HomeMy WebLinkAboutItem No. 16 On-Call Azteca Cleaning Services LLCCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-230
Agenda Date: 7/13/2021 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 16)
On-call Services Agreement between Azteca Cleaning Services LLC and the City of Lake
Elsinore
1.Approve the on-call Contractor Services Agreement between Azteca Cleaning Services, LLC and
the City of Lake Elsinore in the amount of $211,000.00 in the form attached and in such final form as
approved by the City Attorney; and
2.Authorize the City Manager to execute change orders not to exceed the 10% contingency amount of
$21,100.00 for additional on-call work as needed.
Page 1 City of Lake Elsinore Printed on 3/30/2023
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Jason Simpson, City Manager
Date: July 13, 2021
Subject: Contractor Services Agreement between Azteca Cleaning Services LLC and
the City of Lake Elsinore.
Recommendations
Approve the Contractor Services Agreement between Azteca Cleaning Services, LLC and the
City of Lake Elsinore for $211,000.00 in the form attached and in such final form as approved by
the City Attorney.
Authorize the City Manager to execute change orders not to exceed the 10% contingency amount
of $21,100.00 for additional on-call work as needed.
Background
Staff requested a proposal from Azteca Cleaning Services on May 19, 2021, for on-call cleaning
services at the Anchor. Azteca responded providing the required information. The Azteca
Cleaning Services proposal was fully vetted and negotiated to ensure fair and reasonable pricing
and because of the exceptional cleaning requirements and challenges, the proposal contains
multiple levels of service. To fully evaluate the performance of Azteca Cleaning Services, the City
previsoulsy executed an on-call agreement with Azteca for $30,000 and has been pleased with
the performance.
Azteca cleaning services have been utilized by the City to satisfy exceptional disinfecting and
sanitizing requirements at both the Anchor and Launch Pointe. Also, the City has experienced the
work of Azteca Cleaning Services at several City construction projects and City facilities and has
found the work of this company superior to other cleaning service companies. Azteca Cleaning
Services LLC exceeds the normal cleaning service elements and includes disinfecting and
sanitizing specialized cleaning, matching, and exceeding hospital and hotel standards. Of
particular importance to the Anchor and Launch Pointe, housing facilities is the attention to detail
and high level of cleaning service Azteca performs with total compliance with all COVID-19
disinfecting and sanitizing standards.
On Call Service Agreement
July 13, 2021
Page 2
Discussion
Recently, multiple Azteca services have been utilized by the City at the Anchor, Launch Pointe,
Diamond Stadium, and City Construction projects. Some of these services have been urgent
requirements affecting facility operational efforts. Every assigned work effort has been proposed
in writing, reviewed and negotiated by City Staff, and approved for execution. This work effort
has included a wide range of City requirements, time-sensitive house cleaning at Launch Pointe,
and urgent City operational demands representative of the work below:
General Cleaning Sanitizing Coronavirus SARS-CoV-2, & COVID-19.2 Deep
Cleaning Hospital grade sanitizers & disinfectants for bacteria
Hot or Cold Extract Service Window Cleaning
Pet odor elimination Grout Cleaning
Strip and Wax Floors Furniture cleaning
Floor Scrubs Appliance surface reconditioning
Carpet Cleaning Stadium seating & field padding reconditioning
This agreement is needed to ensure continued contractor support is in place for scheduled
operational demands as well as on-call services for non-routine immediate needs. At Launch
Point, the demand for rapid trailer and yurt cleaning is essential to optimize the rental availability
of these revenue-generating rental units. It is important to know within this agreement the on-call
cleaning services will provide a day-to-day quick turnaround service for Launch Point trailers and
yurts similar to a hotel room service. This in itself will provide increased rental opportunities and
revenues at net profit levels. In short, this is a very cost-effective agreement. Sustainment of
these essential and general requirements provides the City with immediate resources. An
additional benefit to this service agreement is the ability to utilize Azteca Cleaning Services during
very high operational periods surrounding holidays and weekends. It is at these times when
Launch Point services are most compromised by exceptionally high demand, specifically, all of
the 15 Resort restrooms and 9 showers which require cleaning 3 to 5 times daily.
