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HomeMy WebLinkAboutA9232 - VERDE FACILITY SERVICES LLC CONTRACT ABSTRACT 2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: VERDE FACILITES SERVICES LLC Areli Barlow, areli@verdefacilities.com Janitorial Services for Various City Facilities $2,236,428.00 Facilities: 5206570-40105 December 12, 2022 through December 11, 2025 Contract Administration Lead Department: Contract Administrator: Facilities Heather MacPherson Contract Approvals Council Approval: Resolution Number: Agreement Number: October 17, 2022 and November 10, 2022 1F and 1E A9232 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Yes Yes Yes N/A Contract Prepared By: Procurement and Contracting Submitted on: September 12, 2022 By: Brian Sotak-Rossman DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 1 of 40 CONTRACT SERVICES AGREEMENT A9232 JANITORIAL SERVICES FOR VARIOUS CITY FACILITES THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 12, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and VERDE FACILITIES SERVICES LLC, a Arizona Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”). B. Contractor has submitted to City a proposal to provide janitorial services for various City facilities, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D.City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1.CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 2 of 40 1.3 Licenses and Permits. 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. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2.TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3.COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $2,236,428.00. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A.To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B.To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 3 of 40 4.PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on December 12, 2022, and ending on December 11, 2025, unless extended by mutual written agreement of the Parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 4 of 40 5.COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Areli Barlow (name), Business Development Director (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 5 of 40 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Paul Sarzoza President of Operations Jesus Chavez Regional Operations Manager 5.6 California Labor Code Requirements. A.Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B.If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6.INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7.INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 6 of 40 Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until al l actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8.RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 7 of 40 of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9.ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 8 of 40 shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10.CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11.MISCELLANEOUS PROVISIONS DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 9 of 40 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: Verde Facilities Services LLC Attention: Areli Barlow 2323 W. Mescal St. #205 Phoenix, AZ 85029 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 10 of 40 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 11 of 40 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND VERDE FACILITIES SERVICES LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date:Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 10/17/2022 and 11/10/2022 Item No. 1F and 1E APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 11/14/2022 11/14/2022 Revised 2.9.22 Page 12 of 40 EXHIBIT “A” CONTRACTOR’S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 13 of 40 1.1 Background: The Maintenance & Facilities Department oversees the ongoing maintenance and janitorial services of various city owned facilities (excluding the Airport and Convention Center), that is estimated at a cumulative 223,081 square feet. The previous 5-year contract was based on a cumulative 202,307 square feet and awarded at $373,520.88 per year for a 3-year term with two (2) one (1) year renewal options. 1.2 Scope: The scope of work consists of, but is not limited to, providing the regularly scheduled janitorial services and appropriate supplies to maintain a high level of cleanliness effectively, and safely for specified City Facilities in accordance with the best standards of practice. It shall be the successful Contractor’s responsibility to furnish at his/her own expense all tools, equipment, janitorial supplies, labor, fuel, materials, supervision, and services necessary for the satisfactory performance of the work as set forth in these specifications. 1.3 Displaced Janitor Opportunity Act: Contractors shall comply with Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the California Labor Code, relating to employment, the Displaced Janitor Opportunity Act. The Displaced Janitor Opportunity Act, enacted by SB20, is effective for contracts awarded on or after January 1, 2002, and requires the City to identify the following requirements of the statute in its initial bid package. The statutory obligations apply only to contractors with 25 or more employees. The requirements include notice to a new contractor that they must retain for sixty (60) days any employees employed at the same site for at least the preceding four (4) months by the previous contractor, absent reasonable and substantiated cause, not to hire based on the employee=s performance or conduct. The City, when awarding a replacement contract, will provide in a timely manner, the name and address of the new contractor to the previous contractor. The new contractor is not required to pay the same wage or offer the same benefits, but the new contractor must make a written offer of employment to each non-management, non-supervisory service employee in a language in which the employee is literate. The offer shall state the time (of no less than 10 days) within which the employee must accept the offer. The new contractor may not discharge any holdover employees during the first 60 days of their new employment, except for cause. At the end of 60 days, the new contractor must provide a written performance evaluation to each retained employee and must offer the employee continued employment if the performance was satisfactory. Employment thereafter may be at will. 1.4 Special Requirements: A. Employee Background Checks: All contractor employees will be subjected to a background check prior to the commencement of work under this contract conducted by the Palm Springs Police Department. The City will require a list of all employees assigned to this contract along with their social security numbers. Any employee assigned to this contract that is shown to have a felony conviction, or whom the City finds to be unacceptable, will not be allowed to work under this contract. We strongly recommend that contractors are confident that the employees they assign to this contract will pass the required background check. