HomeMy WebLinkAboutC-4380 - Service Agreement for Custodial Services at Coastal Peak Park Restroom• • C -431�a
Q SERVICE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND CAVANENGHI CLEMEN "DBA" ED BUILDING MAINTENANCE
FOR CUSTODIAL SERVICES AT COASTAL PEAK PARK RESTROOMS
THIS SERVICE AGREEMENT, is made and entered into this 26TH day of August
2009 ( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a
Municipal Corporation and Charter City ( "City "), Cavanenghi Clemen, doing business as
( "DBA "), ED BUILDING MAINTENANCE, a sole proprietorship, located at 550 Cameron
Crest, Diamond Bar, CA 91765 ( "Contractor "), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City
of Newport Beach.
B. City requires custodial services for Coastal Peak Park restrooms. City has
solicited and received a proposal from Contractor, has reviewed the previous
experience and evaluated the expertise Contractor possesses.
C. City desires to engage Contractor to provide the custodial services for the
Coastal Peak Park restrooms (the `Project').
D. The principal contact for purposes of Project shall be Edgar Cavanaugh.
E. City has reviewed the previous experience of Contractor and desires to retain
Contractor to render janitorial services under the terms and conditions set forth in
this Agreement.
F. Contractor commits to faithfully perform the services required by this Agreement
and to perform the services in accordance with the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The Term of this Agreement to commence on the above written date and shall terminate
on the 15t day of November, 2014, unless terminated earlier in accordance with Section
26 of this Agreement.
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2. SCOPE OF SERVICES
Contractor shall perform the work or services set forth in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference.
As a material inducement to the City for entering into this Agreement, Contractor
warrants that all work and services to be provided hereunder shall be performed in a
competent, professional and satisfactory manner by an adequate level of staff with the
appropriate level of training. Contractor covenants that it shall follow the highest
professional standards in performing the work and services and that all equipment and
supplies used will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
practice recognized by one or more first -class firms performing similar work under
similar circumstances.
3. PERSONNEL REQUIREMENTS AND SUPERVISION
A. All contract services shall be performed by competent and experienced
employees. The Contractor shall comply with all state and federal legal
requirements regulating the right to work in the United States of America
to ensure that all members of the work force have the legal right to
perform work under this Agreement. Contractor shall make any records
related thereto available to the City within ten (10) days of receiving a
written request for said records by the City.
B. All supervisors and lead workers must be able to communicate effectively
in English (both orally and in writing). Any order given to these
supervisors or lead workers shall be deemed delivered to the Contractor.
C. The City reserves the right to conduct a background investigation of any
employee of Contractor and to require the Contractor to remove any
employee whose performance is deemed unsatisfactory in the City's sole
discretion. Persons employed by the Contractor who are found
unsatisfactory by the City shall be discharged or reassigned by the
Contractor on fifteen (15) days notice from the City.
D. Contractor shall be responsible for compliance with all local, state, and
federal laws and regulations regarding chemical usage. Contractor shall
employ or retain, at its sole cost and expense, all professional and
technical personnel necessary to properly perform contract services.
E. All Contractor personnel working under this Agreement shall be neat in
appearance. Contractor shall provide each employee with a uniform (shirt
or blouse), as approved by the General Services Director or his/her
designee. All Contractor personnel shall wear identification badges or
patches.
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F. All work shall be performed in accordance with the highest janitorial and
building maintenance standards.
G. The City will periodically inspect all work performed by the Contractor.
H. Contractor shall ensure there is no lapse in service. Complete cleaning
services will be required on a regular schedule as set forth in Exhibit A.
4. LICENSES, FEES, PERMITS AND TAXES
Contractor shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against
any such fees, assessments, taxes, penalties or interest levied, assessed or imposed
against City hereunder.
5. COMPLIANCE WITH ALL LAWS
All work and services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules and regulations of the City and any Federal,
State, or local governmental agency of competent jurisdiction.
