Attachment 2f I' cJ 15-.,:;l.ol
ll ,_
ACREEME�'l' l'QR SE;RVlCES )!H)
THIS AGREEMENT is dated for identjfit::fltion this 16th of September, 2015 and is made by artd between TOWN OF LOS GATOS, a Califomia mtmJcipal corpotafi0.n, {'''ToWrt') and. Su:pnyv�le Building Maintenance f ·service P.r(.wid�r •• J, whose addfoss is 1161 Ringwood Court, Suite· 150,
San Jose. CA95 l3 l. Tb.is Agteement. is111ade wit11t'eferenae to th� folloWing facts.
I.RECITALS
1.1 ·The Town desires to ertgageSemceProvidertoprovide contract custodial services at Town faciHties.. · ·
1.2 The Service Provi_der repres�nts �nd ·<1ffirtt1s th�t it fa Willing to perf o:rm the desired work pursuant to this Agreement. · · · ·
l .3 Service Provider warrants it posses.s� the di.stinct pt:Of<issiortal skills, .qualifications, experienc.e, and reSQurces necessary to timely perform the services described in this
Agreement. Service J>tovid.er �ekno:wJcdges 'Iowrt has relied upon these warranties tJ:>retain Service Provider.
2J. Scope of Servicefi, Service Provider shall pr<Wide services as desctibed in. that cettain Proposal sent to the To\vn on August 24, 201 s. whic.h is hll!reby incorporated by reference and attached as Exhibit A.
2.2 Term ofAgreehleilt the effective d�te ofth1� .Agreement shall be October 1, 2015. The
term of the Agreement shall be tor a perig,J offoµr y!;lat's, e<.ltn1t1eqcing · October l, 2015, @d expiring at midnight June 30) 2019'.
2.3 Co1npliartce with Laws. The Service Provirler ,shall comply with all .appliqable laws, codes,
ordi1iances,, antl regufot1ons of goveming t'ed�:raL State and local laws.. Service. Providerrepresents and warrants · to Town th�t i,t bas all lfo;en:ses, pennits, qualifications and
approvals of whatsoever. nature which are legally required for Service Provider to practice its profession. Service Provicler shall tnaiiitain a. Town ·of Los Gatos business license pursuant to Chapter 14 of tlte Code .oftheTown of Los Gatos.
2.4 Sole Responsibility., Service Provider shaIJ ·b:e responsible for ¢mpfoyiilg or engaging all petsorts necessary to p.etfl)rtn th¢' services under this Agreement.
2.5 hifQmi.arion/Report Handling. All documents. furnished to Service Provider by the TCJwn
and all reports µnd sµppo1tive data. pt�pared by the $:ervi9c Provj<f¢r under this Agreement are the Towtt's property and shall be delivered to the To:Wn 1Jpon the completion of se-rvices or at the Town;s writt� tequ¢st All reports, infotmatiort, data. and exhibits prepared or assembled by Service Provider in connecti()rt wlfb the p�rfo1man<;e of its service$ pursµant to this: Agreement are confidential until released by the Tt)\Vtl to the public; and the Service Provider shall not make (Jny n.f the thflse documents ot i11fotn:1ation available to any
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ATTACHMENT 2
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service, Provider has ro1d shaH :not -0btai11 a�y holding or itlt�rest
within the Town of Los Gatos. Service: Provider .has no .business holdings or agreements with any inqividual m¢mb�r oft'�� St):iff or iiJatnrgement o:t!he Town or its tepresentatives
nor shall it enter .into any such holdings :or agreements. In addition, Service Provider
warrants that it does. '1'1ot presently and shall not acquire any direct or indirect interest
adverse to those of th� Town ill the sqbj,ept .of this Agre�ment, and it shall immedi&tely
disassociate. itself from such· an interest, should it discover it has done so and shall. at the
Town's sole clis�11}tiQn, div¢st itself of su�.h i11tere$t. Servi® Provjder �hall not knowingly
and shall take .reasonable steps to ensure that it does nor employ a person JJaving such an
interest in this performance of this Agreement. If after employment of a petson. Service
Provider discovers it has employed a p�rson with a d:ireci ·or indirect interest that would
c-0nflict with its perfonnance of this Agreement Service Provider shall promptly notifyTown of this employment relatjo:nship, �Q,cl shall, at the Townts sole discretion, sever any such employmentrefationship.
