekside Park 135.00 Monday - Sunday, 3200 Lost Road and all Holidays Lakepoint Park 135.00 Monday - Sunday, 420 E. Lakeshore Dr. and all Holidays Machado Park 135.00 Monday - Sunday, 15150 Joy St and all Holidays 44. 45. 46. 47. 48. 49. 50. 51. 52. McVicker Canyon Community Park 200.00 Monday — Sunday, 29355 Grand Ave. and all Holidays Monday — Sunday, Rosetta Canyon Community Park 135.00 39423 Ardenwood Wy. and all Holidays Summerhill Park 135.00 Monday — Sunday, 31613 Canyon Estates Dr. and all Holidays Summerlake Park 135.00 Monday — Sunday, 900 W. Broadway and all Holidays Swick and Matk:h Park 200.00 Monday — Sunday, 402 Limited St. and all Holidays Tuscany Hills Park 135.00 Monday — Sunday, 30 Summerhill Dr. and all Holidays _ Yarborough Park 135.00 Monday — Sunday, 419 N. Poe St and all Holidays La Laguna Resort 135.00 Monday — Sunday, 32040 Riverside Dr. and all Holidays Seaport Boat Launch 135.00 Monday — Sunday, 500 W. Lakeshore Dr. and all Holidays MONTHLY COST PROPOSAL TOTAL l 11 Total Amount of Alternative Bid Proposal in NUMBERS: 7,890.00 Total Amount of Alternative Bid Proposal in WORDS: Seven Thousand Eight Hundred ninety Dollars MONTHLY COST PROPOSAL TOTAL Total Amount of Base Bid in NUMBERS; $5.545.00 Total Amount of Base Bid in WORDS: Five Thousand Five Hundred Forty Five Dollars. Total Amount of Alternate Bid in NUMBERS: 7,890.00 Total Amount of Alternate Bid in WORDS: Seven Thousand Eight Hundred nine Dollars. 1 ON-C, 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. kLL SERVICES UNIT COST SERVICE T UNIT_ COST Wash and polish light fixtures, lamps, and Per Fixture 6.00 reflectors 0.17Machinecarpetcleaning, other than scheduled Per Sq. Ft requirement Special Event Cleaning of one Meeting Room at Per Event 50.00 Lake Community Center Per EventSpecialEventCleaningoftheKitchenatLake 75.00 Community_ Center Clean exterior and interior of commercial_ oven Per Unit Special Event Cleaning at Senior Center Per Event 75.00 Labor for On -Call Services (Day) Per Hour 25.00 8 a.m. - 5 p.m. Clean exterior and interior of commercial Per Unit Labor for On -Call Services (Evening /Night) Per Hour 35.00 5 p.m. - 8 a.m. Labor for On -Call Services Per Hour 50.00 Holidays FYTRA CFQVI[_FS SERVICE UNIT COST Chair cleaning Per Chair 9.00 Power wash concrete approach /sidewalk in Per Sq Ft 0.10 accordance with all laws & regulations Power wash exterior building walls in Per Sq Ft 0.10 accordance with all laws & regulations Transfer recycled material from container Per Container 2.00 ranging from 20 -50 gallons) in building to bin in parking lot Clean exterior and interior of commercial_ oven Per Unit 75.00 Clean exterior and interior of residential Per Unit 40.00 refrigerator/freezer combination unit Clean exterior and interior of commercial Per Unit 50.00 refrigerator _ . _ NOTES: 1. On -call and /or extra services is not guaranteed. 2. Work to be performed either as- needed on -call and /or extra services shall be performed only by written work order authorization from the City. A work authorization delineating scope, schedule, and fee shall be provided by the City to the Contractor prior to the commencement of any on -call and /or extra services. 0 NIA EXHIBIT B LIST OF SUBCONTRACTORS ATTACHED] EXHIBIT B AreM>~ CERTIFICATE OF LIABILITY INSURANCE 13 in pfloplicut S(a++mn P. Mager Insurance Service4 g31 7F -3631 LBAH ONR I HCiLRSR. 