6. COMPENSATION TO CONTRACTOR
City shall pay Contractor the sum of Seven Hundred and Fifty Dollars and 001100
($750.00) per month for Nine Thousand Dollars and 001100 ($9,000.00) per year for a
total amount not to exceed Fifty Thousand Dollars and 001100 ($50,000.00) ( "Contract
Amount") for the full term of the agreement in accordance with the billing rates set forth
in Exhibit B. attached hereto and incorporated herein by reference. Payment for
services shall be made to the Contractor once a month upon submission of an invoice
explaining in sufficient detail the services performed. City shall pay invoices within thirty
(30) days after approval of the invoice by the City. Payment shall be deemed made
when deposited in the United States mail, first -class postage pre -paid, and addressed to
Contractor as specified in Section entitled "Notices."
Upon the second anniversary of the Commencement Date and upon each anniversary
of the Commencement Date thereafter, the Contract Amount shall be adjusted in
proportion to changes in the Consumer Price Index, subject to the 4% maximum
adjustment increase set forth below. Such adjustment shall be made by multiplying the
original Contract Amount by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made and the denominator of which is the
value of the Consumer Price Index for the same calendar month immediately prior to
Commencement Date. For example, if the adjustment is to occur effective June 1,
2009, the index to be used for the numerator is the index for the month of March 2009
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and the index to be used for the denominator is the index for the month of March
preceding the Commencement Date. The "Consumer Price Index" to be used in such
calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los
Angeles Anaheim Riverside Metropolitan Area, published by the United States
Department of Labor, Bureau of Labor Statistics. If both an official index and one or
more unofficial indices are published, the official index shall be used. If said Consumer
Price Index is no longer published at the adjustment date, it shall be constructed by
conversion tables included in such new index. In no event, however, shall the amount
payable under this Agreement be reduced below the Contract Amount in effect
immediately preceding such adjustment. No adjustment shall be made on the first
anniversary of the Commencement Date. The maximum increase to the Contract
Amount, for any year where an adjustment is made in proportion to changes in the
Consumer Price Index, shall not exceed 4% of the Contract Amount in effect
immediately preceding such adjustment.
7.
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of conducting
the work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Contractor or any of Contractor's
employees or agents, to be the agents or employees of City. Contractor shall have the
responsibility for and control over the means of performing the work, provided that
Contractor is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Contractor as to the details of
the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the services.
8. EQUIPMENT AND CLEANING SUPPLIES
At its sole cost, the Contractor shall supply all necessary tools, equipment, and labor
that may be necessary to perform the work outlined herein. Contractor shall also
provide all cleaning materials and supplies, such as cleaners, liquid wax, liquid floor
soap, seals, detergents, and disinfectants. All cleaning supplies and /or chemicals to be
used on the job must be pre - approved by the City. Equipment used by the Contractor
must be of commercial quality and in good working condition at all times.
The City will furnish consumable items such as toilet paper, paper towels, toilet seat
covers, sanitary napkins, disposable bags, and hand soap. However, Contractor shall
provide trash liners, cleaning rags, and all other cleaning equipment. Contractor will be
responsible for securing all City supplied items and refill containers and dispensers, and
shall use a sign -out log for all City supplies.
9. REPAIR/REPLACEMENT
A. The Contractor shall adopt reasonable methods to furnish continuous
protection to City property and equipment to prevent loss or damage, and
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shall be responsible for all such damages, to persons or property, except
such loss or damage as may be caused by City's sole negligence or willful
misconduct.
B. Contractor shall advise the General Services Director of any damage to
City equipment or property immediately upon becoming aware of the
damage.
C. Contractor shall repair, at its sole cost and expense, any damage to City
equipment or property caused by Contractor or its agents, employees,
representatives or officers.