2.12 Equal Employment 01mortuni1y. S:ervice Provider warrants that it is, an equal opportunity employer $cl shalJ tomply with app'li�able regulations 1iovetning equal employment
opportunity. Neither Service Providt:,t nQt its subcontractors do a11d neithet shall
discriminate aga:inst persons employed or seeking ,employment with them on the has.is of
a,ge, sex, color:, ra.ce,> marital statu.sf sexual. o;:ievtation. ancestry, physical or mental
disability, national origin; religion, or medical condition; 'µnless based l,lp<:>n a b()na fide
occupational qualifivJ1tion pttrsll,mt to the Califumfa.Fair Emplotment& Housing Act.
· III. lNSURANCEAND: INDEMNIFICATION
3.1 MinhnumScope o.finsuranue:
1. Service Provider agrees tp have wid maintain,, for the dur1,ttion of the
conttacr. General Liability jnsuranci policies insuring him/her and. his/herfinn to.an amount np( l¢S:S than:: one rnillip,tr doUars($.l,OOQ,OOO) ·combined
single limit per o.ccurrence for bodily injury; personal.' injury and propertydamage,
ii.S¢tvi® Provider agre.e:s Jo have anil rnaaititain for the duration of the contract.
an AutQmobile Liabilityinsur�e policy ensudng hhn/her and his/her $laff
to an am<:llint not Jess.than one million dollars ($1,000,000) combined single
.limit per accjdcnt for bodily injury .ind ptop¢rt,y qrunage.
iji. Servic.e Provider shall provide t<l tbe To'l.vn all �ertificatcs ofinsurancc, withori,ginal endorsements eft�:ting cover�ge. Service Provider agrees that all
�rtili.cates and endorsements are 16 be received and approved by the Townbefore work cotn1nences.
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General Liability:
L The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities perfonned by or on behalf of the Service Provider: products and completed operations of Service
Provi<ier, premises owned or used by the Service Provider,
11. The Service Provider's insurance coverage shall be primary insurance asrespects the Town, its officers, officials. employees and volunteers. The
insurance shall name ort the polity, as additional insured, the Town of LosGatos, its officers, officials. employees and volunteers. Any insurance orseJf.,insurances maintained by the Town, its officers, officials, employees orvolunteers shall be excess of the Service Provider's insutance and shall notcontribute with it.
m.Any failure to comply with reporting provisions of the policies shall notaffect coverage provided to the Town, its offic,ers, officials, employees or
volunteers.
iv.The Service Provider's insurance shall apply separately to each insured
against whom a claitn is made or suit is brought, except with respect to thelimits of the insurer's Ji ability.
3 .2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town, Current certification of such insurance shall be kept on file at all
times during the tenn of this agreement with the Town Clerk.
3,3 Workers· Compensation. In addition to these policies, Service Provider shall have and maintain Workers• Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement
Further, Service Provider shall ensure that a11 subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers. agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or per$onal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any
subcontractor.
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IV.GENERAL TERMS
4. l Waiver. :'lo failure on. the parr of eitb:et party to exercise �ny right or remedy hereunder shalJ operate as a waiver of any other right orJ�medy that party n1ay have hereunder, nor
does waiver of a breach or defaultutider this Agreement constitute a continuing waiver of a subsequent breach of the same or any .other provision of this Agreement
4.2 Governing Law. This Agreement,-regardless of where executed, shall be'. governed by and constru� to the Jaws of the State of California. Venue for any actfon regarding this Agreement shall be in the SuperiQr Coµfl Qf the County of Sant� Clara. ·
4.3 Termination of Agreemertt The towp, �md. the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15)
written notice <ifiermination. ln th¢ c:ive.nt of terntination, tbe Service Provider shall deliv�r to the Town <lll plans, files1 docume1J,f-s; reports; performed to date by the Service Provider. ln the event ofsnch termination, Town, shall pay-Ser:vicc Provider an-flmount that beats the same ratio to the tnaJcini-um. tonti:�c( :pri.;� as tbe work qeliyeteci to the Town bears to completed services comemplated under tlnsAgreement� unless such terinirta:t:ion is made for caµse, in which evtnt c:-0utp:en;atioli, if any, shall be adjusted in light�f the particular facts and circumstances involvedin such ie1mination.
4.4 Amendment. No modification, w.�ver, mutµal termiI'latfon, or amendment of this Agreement is i:ffoctivo u.nless madt! in \\-Titirig atid signed by the Town and the Service Provider_
45 Disputes. In at1y clispute ov�any aspect QfthisA,grtlem�nt, the ptc,waiHrtg party shall beentitled to reasonable attorneys foes,-inclu�ing costs ofappeaL , ·
4.6 Notices. Any nqtice tequfred to he given shal1 be deetned to be duly and properly given if mailed postage 1:>1·epaid. and addressed to:
Town ofLos Gatos
Attn: Tow11 Clt;.c-rk. 110 E. MainS'tr:eet
LosGat0s. C'A .9S030
Sunnyvale Building Maintenance
Attn: Andy Qontaiez 1161 Ringw(1Qd ('oµrtt Suite, 150 San Jose, C' A 9513 l
or personally delivered to Service Pto,ider to such address or sueh other address as
Servk�_ :ProVid�t q�>signates ir1 writing to Town.