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 14 of 40 B. Employees of Contractor: 1. Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs with or without cause, and without regard to the basis upon which such decision shall be made. 2. The Contractor shall be required to provide on-site supervisory personnel of a high caliber including bilingual communication ability if any contract crew member does not have a working knowledge of English. The supervisory personnel shall conduct regular inspections to determine that work is being performed in accordance with contract cleaning standards and established work schedules. Said personnel must have the authority to respond immediately to situations upon request by the Contract Administrator. 3. The Contractor shall meet special personnel standards for the Public Safety (Police) facilities. All contract employees assigned to these areas must pass a police background investigation prior to entering said facilities. At no time shall the Contractor schedule personnel in the police facilities that have not passed the background check. This provision shall apply even during times of short staffing due to holidays, illness, vacations, no shows, etc. 4. It shall be the responsibility of the Contractor to see that all his/her supervisory and crew personnel abide by the City of Palm Springs building security regulations and safety standards. The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment, and property. 5. All personnel assigned by the Contractor to perform work for the City of Palm Springs shall not have an arrest record other than minor traffic violations, must be physically capable of performing all duties assigned, and must present a physical appearance acceptable to the City. The final decision as to t he acceptability of any individual performing work under any contract awarded because of this specification shall rest with the City of Palm Springs. 6. The Contractor shall provide supervisory personnel of a high caliber. The assigned supervisor shall contact the Contract Administrator or his designee to discuss and clarify any operational problems and to receive instructions. In addition, the assigned supervisor shall physically contact each assigned individual at not less than one (1) time per shift. 7. Contractor shall submit a supervisory chain of command document identifying personnel names and telephone numbers, providing updates as necessary. Said document must be submitted to the Contract Administrator on or prior to the first day of work. 8. Contractor shall submit detailed description of all hiring, training, testing and disciplinary policies and procedures used by his/her firm. 9. It shall be the responsibility of the Contractor to provide consistent, reliable transportation for equipment and staff to service identified facilities. All costs related to the maintenance and operation of said transportation vehicle(s) shall be the responsibility of the Contractor. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 15 of 40 10. One worker shall be made available for unscheduled assignments 7:30 A.M. to 4:30 P.M., seven days a week. Such work shall be in addition to that outlined in the specifications. This individual must be supplied with a cell phone and a vehicle for transportation provided by the Contractor. The phone number must be provided to the Contract Administrator. 11. The Contractor shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. Contractor's employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks the English language proficiently. 12. The Contract Administrator may at any time give Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the Contract Administrator, detrimental to the interest of the public patronizing the premises. Contractor shall meet with the Contract Administrator to consider the appropriate course of action with respect to such matter and Contractor shall take reasonable measures under the circumstances to assure the Contract Administrator that the conduct and activities of Contractor's employees will not be detrimental to the interest of the public patronizing the premises. 13. Contract Administrator may require the Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the janitorial services. The identification system shall be furnished at the Contractor's expense and will include uniforms and ID badges as specified by the City. 14. The Contractor shall require each of his/her employees to adhere to basic public works standards of working attire. These are basically: Uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and shall be buttoned C. Inspection by City: The work, materials, and supplies to be provided by the Contractor shall be subject to inspection by the City, and/or to tests designated by the City. If the results of such inspection or tests indicate that part of the work, materials, or supplies are deficient in any respect, the City in its sole discretion may reject all or any part of the work, materials or supplies provided by the Contractor. Inspections will be conducted by the Contract Administrator or their designee. Contractor shall utilize inspection sheets, either electronic or paper, which will be made readily available to the City. Inspection sheets will include a section for the City’s designated inspector to list deficiencies. D. Rejection of Work: The City has the sole right to make all final determinations as to whether the work has been satisfactorily completed. If in the event that the results of the janitorial service are considered unsatisfactory to the City, the Contractor shall be required to immediately re-clean the unsatisfactory area at no cost to the City. Said service shall be performed in addition to, and without interruption to the regular cleaning schedule. The City shall in all cases determine the quantity, quality, and acceptability of the work, materials, and supplies for which payment is to be made under the contract. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 16 of 40 The City shall decide the questions which arise relative to the fulfillment of the contract or the obligations of the Contractor there under. E. Immediate Action During Business Hours, Council Contact: 1. During the normal days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor, cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Contract Administrator against the Contractor, or may deduct such cost from an amount due Contractor from the City. 2. Contractor and Contractor's personnel shall immediately notify the Contract Administrator upon contact with members of the City Council F. Safety: 1. Contractor shall perform all work specified in any resultant contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements, including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. 