2000-093-Authorizing Execution Of An Agreement With Trend Building Services For Project 00-11 Contract Custodial Services
RESOLUTION 2000 - 93
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING EXECUTION OF AN AGREEMENT W'IT'H
TREND BUILDING .SERVICES FOR PROJECT 00-11
CONTRACT CUSTODIAL SERVICES
WHEREAS, proposals were sought in conformance with State and Town law for
Project #00-11 -Contract Custodial Services; and
WHEREAS, Trend Building Services of San Jose submitted a proposal which the
Town Council deems to be the most responsive to the Town's solicitation dated March 31, 2000.
NOW, THEREFORE, BE IT RESOLVED by the Town Council ofthe Town of
Los Gatos, County of Santa Clara, State of California, that 1) the proposal for contract custodial
services submitted by Trend Building Services of San Jose is accepted by the Town,. and 2) the
Town Manager is authorized to enter into the attached Agreement with Trend Building Services.
PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 10th day of July, 2000, by the following vote:
COUNCIL MEMBERS.:
AYES: -Randy Attaway, Linda Lubeck, Joe Pirzynslci,
Mayor Steven Blanton
NAYS: None
ABSENT: Jan Hutchins
ABSTAIN: None
SIGNED:
OS
.ATTEST.:
l'~./
CLERK OF THE TOWN OF L GATOS
LO~~ GATOS, CALIFORNIA
LOS GATOS, CALIFORNIA
SECTION 3 -AGREEMENT(
Section 3
AGREEMENT
~~:~~ lob
THIS IS AN REEMENT' etween the Town of Los Gatos (hereinafter referred to as "Owner") and
~' ,yD ~,; {.hereinafter referred to as "Contractor")..
Owner and Contractor, for the consideration hereinafter named, agree as follows:
3-01. SCOPE OF WORK
Contractor shall furnish all. materials and perform all of the work for PROJECT # 00-11 Contractual
Custodial Services to maintain:interior, and exterior building facilities AT THE CIVCC CENTER,
DOWNTOWN 'NEIGHBORHOOD CENTER, SERVICE CENTER, in accordance with the Contract
Documents, as may be modified by negotiations between Owner and the Contractor.
3-02. CONTRACT PRICE
A. First Year
As full compensation for furnishing all materials and equipment and for doing all the work
contemplated and embraced in this agreement, also for all loss or damage arising out of
the .nature of the work aforesaid, or from the actions of the elements., or from any
unforeseen difficulties orobstructions which may arise or'be encountered inthe.prosecution
of the work until its acceptance by Owner, and for all risks of every description connected
with the work, also for all expenses incurred by or in consequence of the suspension or
discontinuance of work, and for well and faithfully completing the work, and the whole
thereof, in the manner and according to the Contract Documents, Owner shall pay the
amount specified. by Contractor in Contractor's Proposal Form, or the amount that may be
negotiated between Owner and Contractor pursuant to this request for proposals.
'B. Successive Years
One year from the date of this agreement and each anniversary thereafter, the monthly
price paid for such services shall be~ adjusted upward or downward, increased or
decreased, according to the percent change in the'U,S. Department of Labor, Bureau of
Labor Statistics Consumer Price Index, All Items, All Urban. Consumers, San francisco-
Oakland-San Jose, 1982-134-100 Index. Contractor shall be responsible to submit a written
notice sixty days in advance requesting an adjustment to the current index. The index used
shall be that issued for all items of each year.. The beginning index is 479.1 as of July,
1999.
C. Town Council Budoet Discretion
The authority to determine annual budgets for Owner is vested by law with the Town
Council of the Town of Los Gatos. Nothing in this agreement shall bind the Town Council
to budget funds in successive fiscal years for payment of services under his agreement,
and the Owner reserves the right to terminate this agreement without consequences to the
Owner in the event the Town Council determines in the future not to budget funds for this
agreement.
awis.a oano.r x7. ,999 Page 3-1
fxhi bi t A
SECTION 3 - AGREEMENT
3-03. CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are fully set forth and described in the Contract
Documents, All parts of the Contract Documents are intended to be correlated so that any work called
for in one part and not mentioned in the other, or vice versa, is to be executed he same as if
mentioned in all said documents. The Contract Documents are defined in Section 4-01:A of these
Specifications and are .incorporated herein 'by reference the same as though set out in full.
3-04. BEG'IN'NING OF WORK
Following the execution of this agreement .and the approval of bonds and insurance policies and
certificates, Owner shall issue a Purchase Order. Commencing work or the entrance of equipment
or materials on the site of the work by Contractor before receipt of the Purchase Order is at the sole
risk and expense of Contractor, and the Contractor shall be fully liable for any damage or injury
sustained by Owner or third persons resulting therefrom.
3-05. TERM OF THIS AGREEMENT
The term of this .agreement shall begin on Jul 1. 2000 and end on .June 30, 2002 unless
modified with the consent of both parties.
3-06. TERMINATION OF AGREEMENT
A. Failure. to perform satisfactorily -All work shall be performed to the satisfaction of the
Director of Parks and Public Works. If performance is not satisfactory, Owner shall give
Contractor written notice including a reasonable time (15 days) for meeting the necessary
standards. If Contractor fails to perform satisfactorily after written notice, Owner may
terminate this agreement on five (5) days written notice..
B. Failure to meet security clearance requirements -failure to :meet security clearance
requirements shall be grounds for termination on thirty (30) days written notice by Owner.
C, Termination without cause -The Owner may terminate this agreement without cause on
thirty (30) days written notice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
of ~ 19
TOWN DF LOS GATOS
By
a.vn.d oaoo~r 27. t999
Town Manager
Page 3-2
SECTION 3 -AGREEMENT`
CONTRALTO
By
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Business Address
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APPROVED AS TO FORM:
ORRY P. KORB
Town Attorney
ATTEST:
'MARIA'N V. COSGROVE
Town Clerk
RW~Nd OCtoWr 27. 1999
Page 3-3
Town-Owned ~ust~r._al Bauipment to be Disposed ~
Premier Floor Machine with solution tank Modei PR.17E serial #16950k.
Easterday high speed buffer Model ED-21 Serial #A23332.
Hild Super -Deluxe high -speed polisher Model HI-20 Serial #111887
Hoover Carpet Soil Exractor Model C3007-001 Serial # 01209
Advance Carpet Extractor Model PTST6 Serial # 325257