4.7 Order ot'Precedence. In the event ofanycontlict: co11tradiction, ot ambh.,,uity between the
terms antj conditions of this Agreement in respect of th� Products or Services and any attachments to. this Agreement. then the terms and. conditions of this Agreement shall prevail ov�t attapJunents Cit pthe.t wr.iiings.
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4.8 &tire Agreement .•. � Agree�t. including all �bitSi. constitutes the complete and ·excJµsive statement of the Agreement between the Town. an:d Servi� Provider; N<> terms;conditions, imderstandings or agre,ements purporting to 1n<>d.ify or vary this Agreement,µnless hereafter made in writing and signeq J?y the p�y to be.bound, shall be binding on.
either party. ·· · · ·· .
IN WITNESS WHEREOF. the .. T-0¥.:n �d Service Providet have . executed this Agreement.
Town of Los Clatos by: .
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�.· ·�·
Item
1
2
3
4
s
G
7
&
9
Contract Ci.lstodial Sef\ilce� Quote Summary
8/28/201�
Civ!r C¢nter ·
PPW $er�c l.e:nter
Police Ops Buildlf\ll
tlbrarv
tir.iit Center
JIPW $er\lice Center
Polle!' Op; Bliil�lli!!
Ul.}rar\i
Su�T<ital'
l'ark Re:stroom<
Totai
iO i4 l)i notu:e seNt�e · Wt!ekdays;
tl l4 ll(notice $i"rvlr:l'·weekPndtiholiday
il? tit14.\?r 24;h1 ttotice serv,eec� weel«l/ivs:
h un<1.er �,(f)r nci\M,;se1vice • weekeil'.dslhot/day
14 Pilint!'t
ts Ligh.tinti'Technician
16 .HVAC Tedii\\ci�n
17 Plumber
i8. E/e�ttt(/.tl)
19 �tlier\W
20 l.«Jor�(
21 oayPort4't
$ervic;e
Custodial
Cl!)tod.ial
Cli�t<id�I
Cu�t90,at
Windows
W1ndo.ws:
Win<lows
Windows
C!!s\9dilll
P'.!�ho11r
tost/liour
cost/fioyr
coii/hor,tr
Average
cost/hour
cost/hO<Jr
·q:ist/hout
costJhour
Eost/!io.ur
cost/liour
cost/hour
c-0st/hour
l\lli!rage
Su11yvale suudinS Mairiteriao.ce Advanced l,!LiiJdmg M�lntt?nanc�. JarHlro Cleaniri� Sefllites
TiiJ'lesf,'ear VnitCost AnnualCo�t.. i)nlt C9st Annuaicost Unit Cos; Annua1q1st
12
12
12
12:
4
4.
4
4
,a
$.
$
$
$
$
$
$
'$:
,$
$ s
�$ s
.$ s
s
$
$
s.
$
$
$
$
i,&48,ool s 3:4,116:001 s
1,oos:00 I$12;060-.00 I $
l,J7(>:90J S .10,s+.2.00.1 s
�;010,QO I �. 48,840.00 I s
320.001 s 1J28X>.OOl$
24�.o,ol �. 960.!X) Is 1{io.oo Is �.00 1$
�.16tMl0 I$1,Q4l:>:ool $
$. B115Qa..oo,
. a.&1�.00 I s 4';��,001 $
$ 164,876.00
2:9'.� $
34'.00· $-
34,£9 $
34:00, $
t.U5 $
9$.9() $:
19!!,()0 $
t!fltOO $
19&.oo ·,$,
1.98.00 :$
9�,00 $
29,()Q s
}9':(>g .S
U0,75 $
3,300:0CH s 39,600.00. s
2,950.GO I$ .35,4()0.00 $
l,S?(tOO I$l!M!4P:ii9 $
4,220.00 Is !'.o,1>40.00 $
S7S.QOJ$ taoo.oo '$
S2S;OOI$ i;ioo.oo $
S�S.00 I$2;100.iJO $ ris,ools M,00-,00 $
l 1�.()80.,00 $
:i,4(i().® Is 28;800.Qp $
$ l.8Zi•Ofl : non,.�Jp�·
ti_S:00.,.
6S,O!} •
iOO,QO
14s:oo
�3 .. lS
65.00
.��.(j9 ss;oo
95:00
95,00
8�.00
6,SJ)()
(>5;00
78.75