2. It shall be the Contractor's responsibility to inspect and identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practice occurring thereon. The Contract Administrator shall be notified immediately of any unsafe condition that required major correction. During normal hours Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the premises. Contractor shall cooperate fully with the City in the investigation any accidental injury or death occurring on the premises, including a complete written report thereof to the Contract Administrator within five calendar days followin g the occurrence. 3. The Contractor shall comply with the OSHA Standard 29 CFR 1910.1200 Hazardous Communications as it pertains to the training, safety and equipment needed for all employees engaged in custodial service. The Contractor shall be responsible for compliance on date of Contract acceptance and shall provide proof to the City. 4. The Contractor shall furnish to the City copies of Safety Data Sheets (SDS) for all products used prior to beginning service to any facility. The Safety Data Sheets must be organized and include an index. The Safety Data Sheets must comply to the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph G. 5. The Contractor shall comply with the OSHA Guidelines, Title 29 of the Code of Federal Regulation, Part 1910.1200, Paragraph F, concerning the labeling of all chemical containers. The Contractor shall use "caution signs" as required by DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 17 of 40 OSHA Guidelines. The Contractor shall furnish these signs at no additional cost to the City. Caution signs shall be on-site on Contract start date. 6. The Contractor shall comply with the OSHA Standard 29 CFR 1910.1030 Blood borne Pathogens as it pertains to the training, safety, and equipment needed for all employees engaged in custodial service. The Contractor shall be responsible for compliance on date of Contract acceptance and shall provide proof to the City. The custodian is responsible for cleaning bodily fluid spills of a two-foot square area, or less. Immediately notify the Contract Administrator for any bodily fluid spills larger than two feet square. G. Maintenance Schedules: The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Contract Administrator for their review, and if appropriate, their approval, within five working days prior to scheduled time for the work. H. Non-Interference: Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. I. Building Security: The Contractor shall be responsible for the safekeeping of all areas in which janitorial services are performed at times other than the City's regular business hours. This responsibility shall include but not be limited to: (1) barring all unauthorized persons, and (2) locking and securing all doors and windows and turning off lights in these areas when the Contractor leaves the premises, except those lights and equipment designated to be continuously turned on. (3) City Hall shall be unlocked at 7:00 a.m., Monday through Thursday, and shall be locked Monday through Thursday at 6:00 p.m. The Contractor shall follow written instructions for building security and any other security requirements. J. Locks and Keys Requirements: 1. The Contractor will be issued keys or Control Access Cards to all areas in which janitorial services are to be performed. The Contractor shall maintain control over issued keys and cards. 2. Contractor shall be responsible for the series of keys and access cards assigned to them and will in turn assign these keys and access cards to their personnel for use in maintaining this facility. 3. Contractor will be held responsible for the proper use and safe keeping of all keys and access cards issued by the City to the Contractor. 4. Contractor shall report all lost or stolen keys and/or access cards to the Contract Administrator within twenty-four hours of discover of the loss. Contractor shall reimburse the City for the cost as determined by the Contract Administrator of rekeying the facility or duplicating additional keys. 5. Upon termination, cancellation or expiration of the Contract, all keys received by the Contractor shall be returned to the Contract Administrator. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 18 of 40 6. California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of law is either six months imprisonment or a five hundred dollar fine, or both. K. Hours of Work: All janitorial services shall be performed during hours to be agreed upon by the Contract Administrator and on the days identified in the Detailed Specifications, including City recognized holidays for those areas operating seven days per week. Such performance shall not disrupt any City functions or business during the times set forth above. In any event, all required janitorial services shall be completed before the next scheduled workday. L. Schedule of Compensation: 1. Payments will be made by City to the Contractor upon receipt of properly executed invoices and in accordance with the provisions of this Contract. 2. For all services which the Contractor is obligated to perform under the terms of this Agreement, the City shall pay to the Contractor a monthly price per facility as set in the Contract. 3. Payments shall be made upon submittal of a detailed monthly statement to the Director of Maintenance and Facilities of the City of Palm Springs. Said statement shall be submitted within two weeks following the end of the billing period defined as a calendar month. 4. Prior to City payment of the monthly statement the Director of Maintenance and Facilities shall review and approve payment based on the satisfactory completion of service. Payment shall be issued within thirty (30) days of receipt of the monthly statement after services have been rendered. Payments shall not be made in advance of services performed. 