'T!!IS GS IPIC1 P.O. Box 468 k A7Sft Tfi@ Gp 9RAfa6 1 9291JdQAC6 Murrfeta,cA Qenerstlans ctprotectian INSURFERS AFFlOWNG COY RAMQE _ NA10 # 00 cr,Liiste ag_All'e+d InsuiTenTx Cninpdny _ . _ _--_ . Onvironrnental Cleaning WOO + Ace €nutBrrce earn ttin - 23883 Corinth DriveL*Fla c 1 r C usety Croup . . MLlrrleta, CA 92562- 7%MLAE3 1 - FobriceVtrlllemey RAGaBTHEPOLIVUOFWSURANC51,1911,:11BELOWyAV$VX11N15511 , 3A3 THE iN9L1A8DNaa16r7/ 9C 3uE FOR THE PKILICYRERIOPENDrCATED .NOTAfirdl$TAhfl1NGA%Y RfU11?I MENT. TERM OR CS01TiON OF ANY OONTRA OT OR MjR 00Ci,IMit'17 YIITH R86F6CT TO WHICH TMIS CERTIPIOAA'73 PJAY B5 ISSUW ORMAY01IRTA1N. TN41%48UIRANGS AFFORD $D RYTHE POLTCI DISCRiBEO HEiiEIN [B a44FaGT-M AU THE TERMS, VtLUSIONP AND COMCMOW OF SUCHPOLICILS. 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LUS f dtCi3ki6D?R 15'JPID EYT?+OOe4iC S1L4T +E1 tr L PR" Ton (10) Days Notice Of Canaetlation for Non•PaymentGnly GRF P H 614 . — - C h R SffaULDAh'Y 0 1: TX9 AB DIM OlirJtlBiO P1TJG70 sf CANCBL:EO B[:OTrii-WF WWIMTON OAr TNQIaOF. THE ISGU;W' N"Wo WR.L RNae"OA To FAIL 30 WS WRTWN City of Lake Elsinore fjolleg TO THE cvtTJ!<ICAT: HOLCCR NMIM TO THE LEFT- SU"Nti van TO ee so SNAU. 130 South Main Street Jnan "0 01 k"WTI OF ANY "0 Up"?4 -M [BURT A, t*c dncvr oR Lake Elsinore, CA 92530 ap #, *' k _ I eee AC RD 26 (2001106) f1cvaD CERTIFICATE OF LIABILITY INSURANCE -' A 0 &1211201oli, 01 Y' 5 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSIRNG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must Ve i3;ru0rsea If SUBROGATION IS WAiVEL'', suhlect to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate ii0clar in lieu of ouch endorccrren1(s1. Steven P Hagar Insurance Services rICANE Ryan Hagar 41891 Kalmia St Suite B ,ti 1951)6 "?c33 — _— i'L_ -xL (951)698 -3411 - Murrleta. CA 92562 ~'','.= _ ryanChagarinsurance.com License #: 0700596 NsIJI RIs) APFOROI+,G cnvEPAGE resuRER A Developers Surety and Indemmry Company ENVIRONMENTAL CLEANING SOLUTIONS & SER'V11&'9§' SIC. DBA EVERGREEN CLEANING SOLUTIONS 23885 CORINTH DR. NsuPJRo i Murrieta, CA 92562 riStr,:E ti5tr•aF. -k c COVERAGES CERTIFICATE NUMBER: DOOODDOO -10532 REVISION NUMBER- 2 IS IS 0 CER - +Y - HA ---1E ;C ..' FS OX INSURANCE LISTED "aE_C \i' HAV5 EEE'. ISSUED TO Ti IE INSURED PIANIIEt'' A30VF FOR : riL 001_ CY PERIOD 10 C.1' = `:CT 4 "tic; A':7;NG :?, R= Cu'.E \4'cti i R \! .7p ^Cr:D' T 10N OF • \Ny rpVTKACT R OTnER DCCLtdEryi W -H RESP_CT T;7 V1k,'Ci"'a.g R =1CA !Av 6c i35;.= J 7 Ndl DER -f,'N THE In'S1, =Ai:C= Fr' ^RDED 5'' T L'- P'OLIC'ES D SCRAFD rIEREA 1,5 SL B_FCr 10 ALL -1.;_ -Fi?MS E OLUB UTS An'J CONCI- CNS OF E-IC'+ PO! CIGS L•fA '5 5. 01 N \!AY I-'AVE 9FFN 9ECUCE4 9Y PAID C_NMS a aCCt 5LJ3R - ^iJe.:!:r cF! ri7UCr EXk" . 7 YPE OF I!JSIJAA. \l; t. LIMI rS A X COMMER :!AL GENERA! LIASU—V tlOfill !P2 - i'0 ;7202: } _ ,tm1,tliltr X _ 100.000 Jt 5.000 . G1.000.000 2,000.000 X _ 1,000,900 X 6 is UMEREL:a : JAS - — — - rl.`.AKER1 :t7Vr'.'ti>..S'I:!•, _ - avoty >Lr.rEris 984957546 07/08/2016 07/08/2017 11 -- _ °, 200,000 350,000 100,000 C448286753 06/05/2016 06/05/2017 1.000.000 1.000,000 5•: fi!P i'OY i ` G °'RA rIGN5 I LC,:ATICNS YEl'!GLES /ACORC IVI Aud+hon i Reim S;ned— n v Jo aItae•iotl •1 mnm seaca :s moo red) T Ten (10) days notice of cancellation for non - payment only City of lake Elsinore, its elected or appointed officers. employees, agents, and volunteers are named as additional insured 6 I CERTIFi+:r' -F +DLDEV' CANCELLATION I I 5HOLLD = *,NY OF 7HE An%'E DESCRIBED eE CANCEL_ E2 6FFCR "c TriE