10. FAMILIARITY WITH WORK AND WORK SITE
A. By executing this Agreement, Contractor warrants that Contractor: (a) has
thoroughly investigated and considered the Scope of Services to be
performed, (b) has carefully considered how the services should be
performed, and (c) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement.
Contractor warrants that Contractor has investigated the site and is fully
acquainted with the conditions existing, prior to commencement of
services hereunder.
B. City and Contractor agree that City has made no representation regarding
the order or condition of any area or location for which Contractor is to
provide services or that the site or location of work will be free from
defects, apparent or hidden, at the commencement of, or at any time
during the term of this Agreement.
11. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any work performed or services provided under this Agreement (including,
without limitation, defects in workmanship and /or materials) or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, Contractors, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
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willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Contractor.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit. Current certification of insurance shall be kept on file with City's at
all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher). and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California; however, in no event shall the Employer's
Liability Insurance be less than one million dollars ($1,000,000) per
occurrence. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) 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.
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, including without limitation,
contractual liability. If commercial general liability insurance or
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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.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability, employer's liability and automobile
liability insurance policy shall be endorsed with the following specific
language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
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 City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to 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, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Agreement.
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G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
13. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT
A. Contractor may not assign any right or obligation of this Agreement or any
interest in this Agreement without the prior written consent of City. Any
attempted or purported assignment without the consent of the City shall be
null and void. Contractor acknowledges that these provisions relative to
assignment are commercially reasonable and that Contractor does
possess special skills, abilities, and personnel uniquely suited to the
performance of contract services and any assignment of this Agreement to
a third party, in whole or in part, could jeopardize the satisfactory
performance of contract services. Contractor may not employ any
subcontractors unless specifically authorized by City.
B. The sale, assignment, transfer, or other disposition of any of the issued
and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venture which shall result in changing the control
of Contractor, shall be construed as an assignment of this Agreement.
14. RECORDS AND REPORTS
A. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection
and audit by any authorized City representative during regular business
hours.
B. Contractor shall keep records and invoices in connection with its work to
be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs, including man hours,
incurred under this Agreement. All such records shall be clearly
identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such
records. Contractor shall maintain and allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a
period of three (3) years from the date of final payment under this
Agreement.
15. ADMINISTRATION
This Agreement will be administered by the General Services Department. Jim Auger
shall be considered the City's Administrator and shall have the authority to act for the
City under this Agreement. The Administrator or his/her authorized representative shall
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represent the City in all matters pertaining to the services to be rendered under this
Agreement.
16. INCREASE OR DECREASE IN SCOPE OF SERVICES
A. Contractor may be asked to perform additional janitorial and building
maintenance services by the Administrator. The Administrator may give
verbal authorization for additional services up to $500. Administrator shall
provide Contractor with written authorization prior to the performance of
any additional services that exceed $500.
B. City reserves the right to withdraw certain tasks from the work to be
performed by Contractor pursuant to this Agreement. City shall notify
Contractor in writing of its intent to do so at least thirty (30) days prior to
the effective date of withdrawal of any location. In the event a location is
withdrawn from the Scope of Services, compensation to Contractor shall
be reduced in accordance with the bid unit costs as specified in Exhibits E
and F. In the event the location is withdrawn for a period of less than a full
one (1) year term, Contractor's compensation shall be reduced on a
prorated basis.
17. WORK DEFICIENCIES AND CORRECTIONS
A. The Contractor's performance will be evaluated on a regular basis. When
problems are identified, the City will notify Contractor. If issues are
serious or go unresolved, a Notice of Deficiency will be issued to
Contractor in writing. This notice will detail the issues and give a cure
period to resolve them.