Following the approval of this agenda item work and execution of the attached agreement,
services will be immediately available to the City. Staff has reviewed and verified the contractor
has a valid license and a review of the contractor’s references and General and Auto Liability
Insurances and Workers’ Compensation Insurance are in place naming the City as additional
insured. Approximately $25,000 of the total $211,000 will be allocated to cleaning services at the
Anchor with the remainder dedicated to Launch Point and on-call services.
Fiscal Impact
Funds are budgeted in the Fiscal Year 2021/22 budget.
Exhibits
Exhibit A – On-Call Contractor Services Agreement
Exhibit B – Azteca Proposal Anchor
Exhibit C – Azteca Proposal Lauch Point
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AGREEMENT FOR CONTRACTOR SERVICES
Azteca Cleaning Services, LLC
ON-CALL SERVICES
This Agreement for Contractor Services (On -Call) (the “Agreement”) is made and entered into as
of June 13, 2012 by and between the City of Lake Elsinore , a municipal corporation (the “City”)
and Azteca Cleaning Services, LLC , a Limited Liability Corporation (the “Contractor”).
RECITALS
A. The City has determined that it requires the following services:
Construction and household cleaning service
B. The City has prepared a request for a proposals and Contractor has submitted to
City a proposal, dated May 19, 2021, both of which are attached hereto as Exhibit A (collectively,
the "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 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. Contractor
acknowledges that the Scope of Services provides for 24 hour -a-day, 7 day-a-week, on-call and
minor construction support on an as needed basis.
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 A greement 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 .
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c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on July 13, 2021 and ending June 30, 2022. The City may, at its
sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 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.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of
work or services as all work or services shall be authorized through a Task/Work Order issued by the
City.
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 annual compensation exceed Two Hundred
Eleven Thousand Dollars and no Cents ($211,000.00) 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 Payment. 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 t he
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. Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor’s personnel who
perform work required by this Agreement, including but not limited to their references, character,
address history, past employment, education, social security number validation, and criminal or police
records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide
the subject service or pose a risk to the safety of persons or property in and around the vicinity of where
the services will be rendered or City Hall. If the City makes a reasonable determination that any of
Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify
Contractor of the same. Contractor shall not use that personnel to perform work required by this
Agreement, and if necessary, shall replace him or her with a suitable worker.
6. 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,
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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.
7. Plans, Reports, Documents
a. 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 expen se, provide such reports, plans, studies,
documents and other writings to City upon written request. City shall have sole determination of
the public’s rights to documents under the Public Records Act, and any third-party requests of
Contractor shall be immediately referred to City, without any other actions by Contractor.
b. 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 magnet ically 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 a nd 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.
c. 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 . Contractor shall not, without the prior
written consent of City, use such materials 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.
8. 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.
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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 t o 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.
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.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel performing
the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s
exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except
as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or
any of its officers, employees, or agents are in any manner officers, employees, or agents of the
City. Contractor shall not incur or have the power to incur any debt, obli gation, or liability
whatsoever against City, or bind City in any manner.
b. 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. 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.
11. 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.
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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 offici al, 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).)
12. 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 all services under this Agreement. All
work performed by Co ntractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13. Compliance with Laws .
a. Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b. Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14. 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.
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15. 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.
16. 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 Coverage. 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 sub contractor'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 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.
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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. Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds
shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent
as any other insureds and there shall be no limitation to the benefits conferred upon them other than
policy limits to coverages.
ii. This policy shall be considered primary i nsurance 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.
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.
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17. 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 communic ated 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: Azteca Cleaning Services, LLC.
Attn: Oscar Cornejo
24740 Jefferson Ave. #303
Murrieta, CA 92562
18. 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. 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 without the written
authorization of the City. If City consents to such subcontract, Contractor shall be fully 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.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequen t breach of the same or any other provision under this
Agreement.
20. Litigation 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.
21. Mediation. The parties agree to make 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.
22. 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 solici t or secure this Agreement. Further, Contractor warrants that it has not paid
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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 consi deration
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.
