2003-099- Awarding A Contract To Star Time Building Maintenance For Project 0410 Custodial Services ContractRESOLUTION 2003 - 99
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AWARDING A CONTRACT TO
STAR TIME BUILDING MAINTENANCE
FOR PROJECT 0410
CUSTODIAL SERVICES CONTRACT
WHEREAS, proposals were sought in conformance with State and Town law for Project
0410 - Custodial Services Contract; and
WHEREAS, Star Time Building Maintenance submitted a proposal which the Town
Council deems to be the most responsive to the Town's solicitation dated in June, 2003,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos, County of Santa Clara, State of California, that Star Time Building Maintenance is
declared to be the lowest responsible bidder for Project 0410 - Custodial Services Contract.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute a custodial services contract (Attached as Exhibit A) on behalf of the Town
in the amount of $95,983.20.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 18, day of August, 2003, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
MAYOR UP THE TOWN OF LOS GATOS
LOS GA f OS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
Section 3
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and
Star Time Building Maintenance (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 #
04 -10 Contractual Custodial Services to maintain interior, and exterior building facilities at the CIVIC CENTER,
DOWNTOWN NEIGHBORHOOD CENTER, SERVICE CENTER, POLICE DEPARTMENT ANNEX, in
accordance with the Contract Documents, as may be modified by negotiations between Owner and the
Contractor.
3 -02. CONTRACT PRICE
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 or
obstructions which may arise or be encountered in the 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.
2. 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 -84-
100 Index. Contractor shall be responsible to submit a written notice 60 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 197.3 as of April, 2003.
3. Town Council Budget 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 this 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.
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 the 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. BEGINNING 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 August 1,2003 and end on June
30, 2004, with second and third year renewal based on performance evaluation.
Exhibit A
3 -06. TERMINATION OF P SEMENT
I
1. 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 days written notice.
2. Failure to Meet Security Clearance Requirements. Failure to meet security clearance
requirements shall be grounds for termination on 30 days written notice by Owner.
3. Termination Without Cause. The Owner may terminate this Agreement without cause on 30
days written notice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day of , 200_.
TOWN OF LOS GATOS, by: CONTRACTOR, by:
Debra J. Figone, Town Manager Signature
Recommended by:
John Curtis
Director Parks & Public Works Department
Print Name
Title
Approved as to form:
Orry P. Korb, Town Attorney
ATTEST:
Marian V. Cosgrove, Town Clerk
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Attachment 2