cXPIRAT10N DATE TNEREuF NOTICE VALL BE DELIVERED IN City of Lake Elsinore Act:ORDANr E wlT.i THE POLICY PROVISIONS 130 South Main Street i Lake Elsinore, GA 92530 ^ -- . — -- PORATION All rights reserved ACORD 25 I2014i0l i The ACORD namo ano Togo are registered marks of ACORD AGREEMENT FOR CONTRACTOR SERVICES Evergreen Cleaning Solutions Janitorial Services This Agreement for Contractor Services (the "Agreement") is made and entered into as of August 25,2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Evergreen Cleaning Solutions, a corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: cleaning services at City-owned buildings, park restrooms, and lake facilities. B. Contractor has submitted to City a proposal, dated February 8, 2015, attached hereto as Exhibit A ("Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. Evergreen Cleaning FY 16 Janitorial Contract Page 1 c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect, commencing on August 25, 2015 and ending on June 30, 20'16. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed three (3) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Comoensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. ln no event shall Contractor's compensation exceed SIXTY SIX THOUSAND FIVE HUNDRED FORTY dollars ($66,540) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Pavment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten ('10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. lf the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. ln the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownershio of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its of{icers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including Page 2 any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensinq of lntellectual Propertv.This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. Page 3 d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 8. lndeoendent Contractor. lt is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Elioibilitv lndemnification. ln the event that Contractor or any employee, agent, or subcontractor of Contraclor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer conlribution and/or employee contributions for PERS benefits. 10. lnterests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Abilitv of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with Page 4 applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Comoliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. lndemnitv. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Conlractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. lt is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of lhe California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. lnsuranceRequirements. a. lnsurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' ComDensation Coveraoe. Contractor shall maintain Workers' Compensation lnsurance and Employeis Liability lnsurance for his/her employees in accordance with the laws of the State of California. ln addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ln the event that Contractor is exempt from Worker's Page 5 Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation lnsurance in a form approved by the City Attorney. ii. General Liabilitv Coveraqe. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurence for bodily injury, personal injury and property damage. lf a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as lnsurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or lnsurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liabilitv Coveraqe. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as lnsurance Services Ofrice Automobile Liability form CA 0001 (ed. 12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:Vll and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Page 6 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of lnsurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in wriling and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. lf to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk With a copy to: 130 South Main Street Lake Elsinore, CA 92530 lf to Contractor: Evergreen Cleaning Solutions Attn: Mr. Fabrice Vuillemey, President 23885 Corinth Drive Murrieta, CA 92562 17. Entire Aqreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assiqnment and Subcontractinq. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of lhe City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. lf City consents to such subcontract, Contractor shall be fully Page 7 responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otheMise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severabilitv. lf any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controllino Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litiqation Expenses and Attornevs' Fees. lf either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith aftempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. lf the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. lf the dispute remains unresolved after mediation, either party may commence litigation. 25. Authoritv to Enter Aoreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. Prohibited lnterests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Page 8 27. Equal Oooortuniw Emplovment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 28. Prevailinq Waoes. Contractor is aware of the requirements of California Labor Code Section '1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page I lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "ctTY" CITY OF LAKE ELSINORE, a municipal corporation "CONTRACTOR" Evergreen Cleaning Solutions, a corporation Fabrice Vuillemey President Attachments: Exhibit A - Contractor's Proposal Exhibit B - List of Subcontractors By: Its: ATTEST: Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A EXHIBIT A PROPOSAL BID SGHEDULE CONTRACTOR: _Evergreen Cleaning Solutions Base Bid: Three (3) days per week of all Facility Buildings. All Park restrooms to be seruiced Friday through Sunday and all holidays. NOTE: The Proposal shalt include, but not be limited to, sales tax and all other applicable taxes and fees. SITE ADDRESS ITIONTHLY COST DAYS TO BE CLEANED City Hall 130 S. Main St. $e45.00 Monday, Wednesday, Friday City Hall Engineering Trailer 130 S. Matn St ${40.00 Monday, Wednesday, Friday Gity Yard Main Office 52{ N. LangstaffSt $220.00 Monday, Wednesday, Friday Gity Yard Mechanic Shop 521 N. LangstaffSt. $180.00 Monday, Vllednesday, Friday City Yard Offlce Trailer 521 N. Langstaff St $1lo.00 Monday, Wednesday, Friday Senior Center 420 East Lakeshore Dr. $52s.00 Monday, Wednesday, Friday Senior Center Annex Building 420A East Lakeshore Dr. $140.00 Monday, Wednesday, Friday CulturalGenter 183 North Main Street $490.00 Monday, Wednesday, Fridav Lake Community Center 3{0 W. Graham St. $825.00 Monday, Wednesday, Fridav Tiny Tots 400 W. Graham St. $225.00 Monday, Wednesday, Friday Ghamber of Gommerce 132W. Graham St $200.00 Monday, Wednesday, Friday Alberhill Community Park 28200 Lake St. $es.00 Friday, Saturday, Sunday and all Holidays Canyon Hills Community Park 34360 Canyon Hills Rd. $95.00 Friday, Saturday, Sunday and all Holidays City Park 243 S. Main St. $e5.00 Friday, Saturday, Sunday and all Holidays 1. 