23. Equal Opportunity Employment. 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.
24. 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 (includi ng,
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.
25. Severability. 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.
26. 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.
27. 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.
28. Counterparts. 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.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written, are
superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal
Page 10
is incorporated only for the description of the scope of services and/or the schedule of performance
and no other terms and conditions from such proposal shall apply to this Agreement unless specifically
agreed to in writing. In the event of conflict, this Agreement shall take precedence over those
contained in the Contractor’s Proposal.
30. 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.
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
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Administrative Services Director
“CONTRACTOR”
Azteca Cleaning Services, LLC., a Limitied
Liability Corporation
By: Oscar Cornejo
Its: Chief Executive Officer
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
Proposal Date
May 19, 2021
Azteca Cleaning Services L.L.C.
Azteca Cleaning Services is a growing company looking for opportunities to demonstrate
our passionate and professional work. Thank you for allowing us to do so. Azteca
Cleaning Services has over twenty years of experience in the cleaning and sanitization
industry. Our experiences range from small residential properties to larger commercial
building both private and public owned.
Here at Azteca Cleaning Services we like to break our services down to three different
levels as described below:
Cleaning - removes dirt, dust, crumbs, and germs from surfaces or objects. When you
clean, you will likely use soap (or detergent) and water to physically clean off the surfaces
and objects. This may not necessarily kill the germs. But since you removed some of them,
there are fewer germs that could spread infection to you.
Disinfecting - uses chemicals (disinfectants) to kill germs on surfaces and objects. Some
common disinfectants are bleach and alcohol solutions. You usually need to leave the
disinfectant on the surfaces and objects for a certain period of time to kill the germs.
Disinfecting does not necessarily clean dirty surfaces or remove germs.
Sanitizing - could be done by cleaning, disinfecting, or both. Sanitizing means a lowering
of the number of germs to a safe level. What is considered a safe level depends on public
health standards or requirements at a workplace, school, etc. For example, there are
sanitizing procedures for restaurants and other facilities that prepare food. The sanitization
method will vary, depending on your needs.
Azteca Cleaning Services Cleaning Services can provide upon request all three levels of
cleaning for the items listed below:
General Cleaning Pet odor elimination
Deep Cleaning Hot or Cold Extract Service
Window Cleaning Sanitizing for Coronavirus
Grout Cleaning Hospital Grade Sanitizers & Disinfectants for Bacteria
and Viruses
Strip and Wax Floors Furniture cleaning
Floor Scrubs Appliance surface reconditioning
Carpet Cleaning
Azteca Cleaning Services LLC 24740 Jefferson Ave #303 Phone # (951) 228-6144 email: oscarrc@aztecacleaningservices.com
Once again thank you for giving Azteca Cleaning Services the opportunity to give the City
of Lake Elsinore a proposal. We are very excited to get started with the cleaning at the
Anchor facility and to demonstrate what Azteca Cleaning Services can dot. We love to
interact and build relationships with our clients to gain trust and loyalty. We strive to not
only have quality service but to also have excellent communication, customer service, and
attention to detail for our clients.
Azteca Cleaning Services Cleaning Services will perform all services specified in the
below schedule of cleaning charges in a highly effective detailed manner. Azteca Cleaning
Services Cleaning Services will conform to the client's work and holiday schedules and
always maintains flexibility for short notice requirements or schedule changes. Azteca
Cleaning Services is set up to function and deliver outstanding services for the most
demanding on-call requests. If you have any question on this proposal please email me at
oscarrc Aztecacleanin services.com or call me at (951) 228-6144.
Scheduled Cleaninq Char es
Once weekly per room/unit standard cleaning
Twice weekly per room/unit standard cleaning
$250
$200
Deep Cleaning with/without out appliance per room/unit $350/$450
All Surfaces Deep Cleaning, Disinfecting and Sanitization per room/unit $750
Our Deep cleaning service is the most complete and effective cleaning service provided by
any cleaning company and is designed to illuminate the toughest contaminates and soils.