5. Monthly price shall be the same for each month of the year regardless of the number of workdays in the month M. Deductions, Adjustments and Damages: The City shall have the right to assess damages for breach of the Contractor’s obligations. The exercise of its rights shall not preclude the City’s right to terminate or revoke the agreement. Deductions and adjustments (as a credit to the Contractor’s invoice) are a valid right of the City. Typical scenarios in which deductions may be taken and the method of their application include, but are not limited to: 1. If the Contractor fails to perform the work required to achieve the quality specifications, the following schedule of deductions will be: 0-3 deficiencies in a building per month No deductions 4-6 deficiencies in a building per month 10% of monthly building cost 7-9 deficiencies in a building per month 20% of monthly building cost 10+ deficiencies in a building per month 40% of monthly building cost DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 19 of 40 2. For costs expended by the City to achieve the specifications, the deduction will be 100% of the additional cost to City; 3. For damages caused by the Contractor, its employees, or others under its supervision to City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees, visitors, or licensees, the deduction will be 100% of said damages. In addition to the above, the City shall have the right to deduct monies as a credit from any monthly payments, otherwise due to the Contractor, as may be deemed necessary to protect the City against failure by the Contractor to perform Contractor’s obligations, without revoking or terminating the contract. The City is not restricted to any certain type of inspection to determine if specifications have been achieved. The City may adopt or change inspection method(s), quality assurance procedures, and increase or decrease the degree of inspection based upon contract modifications, lessons learned, technological changes, inspection documentation and changes to Contractor’s quality control system. 1.5 Location And Total Area To Be Serviced: The total area to be serviced is estimated at 223,081 square feet with the following breakdown per facility: Location Frequency Units Animal Shelter 4904 sf General, Executive and Lobby Areas  7 days/wk. (including holidays) Kitchen/lounge  7 days/wk. (including holidays) Restrooms  7 days/wk. (including holidays) Annual Cleaning 4/year (February, May, September, and December) City Hall 36,536 sf General, Executive, Conference Rooms, and Lobby Areas 5 days/wk. (M-F including holidays) Kitchen/lounges 4 days/wk. (M-Th) Restrooms 5 days/wk. (M-F including holidays) Annual Cleaning 4/year (February, May, September, and December) City Yard 5,400 sf General, Executive and Lobby Areas 4 days/wk. (M-Th) Kitchen/shop breakrooms, large breakroom, Lead Worker offices, locker rooms, weight room 4 days/wk. (M-Th) Restrooms 7 days/wk. Annual Cleaning 4/year (February, May, September, and December) DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 20 of 40 Demuth Community Center 12,600 sf General, Executive and Lobby Areas 7 days/wk. (M-Sat) Restrooms (5) 7 days/wk. (M-Sat) Annual Cleaning 4/year (February, June, and October) Desert Highland Center 10,215 sf General, Executive and Lobby Areas 5 days/wk. after 7:00pm Kitchen, Lounge, Locker, Game Room, Meeting Room, and Weight Room Areas 5 days/wk. after 7:00pm Restrooms 5 days/wk. after 7:00pm Downtown Parking Structure 12,000 sf Belardo Parking Structure 7 days/wk. prior to 7:00am (including holidays) Downtown Parking Structure 11,111 sf Baristo Parking Structure 7 days/wk. prior to 7:00am (including holidays) Downtown Park Police Sub Station 1,585 sf General, Executive and Lobby Areas, Restrooms 7 days/ week including holidays Annual Cleaning 4/year (February, May, September, and December) Downtown Trash/Recycling 180 bins Downtown Trash/Recycling  5 days/wk. (W, F, S, S, M 3:00pm – 5:00pm and 8:00pm – 10:00pm) including holidays if on scheduled days Fire Station #1 5,364 sf Annual Cleaning 2/year (January and June) Fire Station #2 (admin offices.) 4,160 sf General, Executive and Lobby Areas 4 days/wk. (M-Th) Admin Offices, Kitchen, Supply Room, Conference Room 4 days/wk. (M-Th) Restrooms 4 days/wk. (M-Th) Annual Cleaning 2/year (January and June) Fire Station #2 Suppression 15,449 sf Annual Cleaning 2/year (January and June Fire Station #3 5,807 sf Annual Cleaning 2/year (January and June) Fire Station #4 2,600 sf DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 21 of 40 Annual Cleaning 2/year (January and June) Fire Station #5 3,764 sf Annual Cleaning 2/year (January and June) Fire Training Center 3,750 sf Annual Cleaning 2/year (January and June) Fleet Operations 1,810 sf General, Executive and Lobby Areas 4 days/wk. (M-Th) Kitchen and Lounge 4 days/wk. (M-Th) Restrooms 4 days/wk. (M-Th) Annual Cleaning 4/year (February, May, September, and December) Leisure Center 8,501 sf General, Executive and Lobby Areas 6 days/wk. (M-Sat) Kitchen, Lounge, Dance Studio, Meeting Room, Tiny Tots Room, 6 days/wk. (M-Sat) Restrooms 6 days/wk. (M-Sat) Annual Cleaning 4/year (February, May, September, and December) Main Library 33,920 sf General, Executive and Lobby Areas 6 days/wk. (M-Sat) Kitchen, Lounge, Learning Center 6 days/wk. (M-Sat) Restrooms 6 days/wk. (M-Sat) including a mid-day refresh Annual Cleaning 4/year (February, May, September, and December) Pavilion 18,736 sf General, Executive and Lobby Areas 7 days/wk. (including holidays) Kitchen, Lounge, Stage, Dressing Room 7 days/wk. (including holidays) Restrooms 7 days/wk. (including holidays) Annual Cleaning 4/year (February, May, September, and December) Police Department 42,425 sf General, Chief’s Office, Executive and Lobby Areas 7 days/wk. (including holidays) Records, Communications Center, all Kitchenettes, Locker Rooms, All Restrooms including Training Center “Public Restroom”, Communication Centers, Chief’s office, Locker Rooms, and Back Hallway 7 days/wk. (including holidays) Weight Room 1 day/wk DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 22 of 40 Training Offices near Canine Field, Stairwells on north and south sides 3 days/wk Training Center 2 days/wk Tuesday & Thursday Afternoon Jail/Booking Area As requested by staff Annual Cleaning 4/year (February, May, September, and December) Plaza Theater 11,000 sf General, Executive and Lobby Areas 4 day/month Restrooms, Stage, Green Room, Dressing Rooms 4 day/month Annual Cleaning 4/year (February, May, September, and December) Rudy's Store 900 sf General, Restroom 1 day/wk. (September 1st - June 1st) 1 per/month (June 2nd – August 31st) Restroom 1/day/wk. (September 1st- June 1st) Special Programs Compliance 1,200 sf General, Executive and Lobby Areas 7 days/wk. (Including holidays) Annual Cleaning 4/year (February, May, September, and December) Swim Center 1,320 sf General, Executive and Lobby Areas 7 days/wk. (including holidays) Kitchen, Locker, and Areas 7 days/wk. (including holidays) Restrooms 7 days/wk. (including holidays) Annual Cleaning 4/year (February, May, September, and December) Train Station 120 sf Restroom 6 days/wk. (M-Sat) Annual Cleaning 4/year (February, May, September, and December) Welwood Murray Library 4,300 sf General, Executive and Lobby Areas, Cornelia White Community Room 7 days/wk. (including holidays) Restroom 7 days/wk. (including holidays) Annual Cleaning 4/year (February, May, DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 23 of 40 September, and December) Village Fest Restroom Trailer 160 sf Restrooms 1 day/wk. (Friday mornings) Park Restrooms Daily (including holidays) Demuth Park-5 Restrooms 7 days/wk. (including holidays) Desert Highland Park-1 Restroom 7 days/wk. (including holidays) Ruth Hardy Park-1 Restroom 7 days/wk. (including holidays) Sunrise Park-1 Restroom 7 days/wk. (including holidays) Victoria Park-1 