B. Failure to correct the deficiencies listed in the Notice of Deficiency within the
timeframe specified by the City may, in the City's sole discretion, result in
action being taken by the City, including, but not limited to, (a) withholding
payment for the subject deficiency until the work is completed; (b) correcting
the deficiency (using the City's own work force and /or by contracting out)
and deducting any associated costs plus overhead incurred thereby from
the total monthly compensation due the Contractor; (c) contracting with
another Vendor to perform the maintenance and other services required for
the remainder of the term of the Contract and deducting from the
Contractor's total compensation under the contract any costs that City pays
or becomes obligated to pay the new Contractor, including expenses City
incurs over and above the monthly billing rate by the Contractor for that site;
(e) terminating the agreement; and /or (f) taking any other action and
exercising any other legal remedy available to the City under law.
C. The City reserves the right to make appropriate deductions in payments for
unsatisfactory performance or failure to perform contract duties. Payment
deductions shall be based upon the Unit Prices outlined in Exhibit D.
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18. DISPUTES PERTAINING TO PAYMENT FOR WORK
Should any dispute arise respecting the value of the work done, or of any work omitted,
or of any extra work which Contractor may be required to do, or respecting any payment
to Contractor during the performance of the Agreement, such dispute shall be decided
by the City Manager and his decision shall be final and binding upon Contractor and his
sureties.
19. REIMBURSEMENT FOR EXPENSES
Contractor shall not be reimbursed for any expenses unless the City approves the
expense in advance in writing.
20. PERFORMANCE BOND
A. Concurrently with execution of this Agreement, Contractor shall deliver to
City a performance bond in the sum of the annual Contract Amount of this
Agreement, in the form provided by the City Clerk, which secures the
faithful performance of this Agreement, unless such requirement is waived
by the General Services Director. The bond shall contain the original
notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The
bond shall be unconditional and remain in force during the entire term of
the Agreement and shall be null and void only if the Contractor promptly
and faithfully performs all terms and conditions of this Agreement.
B. The performance bond required by this Agreement shall be satisfactory
only if issued by a company qualified to do business in California, rated
"A" or better in the most recent edition of Best Rating Guide, The Key
Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the
Risk Manager of the City.
21. LABOR
A. Contractor shall conform with all applicable provisions of State and
Federal law including, applicable provisions of the Federal Fair Labor
Standards Act.
B. Contractor shall conform with all applicable provisions of the California
Labor code, including the Displaced Janitors Opportunity Act, Labor Code
sections 1060 -1065.
B. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
Agreement, Contractor shall immediately give notice to City, and provide
all relevant information.
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C. Wages paid by Contractor for services provided hereunder shall be in
accordance with Section 1770 of the California State Labor Code. The
Director of Industrial Relations has ascertained the general prevailing rate
of per diem wages in the locality in which the work is to be performed for
each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703 4774, and requesting one
from the Department of Industrial Relations. All parties to the contract
shall be governed by all provisions of the California Labor Code Relating
to prevailing wage rates (Sections 1770 -7981 inclusive).
22. NONDISCRIMINATION BY CONTRACTOR
Contractor represents and agrees that it does not, and will not, discriminate against any
subcontractor, Contractor, employee or applicant for employment because of race,
religion, color, sex, handicap, national origin, or other basis that is violative of the
federal or state constitution or federal or state law. Contractor's obligation not to
discriminate shall apply, but not be limited to, the following: employment, upgrading,
demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with this Project.
24. CONFLICTS OF INTEREST
A. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeable financially affect such interest. The Contractor will provide a
completed disclosure form noting the above. Contractor will comply with
the Act and relevant City Resolutions.
C. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Contractor shall indemnify
and hold harmless the City for any claims for damages resulting from the
Contractor's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement must be
given in writing and will be deemed served when delivered personally or on the second
business day after the deposit thereof in the United States mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
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Jim Auger
General Services Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Ph: (949) 644 -3055
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Billie Alexander
Ed Building Maintenance
550 Cameron Crest
Diamond Bar, CA 91765
Ph: (909) 861 -4670
26. TERMINATION /DEFAULT
A. In the event Contractor fails or refuses to timely perform any of the
provisions of this Agreement in the manner required or if Contractor
violates any provisions of this Agreement, Contractor shall be deemed in
default. If such default is not cured within a period of two (2) working
days, or if more than two (2) working days are reasonably required to cure
the default and Contractor fails to give adequate assurance of due
performance within two (2) working days after Contractor receives written
notice of default from City, City may terminate the Agreement forthwith by
giving written notice. City may, in addition to the other remedies provided
in this or authorized by law, terminate this agreement by giving written
notice of termination.