Deep Cleaning and sanitization services included but are not limited to the below cleaning
elements:
Complete deep cleaning and sanitizing to include antimicrobial sanitizers approved
by the EPA for use against the Novel Coronavirus SARS-CoV-2, the cause of
COVID-19.2
• Remove and clean behind and underneath all furniture and item in the room to
include cabinets, closets, appliances and base boards
S Clean and all appliances both inside and out to include kitchen cabinets, racks and
shelfs
Clean all interior walls, doors and fixtures
Azteca Cleaning Services LLC 24740 Jefferson Ave #303 Phone # (951) 228-6144 email: oscarrc@aztecacleaningservices.com
• Clean kitchen sinks counters; bathroom tub, sink, toilet and mirrors and sanitized
with hospital -grade sanitizers to effectively eliminate bacteria and viruses from
these hard non -porous surfaces
Clean all windows both inside and outside to include window blinds and window
seals
Y Cleaned exterior area of all air conditioning opening and vents
• Clean and treat with special cleaning agents for the elimination of pet urine odors
■ Perform a hot or cold extraction cleaning process combined with EPA -registered,
hospital -grade sanitizers. The blow is a disinfecting and sanitizing service process
utilized by Azteca Cleaning Services Cleaning Services:
High Touch Areas:
Door handles and knobs
Countertops
Light switches
Refrigerator door handles
Stair rails
Pots Pans
Utensils
Opening and closing devices
Low Touch Areas include:
Carpets
Area Rugs
Upholstery
Hardwood, engineered wood
Stone, Tile & Grout surfaces
Any other areas of cleaning not address herein would be separately proposed.
Azteca Cleaning Services LLC 24740 Jefferson Ave #303 Phone # (951) 228-6144 email: oscarrc@aztecacleaningservices.com
CLEANING SERVICES, L.L.C.
Presented to Beau Davis
Azteca Cleaning Services L.L.C.
Azteca Cleaning Services is a growing company looking for opportunities to demonstrate our
passionate and professional work_ Thank you for allowing us to do so. Azteca Cleaning Services
has over twenty years of experience in the cleaning and sanitization industry. Our experiences
range from small residential properties to larger commercial buildings both private and public
owned.
Here at Azteca Cleaning Services we like to break our services down to three different levels as
described below:
Cleaning - removes dirk, dust, crumbs, and germs from surfaces or objects. When you clean, you
will likely use soap (or detergent) and water to physically clean off the surfaces and objects. This
may not necessarily kill the germs. But since you removed some of them, there are fewer germs
that could spread infection to you_
Disinfecting - uses chemicals (disinfectants) to kill germs on surfaces and objects. Some common
disinfectants are bleach and alcohol solutions. You usually need to leave the disinfectant on the
surfaces and objects for a certain period of time to kill the germs. Disinfecting does not necessarily
clean dirty surfaces or remove germs.
Sanitizing - could be done by cleaning, disinfecting, or both. Sanitizing means a lowering of the
number of germs to a safe level. What is considered a safe level depends on public health
standards or requirements at a workplace, school, etc. For example, there are sanitizing
procedures for restaurants and other facilities that prepare food. The sanitization method will vary,
depending on your needs.
Surface Reconditioning -- Our trained team specializes in surface reconditioning of all types of
hardwood, tile, stone, vinyl, cloth and many other commercial surfaces in both indoor and outdoor
sittings. Our specialized treatments all include a conditioning process that extend the life of the
surface and bring back the original luster to a near new appearance. These processes are
considered cost saving measures for the owner and improve the durability and useful life of the
surface.
Azteca Cleaning Services Cleaning Services can provide Capon request all four levels of cleaning
for the items listed below:
General Cleaning
Service Reconditioning and Repair
Deep Cleaning
Hot or Cold Extract Service
Window Cleaning
Sanitizing for Coronavirus
Grout Reconditioning
Hospital Grade Sanitizers & Disinfectants for
Bacteria and Viruses
Strip and Wax Floors
Furniture Cleaning
Floor Reconditioning
Appliance Surface Reconditioning
Carpet Cleaning Pet Odor Elimination
Once again thank you for giving Azteca Cleaning Services the opportunity to give Launch Point a
proposal. We are very excited to get started with the cleaning and to demonstrate what Azteca
Cleaning Services can do. We love to interact and build relationships with our clients to gain trust
and loyalty. We strive to not only have quality service but to also have excellent communication,
customer service, and attention to detail for our clients.