Restroom 7 days/wk. (including holidays) Downtown Park-1 Restroom 7 days/wk. (including holidays) 1.6 Supplies To Be Provided By Contractor: Contractor's base price shall include rest room supplies to be supplied in sufficient quantities as to be continuously available in all rest rooms included in this Contract. Supplies and products shall be subject to the approval of the City's Director of Maintenance & Facilities. Supplies shall include the following: Rest Room Supplies: • Toilet Tissue, two ply – adequate to restock each dispenser twice a day • Hand Towels – adequate to restock each dispenser twice a day • Commode seat covers – adequate to restock each dispenser twice a day • Commode and urinal deodorant bars • Hand soap, lotion – adequate to restock each dispenser twice a day • Hand soap, foam – adequate to restock each dispenser twice a day • Air Fresheners • Waterless Urinal Cartridges • Urinal Seal Oil (Paper products need to be 30% recycled content) Other Supplies: • Plastic Trash Liners (for ALL waste receptacles) • Cleaners – Green Certified Products as applicable • Disinfectants & Antimicrobial cleansers • Strippers & Waxes DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 24 of 40 • Trash Bags for sanitary napkin disposal bins • Graffiti Remover • D Cell Batteries Green Products: The City of Palm Springs is concerned with providing and maintaining a clean and safe environment for its employees, City Officials, and visitors. Therefore, the Contractor shall be required to implement a cleaning program where all chemicals and products will be classified as “Green”. “Green Products” are described as those that are safe for the environment and safe for the end user. It is understood that not every cleaning function has an appropriate “green product”, but the Contractor should routinely monitor the market for newer and safer chemicals to reduce employee and visitor exposure.  The Contractor shall take a pro-active role to achieve compliance in this area. In any event, the Contractor will provide the Director of Maintenance & Facilities with a complete list of cleaning products designating each product as green or non-green and the SDS sheets as required. All products shall be subject to approval by the City for their compliance with this requirement. The City shall determine which certifications and or seal of green certifications are acceptable 1.7 Standards And Frequency Of Janitorial Services For Specific Locations: The following standards shall be used by the Contract Administrator in evaluating custodial service: 1. Dusting – A properly dusted surface is free of all dirt and dust, streaks, lint, and cobwebs. Dusting will be accomplished with properly treated cloths. 2. Plumbing Fixtures and Dispenser Cleaning – Plumbing fixtures and dispensers are clean when free of all deposits and stains so that the item is left without dust, streaks, film, odor, or stains. Minor blockages from toilets, urinals, and sinks cleared with plunger. 3. Sweeping/Vacuuming – A properly swept floor is free of all dirt, grit, lint, insects, and debris, except embedded dirt and grit. 4. Spot Cleaning – A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks. 5. Damp Mopping – A satisfactorily damp mopped floor is without dirt, dust, marks, film, streaks, debris or standing water. 6. Metal Cleaning – All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright appearance. The cleaner used is to be removed from adjacent surfaces. 7. Glass Cleaning – Glass is clean when all glass surfaces are without streaks, film, deposits, and stains, and have a uniformly bright appearance and adjacent surfaces have been wiped clean. 8. Floor Finish Removal (Stripping) – Removal is accomplished when surfaces have all finished removed down to the flooring materials including baseboards, are free of dirt, stains, deposits, debris, cleaning solution and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick-up must follow finish removal operation immediately. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 25 of 40 9. Finished Floor (Application) – A floor is satisfactorily finished when all old wax/polish has been completely removed, including in corners and along edges and sufficient coats of sealer and wax/polish have been properly applied with enough drying time between each coat to assure no streaking, bubbling, or yellowing. 10. Scrubbing – Scrubbing is satisfactorily performed when all surfaces are without embedded dirt, cleaning solution, film, debris, stains, and marks, or standing water and the floor has a uniformly clean appearance. A plain water rinse must follow the scrubbing process immediately. 11. Buffing of Finished Floor Surfaces – All finished floor areas will be spray buffed sufficiently for maximum gloss, removal of surface dirt and have a uniform appearance. Only non-skid and City approved spray-buff products shall be used. 12. Wall Washing – After cleaning, the surfaces of all walls, ceilings, exposed pipes, and equipment will have a uniformly clean appearance, free from dirt, stains, streaks, lint, and cleaning marks. Painted surfaces must not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces must be bright, free of film streaks and deposits. 13. Spot Cleaning Carpets – A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills. Care will be taken to use a product that will not harm the carpet fibers. 14. Janitorial Personnel – There is to be a janitorial person available during normal business hours Monday through Friday. Transportation is to be provided by the vendor/ personnel. 15. Pressure Washer – Pressure washer shall be either truck or trailer mounted and will have a burner to provide hot water 16. Welwood Murray Library – There are approximately 65 patrons per day that visit the Welwood Murray Library however there is no public restrooms made available for these patrons, only a staff restroom. 17. Public Restrooms – Engineering and Planning receives approximately 900-1000 patrons per month that will impact the public restrooms outside of the Engineering and Planning Building. Approximately 400 patrons per day visit the Police Department. 18. Swim Center – The Palm Springs Swim Center September thru May: Receives 75- 150 patrons daily depending upon swim teams. June through August, Monday through Friday approximately 400 plus patrons visit daily. Weekends have less traffic as there are no summer camps using the pool. 19. Parking Structures – There are two City owned Parking Structures Downtown: The Belardo Structure and the Downtown Baristo Structure. Belardo has 1 stairwell, 1 elevator, and 20 trash bins. Baristo has 3 elevators, 3 stairwells, 1 trash enclosure, 1 alley way, and 1 driveway. 20. Desert Highland Unity Center – There are approximately 100 users both male and female, Monday thru Friday that utilize the facility. Saturday and Sunday there are approximately 200-300 patrons at the facility 21. Leisure Center – For all classes, staff, and parents, approximately 150-200 patrons per day utilize this center. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 26 of 40 22. Plaza Theater – The Plaza Theater has 850 seats and is utilized for special events such as films, lectures, and concerts. 23. Demuth Community Center – The Palm Springs Demuth Community Center receives 75-100 patrons a day. 24. Village Fest Restroom Trailer – Every Thursday during the Village Fest event, approximately 700+ patrons utilize the restroom trailer facility. Village Fest ends at 10:00PM every Thursday evening. General, Executive and Lobby Areas: Animal Shelter, City Hall, City Yard, Demuth Community Center, Desert Highland Center, Downtown Park Police Substation, Fire Station #2 (admin offices), Fleet Operations, Leisure Center, Main Library (includes all areas of the Library), Pavilion, Police Department, Special Program Compliance, Swim Center, Welwood Library 1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners, toilet paper and paper towels. Remove trash to main waste storage area. 2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas. 3. Clean and disinfect with damp cloth counters, and glass tops. 4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc. 5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass. 6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc. 7. Dust mop hard surface floors; including stairs and landings. 8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc. 9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks. 10. Clean main entry door glass inside and out; spot clean other entry door glass. 11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine. Weekly – To be Cleaned on Thursday: 1. Dust thoroughly desks (except when laden with paperwork), tables, bookcases, lamps, and other office furniture. 2. Clean and mop all hard surface floors; insure high gloss shine. 3. Spot clean and damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats, and arms. 4. Dust doors and door frames. 5. Clean entry door metal, receptacles, and thresholds. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 27 of 40 6. Spot clean and vacuum carpeting (prior to 7:00 AM or after 6:00 PM). 7. Damp wipe tables, tabletops and chairs and chair legs. *Please note the Section 1.4 Special Requirements, B, 3, for contractor’s employees working in Police locations. Kitchen, Lounge, Locker, Weight: Animal Shelter (no locker/weight rooms), City Hall (no locker/weight rooms), City Yard, Desert Highland Center, Fire Station #2 Admin. Area, Fleet Operations (no weight room), Leisure Center (no locker rooms/weight rooms), Main Library (no locker/weight rooms), Pavilion (no locker/weight/lounge rooms), Police Department, Swim Center (no weight room). 1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area. 2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas. 3. Clean and disinfect with damp cloth all counters, sinks and glass tops. 4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc. 5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass. 6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc. 7. Dust mop hard surface floors; including stairs and landings. 8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, et c. 9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks. 10. Clean main entry door glass inside and out; spot clean other entry door glass. 11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine Weekly – To be cleaned on Tuesdays (or other day mutually agreeable with the Contractor and City): 1. Wipe clean sinks, drain boards, microwaves, and counter tops. 2. Damp wipe tabletops and chairs. 3. Sweep and damp mop floors. 4. Vacuum carpeting. 5. Damp wipe and clean tops, sides, and fronts of appliances (stove, refrigerator, dishwasher, microwave oven). Plaza Theater: Weekly to be cleaned on Mondays 1. Restock, clean, and disinfect all restrooms DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 28 of 40 2. Vacuum lobby and aisles, both upper and lower sections 3. Dust front lobby area, clean front counters, clean and dust green room, dressing rooms 4. Sweep stage 5. Empty trash, inside and outside 6. Pressure wash front entrance 7. Clean and sweep upper outside balcony for trash and debris. Remove all cobwebs. 8. Clean front windows, ticket booths, outside billboards Plaza Theater: Annual Cleaning 4 Times Per Year 1. Strip, scrub and rewax bathroom flooring. 2. Clean all seat cushions with upholstery extraction cleaner, wipe down all arms, legs of all seats. 3. Clean all carpet using carpet extractor. 4. Dust all walls in the lobby, green rooms, dressing rooms. 5. Clean and mop floors in green room, dressing rooms and stage. 6. Dust and damp wipe all push-plates, kick-plates, baseboards, and molding throughout the theater. 7. Dust and clean light fixtures in the lobby. 8. Dust, clean ticket booths, windows, and outside billboards. 9. Vacuum and clean all hallways. 10. Clean and sweep upper outside balcony for trash and debris. Remove all cobwebs. Restrooms: 1. Empty and wipe clean (inside and out) all waste containers and remove trash to main waste receptacle. 2. Empty sanitary napkin containers and replace liner. 3. Polish all metal, mirrors, and dispensers. 4. Clean and disinfect: Wash basins, counter tops, shower stalls toilet bowls (including underside and tops of seats) and urinals. 5. Spot clean walls around wash basin, dispensers, and other fixtures. 6. Clean floor with germicidal solution. 7. Refill soap, sanitary napkin, towel, tissue, and toilet cover dispensers. 8. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine. 9. Graffiti removal in all public restrooms. 10. Minor blockages cleared with plunger in all toilets, urinals, and sinks Weekly – To be cleaned on Tuesday (or other day mutually agreeable with Contractor and City): DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 29 of 40 1. Wash down tile walls and toilet partitions. 2. High dust restroom walls. 3. Pour water down floor drains. 4. Clean appropriately rest room chairs, sofas, and other furniture. Parks Restrooms: 1. Pick up all trash on floors counters, sinks, urinals 2. Polish all metal, fixtures, mirrors, and dispensers 3. Clean and disinfect wash basins, counter tops, toilet bowels (including underside and tops of seats) and urinals (including front and underside of urinals. 4. Spot clean walls around sinks, toilets, urinals, dispensers, and other fixtures. 5. Refill soap, toilet paper, and set covers. 6. Clean floor with germicidal solution. 7. All tile flooring must be buffed on as “as needed” basis to insure high gloss shine. 8. Remove all graffiti 9. Minor blockages cleared with plunger in toilets, urinals, and sinks. For blockages that are unable to be cleared the fixture must be bagged over and reported to the Contract Manager or their designee for repair. 