B. This agreement may be terminated without cause by the City upon thirty
(30) days written notice. Upon termination, City shall pay to Contractor
that portion of compensation specified in the Agreement that is earned
and unpaid prior to the effective date of termination. The Contractor may
only terminate the Agreement in the event of nonpayment by the City. In
the event of nonpayment by the City, Contractor shall give the City thirty
(30) days written notice thereof and the City shall have fifteen (15) working
days to cure the alleged breach.
C. In addition to, or in lieu of, remedies provided in this Agreement or
pursuant to law, City shall have the right to withhold all or a portion of
Contractor's compensation for contract services if, in the judgment of the
City Manager, the level of maintenance falls below appropriate janitorial or
building maintenance standards and /or Contractor fails to satisfactorily
perform contract services. City shall have the right to retain funds
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withheld until the City Manager determines that contract services are
performed as well and as frequently as required by this Agreement.
27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for
damages by reason for an alleged breach of any provisions of this Agreement, the
parties agree that attorneys' fees shall not be recoverable by the prevailing party.
28. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein shall
not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition contained herein whether of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties and all preliminary negotiations and agreements of
whatsoever kind or nature are merged in this Agreement. No verbal agreement or
implied covenant shall be held to vary the provisions hereon.
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.
31. 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.
32. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
33.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynette Beauch p
Assistant City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Blud
City Manager
CONTRACTOR:
ED BUILDING MAINTENANCE
Got, oiirz'
o�Leilani I. Brown ��wpoR r Cavanenghi-6 n� .J
City Clerk a`` Principal
.M
c'1<ip0fkT0
ATTACHMENTS: EXHIBIT A: Scope of Work
EXHIBIT B: Billing Rates
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I. INTENT
EXHIBIT A
Scope of Work
0
The intent of these specifications is to provide full and complete contract
custodial services at Coastal Peak Park, herein described, and that such site be
kept in a clean and well -kept state at all times.
II. DESCRIPTION OF PROJECT (SCOPE OF WORK)
This site consists of one women's and one men's restroom:
4 toilets- women's
2 lavatories- women's
4 twn savr dispensers- women's
1 outside drinking fountain
The following will be performed daily:
2 toilets and 2 urinals -men's
2 lavatories -men's
2 twn savr dispensers -men's
• All floor areas, outside entrances, and walkways will be swept and hosed
of any debris.
• All toilets, urinals, and lavatories will be cleaned and disinfected. They will
be wiped down and dried.
• All twin saver toilet paper dispensers will be checked daily and refilled
when needed. The tops and sides of these dispensers will be wiped clean
of dust and debris. The toilet paper is stored inside the pipechase area.
• The outside drinking fountain will be cleaned, disinfected, and towel dried.
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EXHIBIT B
Summary of Price Quotations
Scott, Rick
from: bra321Qaal.corn
Sam: Monday, July 27, 2009 3:41 PM
To: Scott, Rick
Subject: Coastal Peak Park - servo you per C. Coakley
Ed Building Maintenance
550 Cameron Crest Drive
Diamond Bar, CA 91765
(909) 861 -4670
Licensed • Insured .
City of Newport Beach
Attn: Charles Coakley
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Coastal Peak Park Restroom
Dear Charles:
The price for performing 7-day sery ice at Coastal Peak Park Restroom will be Seven Hundred Fifty dollars ($750.00) per
month.
we hope that this meets with your approval.
Sincerely,
Billie Alexander
Office Manager
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