Azteca Cleaning Services will perform all services specified in the below schedule of cleaning
charges in a highly effective detailed manner. Azteca Cleaning Services will conform to the client's
work and holiday schedules and always maintains flexibility for short notice requirements or
schedule changes. Azteca Cleaning Services is set up to function and deliver outstanding services
for the most demanding on-call requests. If you have any questions on this proposal please email
me at oscarrc(Qaziecacleaningservices,corn or call me at (951) 228-6144.
Scheduled Cleaning Chairges
Community Hall
Deep Cleaning, Disinfecting and Sanitizing Entire Hall
$475
Standard Cleaning Entire Hall (Not Including Appliances)
$300
Thorough Vacuum and Mop of Entire Floor Surface
$250
Deep Cleaning, Disinfecting and Sanitizing of Restrooms Only
$85 Per Restroom
Deep Cleaning, Disinfecting and Sanitizing of Kitchen Only
$225
Deep Cleaning Without Appliances of Kitchen Only
$100
High Dusting Entire Hall Only
$225
Window Cleaning Only
$350
Waxing Slate Floor (1 Coat) $75 Per Additional Coat
$400
Deep Scrub by Hand and Waxing Slate Floor (3 Coats) $75 Per
Additional Coat
$800
Grout Cleaning the Kitchen Floor
$425
Trailers
Cleaning, Disinfecting, and Sanitizing
$70 ea
Quarterly Deep Cleaning, Disinfecting, and
Sanitizing
$140 ea
Cleaning, Disinfecting, and Sanitizing
$70 ea
Quarterly Deep Cleaning, Disinfecting, and
Sanitizing
$140 ea
Upholstery Cleaning
Sofa/Couch With Pillows
$90 ea
Sofa/Couch Only
$70 ea
Couch Pillows
$10 ea
Resort Bathrooms
12hr shift
$375 per day
8hr Shift
$250 per day
Two 8hr Shifts for Holiday/Special Days
$500 per day
6hr Shift
$180 per day
4hr Shift
$120 per day
Our Deep cleaning service is the most complete and effective cleaning service provided by any
cleaning company and is designed to eliminate the toughest contaminates and soils. Deep
Cleaning and sanitization services included but are not limited to the below cleaning elements:
Complete deep cleaning and sanitizing to include antimicrobial sanitizers approved by the
EPA for use against the Novel Coronavirus SARS-CoV-2, the cause of COVID-19.2
Remove and clean behind and underneath all furniture and item in the room to include
cabinets, closets, appliances and baseboards
* Clean and all appliances both inside and out to include kitchen cabinets, racks and shelves
® Clean all interior walls, doors and fixtures
* Clean kitchen sinks counters, bathroom tub, sink, toilet and mirrors and sanitized with
hospital -grade sanitizers to effectively eliminate bacteria and viruses from these hard
non -porous surfaces
® Clean all windows both inside and outside to include window blinds and window seals
Clean exterior area of all air conditioning opening and vents
Clean and treat with special cleaning agents for the elimination of pet urine odors
® Perform a hot or cold extraction cleaning process combined with EPA -registered,
hospital -grade sanitizers, The blow is a disinfecting and sanitizing service process utilized
by Azteca Cleaning Services Cleaning Services:
High Touch Areas:
Low Touch Areas:
Door handles and knobs
Carpets
Countertops
Area rugs
Light switches
Upholstery
Refrigerator door handles
Hardwood, engineered wood
Stair Rails
Stone, tile, and grout surfaces
Pot Pans
Utensils
Opening and closing devices
Any other areas of cleaning not addressed herein would be separately proposed.
Once again thank you for this opportunity.
Sincerely,
V'&z7 RC
Oscar Comejo
Azteca Cleaning Services, CEO