2. 3. () 4- 5. 6. 7- 8. 9. 10. ,,1. 12. 13. 14. I Alternate Bid: Five (5) days perweek of Facility Buildings. Seven (7) days per. j week of all Park restrooms. NOTE: The Proposal shall include, but not be limited to, sales tax and all other applicable taxes and fees. DAYS TO BE SITE ADDRESS MONTHLY COST CLEANED 40. 41. 42. 43. 27. 28. 29. 30. 31. 33. r-, l 34. 35. 38, 39. 37. City Hall 130 S. Main St $1,350.00 Mondav'Fridav Gity Hal! Engineering Trailer 130 S. Main St $200.00 Monday - Friday Gity Yard Main Office 521 N. Langstaff St. $3{0.00 Monday - Friday City Yard Mechanic Shop 521 N. Langstaff St. $250.00 Monday - Friday Gity Yard Office Trailer 521 N. l-angstaff St $200.00 Monday - Friday Senior Center 42O E.l-akeshore Dr. $750.00 Monday - Friday Senior Center Annex 42OAE. Lakeshore Dr. $200.00 Monday - Friday Cultural Genter 183 N. Main St $700.00 Monday - Friday Lake Gommunity Center 310 W. Graham St ${,175.00 Monday - Friday Tiny Tots 400 W. Graham St. $320.00 Monday - Friday Chamber of Gommerce 132 W. Graham St $280.00 Monday - Friday Alberhill Community Park 282OO Lake St. $135.00 Monday - Sunday, and all Holidays Canyon Hills Community Park 34360 Canyon Hills Rd. $135.00 Monday - Sunday, and all Holidays City Park 243 S. Main SL ${35.00 Monday - Sunday, and all Holidays Greekside Park 3200 Lost Road $135.00 Monday - Sunday, and all Holidays Lakepoint Park 420 E. Lakeshore Dr. $135.00 Monday - Sunday, and all Holidays Machado Park 15150 Joy St $135.00 Monday - Sunday, and all Holidays I I PROPOSAL SCHEDU LE (Continued) CONTRACTOR: Evergreen Cleaning Solutions 17. {8. 15. {6. 25. 26. 19. 20. 21. '/22. 23. MONTHLY COST PROPOSAL TOTAL Total Amount of Base Bid Proposal in NUMBERS: $5,545.00 Total Amount of Base Bid Proposal in WORDS: Five Thousand Five Hundred forly Five Dollars PROPOSAL SCHEDULE CONTRACTOR: Evergreen Cleaning Solutions SITE ADDRESS MONTHLY COST DAYS TO BE GLEANED Creekside Park 3200 Lost Road $95.00 Friday, Saturday, Sunday and all Holidays Lakepoint Park 420 E. Lakeshore Dr. $e5.00 Friday, Saturday, Sunday and all Holidays Machado Park 15{50 Joy St. $e5.00 Friday, Saturday, Sunday and all Holidavs McVicker Canyon Community Park 29355 Grand Ave. $140.00 Friday, Saturday, Sunday and all Holidays Rosetta Canyon Community Park 39423 Ardenwood Wv. $9s.oo Friday, Saturday, Sunday and all Holidays SummerhillPark 316{3 Canyon Estates Dr. $95.00 Friday, Saturday, Sunday and all Holidays Summerlake Park 900 W. Broadway $e5.00 Friday, Saturday, Sunday and all Holidays Swlck and iliatich Park 402 Limited St. $140.00 Friday, Safirrday, Sunday and all Holidays Tuscany Hills Park 30 Summerhill Dr. $e5.00 Friday, Safu rday, Sunday and all Holidays Yarborough Park 419 N. Poe St. $95.00 Friday, Saturday, Sunday and all Holidays La Laguna Resort 32040 Riverside Dr. $e5.00 Friday, Saturday, Sunday and all Holidays Seaport Boat Launch 500 W. Lakeshore Dr. $95.00 Friday, Saturday, Sunday and all Holidays ..\4. 45. 46. 47. 48. 49. 50. 5{. 