10. Restrooms to be cleaned after 10:00pm when Park closes and locked by custodial staff Weekly – To be cleaned on Tuesday (or other day mutually agreeable with Contractor and City): 1. Wash down tile walls and toilet/urinal partitions 2. High dust restroom walls 3. Pour water down floor drains Baristo Parking Structure: 1. Steam Clean/Pressure Wash All Stairwells. 2. Clean the interior and exterior of all elevators. Polish all metal surfaces. 3. Steam Clean/Pressure Wash trash enclosure(s). 4. Steam Clean/Pressure Wash the alleyway leading to trash enclosure and adjacent to parking structure. 5. Steam Clean/Pressure Wash the walkway from the parking structure that leads to adjacent street. 6. Mop hard surface floors in all elevators. Remove all gum, tar, etc. from floor. 7. Graffiti removal from elevators. 8. Debris removal throughout structure Belardo Parking Structure: DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 30 of 40 1. Steam Clean/Pressure Wash stairwell which is adjacent to the elevator on the sout h side of the structure. 2. Clean the interior and exterior of the elevator. Polish all metal surfaces. 3. Mop the elevator floor and remove all gum, tar, etc. from floor. 4. Remove all graffiti from elevator 5. Empty all trash bins in the north and south sides of the structure. All levels. 6. Pick up all debris, trash, etc. in the north and south sides of the structure. All levels Police Records, Communications, and Main Lobby Areas: 1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area. 2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas. 3. Clean and disinfect with damp cloth all counters, public telephones, and glass tops. 4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc. 5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass. 6. Vacuum carpeting (prior to 7:00 AM or after 6:00 PM); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc. 7. Dust mop hard surface floors; including stairs and landings. 8. Mop hard surface floors where needed for drink spills, mud, remove gum, tar, etc. 9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks. 10. Clean main entry door glass inside and out; spot clean other entry door glass. 11. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine Weekly – To be cleaned on Friday: 1. Dust thoroughly desks (except when laden with paperwork), tables, bookcases, lamps, and other office furniture. 2. Damp mop all hard surface floors, including Police Department stairs and stairwell. 3. Damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats, and arms. 4. Dust door and door frames. 5. Clean entry door metal and thresholds. 6. Vacuum carpeting (prior to 7:00 AM and after 6:00 PM) except Communications area. 7. Clean reception area partition glass, inside and out. 8. Damp wipe elevator car walls and handrails. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 31 of 40 9. Vacuum elevator car floor and tracks. 10. Damp wipe stairway handrail. Weekly – To be cleaned on Wednesday or Thursday (between 1:00 AM – 5:00 AM): 1. Vacuum carpeting in Communications area. Downtown Trash/Recycling (Palm Canyon Drive from Vista Chino to Baristo Road) from 3:00 PM – 5:00 PM and 8:00 PM – 10:00 PM: 1. Empty trash and recycle bins when full or more than half full (approx. 180 bins). 2. Pick-up trash from around trash cans. 3. Steam Clean/Pressure Wash spills around trash and recycle bins on an “as needed” basis. All Locations (to be cleaned monthly during the first week of the month): 1. Dust mop spot clean and vacuum entire floor area. 2. High dust wall and ceilings. 3. Vacuum air grills. 4. Dust pictures, frames, clocks, panel boxes, fire extinguisher and other wall fixtures. 5. Dust sides and tops of all lockers, file, and storage cabinets; dust windowsills, shelves, and other ledges. 6. Polish meeting room and public area tabletops. 7. Clean public access partition glass inside and outside. 8. All vinyl and tile floor must be buffed on an “as needed” basis to insure high g loss shine. Annual Cleaning: 1. Strip, scrub and re-wax vinyl, tile and terrazzo floors with pre-approved product designated for type of flooring. 2. Scrub, mop, and re-seal wood floors with pre-approved product designated for type of flooring. 3. Dust with a treated cloth wall paneling. 4. Vacuum all fabric 1) walls, 2) furniture and 3) drapes. 5. Clean and polish all metal furniture. 6. Dust or damp wipe push-plate, kick-plates, and baseboards and moldings. 7. Damp wipe exterior surface of light fixtures. 8. Clean all windows and glass, inside and outside. 9. Clean all vertical blinds. 10. Main Library to include the steam cleaning of all fabric chairs 1.8 Schedule: Work will begin upon issuance of a Notice to Proceed and continue for three years with two one-year renewal options. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 32 of 40 1.9 Compensation: Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month if a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. Contractor to provide to the Director of Maintenance and Facilities detailed invoices to outline work done/completed. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 33 of 40 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 34 of 40 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 35 of 40 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 36 of 40 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 37 of 40 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 38 of 40 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ____X____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 39 of 40 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 Revised 2.9.22 Page 40 of 40 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS 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 ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject 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 holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH-STATUTE PER LIMITSPOLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) POLICY NUMBERTYPE OF INSURANCEINSR LTR OTHER: ANY AUTO AUTOMOBILE LIABILITY (Per accident) (Ea accident) $ $ N / A ADDL SUBR WVD INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CANCELLATION AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER HIRED AUTOS ONLY © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Progressive Commercial Advantage Program (Sep 28, 2022 15:45 MDT) 2323 W Mescal St #205 8 OH 44143 TWC4076669Y 1,000,000 747 Alpha Drive Phoenix 92262 3/02/2023 businessinsurance@email.progressive.com Highland Hts 42376 85029 Palm Springs Verde Facilities Services, LLC 1,000,000 1,000,000 3200 East Tahquitz Canyon Way 09/28/2022 3/02/2022NA Progressive Advantage Agency 1-888-302-8533 AZ Technology Ins The City of Palm Springs CA Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail a 30 days written notice to the Certificate Holder named. Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kinds upon the company, its agents or representative" is not acceptable and must be crossed out. Workers' Compensation policy shall contain the insurer's Waiver of Subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. DocuSign Envelope ID: 22400C53-E166-4408-AEA9-F31194C865C6 W 111391113 A I z32. Technology Insurance Company, Inc. 800 Superior Avenue East, 21st Floor Cleveland, OH 44114 Verde Facilities Services, LLC Attn: Paul Sarzoza 2323 W Mescal St #205 Phoenix, AZ 85029 Insured: Policy Number: Account Number: Policy Period: Broker: Broker Telephone Number: Important information regarding your Workers' Compensation and Employers' Liability Insurance Policy Notice of Cancellation Progressive Advantage Agency, Inc. 747 Alpha Drive Highland Heights, OH. 44143-2124 Verde Facilities Services, LLC TWC4076669 29597883 3/2/2022 to 3/2/2023 12:01 a.m. at the insured's mailing address Progressive Advantage Agency, Inc. (888)302-8533 Date of Notice: 11 n2022 Notice Type: Cancellation Effective Date of Cancellation: 120/2022 12:01 a.m, at the insured's mailing address Endorsement No: 13 Reason: Non Payment of Premium You are hereby notified that in accordance with the terms and conditions of the above mentioned policy, your insurance will cease at and from the hour and date mentioned above due to the reason stated above. On the premium that has been paid, premium adjustment will be made as soon as practical after cancellation becomes effective. A final audit will be done and a bill for the premium earned to the time of cancellation will be forwarded in due course. If you have any questions regarding this notice, please contact your broker or our Customer Service Department at 877-528-7878. By: Authorized Representative To insum proper cm4iL pl, iwlW aus vuu-r wiar your payment Verde Facilities Services, LLC Attn: Paul Sarzoza 13225 W Peck Dr Litchfield Park, AZ 85340 Due Date: Upon Receipt Minimum Payment Due Amount Paid Policy Number EffDate of Cancellation $91,050.00 RECEIVED TWC4076669 l2n/2022 NOV 15 2022 Remit Payments to: AmTrust North America, Inc. P.O. Box 6939 n"v 14119 Cleveland. OH 44101-1939 -`k MP 136399453 WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC 89 06 09 C INSURANCE POLICY POLICY TERMI NATION/CANCELATION/REIN STATEMENT NOTICE Carrier Name/NCCI Carrier Code Insured's Name Federal ID No. Insured's Address Technology Insurance Company, Inc. 39071 Verde Facilities Services, LLC 853782254 13225 W Peck Dr Litchfield Park, AZ 85340 Policy Number Policy Effective Date Policy Expiration Date TW C4076669 3/2/2022 3/2/2023 Term ination/Cancelation/Nonrenewal The coverage provided by the policy number shown above is being terminated/canceled pro rate effective 12/7/2022 12:01 a.m. standard time at the insured's mailing address for the following reason(s): Prem Due $91,050.00 Issue Date Issuing Office Producer's Name Date Stamp (For NCCI use only) y 11 n/2022 800 Superior Avenue East, 21 st Floor Cleveland, OH 44114 Progressive Advantage Agency, Inc. NP 147821295 Technology Insurance Company, Inc. 800 Superior Avenue East, 21 st Floor Cleveland, OH 44114 Verde Facilities Services, LLC Attn: Paul Sarzoza 2323 W Mescal St #205 Phoenix, AZ 85029 Insured: Policy Number: Account Number: Policy Period: Important information regarding your Workers' Compensation and Employers' Liability Insurance Policy Notice of Cancellation Progressive Advantage Agency, Inc. 300 N. Commons Blvd. Mayfield Village, OH. 44143 Verde Facilities Services, LLC TWC4392597 29597883 3/2/2024 to 3/2/2025 12:01 a.m. at the insured's mailing address Broker: Progressive Advantage Agency, Inc. Broker Telephone Number: (888) 302-8533 Date of Notice: 4/21/2024 Notice Type: Cancellation Effective Date of Cancellation: 3/2/2024 12:01 a.m. at the insured's mailing address Endorsement No: 1 Reason: Duplicate Coverage Confirmed You are hereby notified that in accordance with the terms and conditions of the above mentioned policy, your insurance will cease at and from the hour and date mentioned above due to the reason stated above. On the premium that has been paid, premium adjustment will be made as soon as practical after cancellation becomes effective. A final audit will be done and a bill for the premium earned to the time of cancellation will be forwarded in due course. If you have any questions regarding this notice, please contact your broker or our Customer Service Department at 877-528-7878. By: Authorized Representative RECEIVED APR 2 9 2024 N OFFICE OF THE CITY CLERK r� NP 147821295 VORKERS COMPENSATION AND EMPLOYERS LIABILITY WC 89 06 09 VSURANCE POLICY POLICY TERMINATION/CANCELATION/REINSTATEMENT NOTICE Carrier Name/NCCI Carrier Code Technology Insurance Company, Inc. 39071 Insured's Name Verde Facilities Services, LLC Federal ID No. 853782254 13225 W Peck Dr Insured's Address Litchfield Park, AZ 85340 Policy Number Policy Effective Date Policy Expiration Date TW C4392597 3/2/2024 3/2/2025 Termination/Cancelation/Nonrenewal The coverage provided by the policy number shown above is being terminated/canceled flat rate effective 3/2/2024 12:01 a.m. standard time at the insured's mailing address for the following reason(s): Duplicate Coverage Confirmed Issue Date Issuing Office Producer's Name Date Stamp (For NCCI use only) 4/21 /2024 800 Superior Avenue East, 21 st Floor Cleveland, OH 44114 Progressive Advantage Agency, Inc. R � �. FARMERS INSURANCE Notice of Cancellation This notice is issued by: FARMERS INSURANCE EXCHANGE Date: 02/27/24 Property Location: (if other than shown below) Poky Or Certificate Number(s) Agent Number (ancelldon Date 60698-08-41 88-19-3V1 02/17/24 Named Insured And Mailing Address: VERDE FACILITIES SERVICES LLC VERDE FACILITIES SERVICES 2323 W MESCAL ST STE 205 PHOENIX AZ 85029-4764 Notice of Cancellation Of Mortgagee Or Other Interest ® You are hereby notified, that all coverage extended to you under the above listed policy is cancelled effective on the cancellation date shown above at the time specified in the Declarations of this policy, unless you have been notified of a more recent cancellation under other provisions of the policy. ❑ You are hereby notified that all coverage extended to you under the above policy(ies) or certificate(s) on: is cancelled effective on the cancellation date shown above at the time specified in the Declarations of this policy, unless you have been notified of a more recent cancellation under other provisions of the policy. Note to Mortgagee: Your loan with this policyholder may have expired, however, this notice complies with the provision of our policy. Loan Number: Mortgagee or Other Interest: THE CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 25-5096 "2 MORTGAGEE, BUREAU, COMMISSIONS OR OTHER INTEREST COPY RECEIVED MAR 0 6 2024 City Hall Reception Desk A5096131 ►� PRODUCER#: 1588193V1 >♦ KARA KNIGHT FARM E RS POBOX808 INSURANCE BUCKEYE AZ 85326 THE CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRI NGS CA 92262 60698-08-41 02/27/24 00:31:40 6069808410024 RIC90 CANCELLATION NOTICE CM220 15 ADDMDIR6X9 ADDMDIR6