52. MONTHLY COST PROPOSAL TOTAL Total Amount of Alternative Bid Proposal in NUMBERS: $7,890.00 Total Amount of Altemative Bid Proposal in WORDS: Seven Thousand Eight Hundred ninety Dollars MONTHLY COST P-ROPOSAL TOTAL TotalAmount of Base Bid in NUMB_ERS: $5.545.00 TotalAmount of Base Bid in WORDS: Five Thousand Five Hundred Fortv Five Dollars. TotalAmount of Altemate Bid in NUMEERS: $7,890.00 TotalAmount of Altemate Bid,in WORDS: Seven Thouqod_Eight Hundred ninetv Dolla.rs. i) McVicker Canyon Community Park 29355 Grand Ave. $200.00 Monday - Sunday, and all Holidays Rosetta Canyon Community Park 39423 Ardenwood Wy. $135.00 Monday - Sunday, and all Holidays SummerhillPark 31613 Ganyon Estates Dr. $135.00 Monday - Sunday, and all Holidays Summerlake Park 900 W. Broadway $,l35.00 Monday - Sunday, and all Holidays Swick and Matich Park 402 Limited St. $200.00 Monday - Sunday, and al! Holidays Tuscany Hills Park 30 Summerhitl Dr. $135.00 Monday - Sunday, and all Holidays Yarborough Park 419 N. Poe St $135.00 Monday - Sunday, and all Holidays La Laguna Resoft 32040 Rivercide Dr. $135.00 Monday - Sunday, and all Holidays Seaport Boat Launch 500 W. Lakeshore Dr. $135.00 Monday - Sunday, and all Holidays ON.CALL SERVICES EXTRA SERVICES SERVICE UNIT COST Chair cleaning Per Chair $e.00 Power wash concrete approach/sidewalk in accordance with all laws & regulations Per Sq Ft $0.10 Power wash exterior building walls in accordance with all laws & requlations Per Sq Ft $0.10 Transfer recycled materia! from container (ranging from 20-50 gallons) in building to bin in parking lot Per Container $2.00 Clean exterior and interior of commercial oven Per Unit $75.00 Clean exterior and interior of residential refrigeratorllreezer combination unit Per Unit M0.00 Clean exterior and interior of commercial refrigerator Per Unit $50.00 53. 54. 55. 59. 60. 56. 57. 58. 6'1. 62. 63. 64. 65. 66. 67. NOTES: 1. On-call and/or extra services is not guaranteed. 2. Work to be performed either as-needed on-call and/or extra services shall be performed only by wriften work order authorization from the City. A work authorization delineating scope, schedule, and fee shall be provided by the City to the Contractor prior to the commencement of any on-call and/or extra services. SERVICE UNIT COST Wash and polish light fixtures, lamps, and reflectors Per Fixture $6.00 Machine carpet cleaning, other than scheduled requirement Per Sq. Ft $0.17 Special Event Cleaning of one Meeting Room at Lake Communitv Center Per Event $50.00 Special Event Cleaning of the Kitchen at Lake Communitv Center Per Event $7s.00 Special Event Cleaning at Senior Center Per Event $75.00 Labor for On-Call Services (Day) 8a.m.-5p.m. Per Hour $25.00 Labor for On-Call Services (Evening/Night) 5p.m.-8a.m. Per Hour $35.00 Labor for On-Call Services Holidays Per Hour $50.00 () N/A EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] EXHIBIT B PUBLIC WORKS ROUTING Once the attached documents have been reviewed, please sign and return to Public Works, at ext. 241 DateSignatureReviewing Department Public Works Review City Attorney Gity Manager City CIerk NAME OF VENDOR: SUPPORT DOCUMENTS: lnsurance(s) Proposal: Bonds: EVERGREEN CLEANING q,8 l< q-g-15 tu COMMENTS: Itr couTacTED coNTRAcToR To REQUEST ADDITIONAL INSURANCE CERT FOR AUTO & TO INCLUDE ADDITIONAL ENDORSEMENT FOR CITY ffiArE oF LtABt!,lIYlNsuEAUgE s51{?7-3S31i;6d;;F. Htlar lasurrltcs Ssrvitas P.O. 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