Item 3 - Custodial Services Agreement
PREPARED BY: Jim Harbin
Facilities and Environmental Programs Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2019 ITEM NO: 3
DATE: September 12, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with JLP
Building Maintenance to Provide Custodial Services Effective October 1, 2019
Through June 30, 2024, Including a Five Percent Contingency for Special or
Unforeseen Cleanings for a Total Amount Not to Exceed $165,640 in Fiscal
Year 2019/20, and $220,853 Annually Thereafter and a Total Agreement
Amount Not to Exceed $1,049,052
RECOMMENDATION:
Authorize the Town Manager to execute an Agreement for Services with JLP Building
Maintenance (Attachment 1) to provide custodial services effective October 1, 2019 through
June 30, 2024, including a five percent contingency for special or unforeseen cleanings for a
total amount not to exceed $165,640 in Fiscal Year 2019/20, and $220,853 annually thereafter
and a total agreement amount not to exceed $1,049,052.
BACKGROUND:
The Town of Los Gatos utilizes contract custodial services for Town-owned facilities. Staff has
determined that contractual custodial services are the most cost-effective service delivery
method for this component of building maintenance due to the lower cost of labor and the
flexibility allowed in providing the work after hours. The existing contract with Sunnyvale
Building Maintenance expires on September 30, 2019. The approved budget for FY 2019/20
includes funding for custodial services at the Police Operations Building, Civic Center, Library,
Parks and Public Works Service Center, and five park restrooms.
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with JLP Building Maintenance to Provide Custodial Services DATE: September 12, 2019
DISCUSSION:
Staff prepared a Request for Proposal (RFP) for contract custodial services at four main
municipal facilities and five park restroom facilities, including providing all restroom products
and closing the park restroom facilities each evening. The RFP included identification of line
item costs per hour for additional services as needed, such as special cleaning requests,
emergency flooding, and other unanticipated clean-ups.
The RFP was posted on the Town’s website and sent to five different firms, four of which
attended the mandatory walk-through meeting. Three attending firms submitted cost
proposals to the Town (Attachment 2). Based on a review of the proposals, including reference
checks, staff determined that JLP Building Maintenance submitted the most comprehensive
proposal and is the best qualified and most cost competitive firm to provide the requested
services.
JLP Building Maintenance, LLC is a local company with headquarters in Fremont providing a
wide range of building maintenance services including general custodial services, day porters,
carpet extractions, upholstery cleanings, window cleaning, and emergency clean up.
CONCLUSION:
Authorize the Town Manager to execute an Agreement for Services with JLP Building
Maintenance to provide custodial services effective October 1, 2019 through June 30, 2024,
including a five percent contingency for special or unforeseen cleanings for a total amount not
to exceed $165,640 in Fiscal Year 2019/20, and $220,853 annually thereafter and a total
agreement amount not to exceed $1,049,052.
FISCAL IMPACT:
Funds for the services for FY 2019/20 have been appropriated in the Adopted FY 2019/20 Parks
and Public Works Facilities Operating Budget. Budgeting for future years services will be
addressed through the annual budget process. As needed for future budgets, budget increases
or service adjustments may be needed in other areas to meet this contract obligation.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Agreement for Services
2. Custodial RFP Summary 2019
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ATTACHMENT 1
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 3rd day of September 2019, and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and JLP BUILDING
MAINTENANCE (“Service Provider”), whose address is 48834 Kato Road, Suite 109A, Fremont, CA
94538. This agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider
was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide professional janitorial services at Town
facilities.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications,
experience, and resources necessary to timely perform the services described in this
Agreement. Service Provider acknowledges Town has relied upon these warranties to retain
Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain
Proposal dated August 20, 2019 sent to the Town, which is hereby incorporated by reference
and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall commence on
October 1, 2019, expiring at midnight on June 30, 2024, subject to appropriation of funds,
notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Service Provider
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Service Provider to practice
its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant
to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
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ATTACHMENT 1
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and
all reports and supportive data prepared by the Service Provider under this Agreement are
the Town’s property and shall be delivered to the Town upon the completion of services or
at the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Service Provider in connection with the performance of its services pursuant
to this Agreement are confidential until released by the Town to the public, and the Service
Provider shall not make any of the these documents or information available to any
individual or organization not employed by the Service Provider or the Town without the
written consent of the Town before such release. The Town acknowledges that the reports
to be prepared by the Service Provider pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Service Provider in connection with other projects shall be solely at Town's
risk, unless Service Provider expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Service Provider which is and
has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation. Compensation for the supplies and materials delivered and for Service
Provider's professional services is as follows:
October 1, 2019 through June 30, 2020 (FY 2019/20)
• Routine services shall not exceed $157,752, inclusive of all costs.
• Unanticipated special cleanings shall not exceed $7,888. Payment shall be based upon
Town approval prior to each task being completed.
For a total amount not to exceed $165,640.
July 1, 2020 through June 30, 2024
• Routine services shall not exceed $210,336, inclusive of all costs.
• Unanticipated special cleanings shall not exceed $10,517. Payment shall be based upon
Town approval prior to each task being completed.
For a total annual amount not to exceed $220,853.
Total contract amount is not to exceed $1,049,052.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
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ATTACHMENT 1
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement. Service
Provider shall make these records available to authorized personnel of the Town at the
Service Provider offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Service Provider. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of
the work and services agreed to be performed, shall act as and be an independent
contractor and not an agent or employee of the Town. As an independent contractor he/she
shall not obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Service Provider may perform some
obligations under this Agreement by subcontracting, but may not delegate ultimate
responsibility for performance or assign or transfer interests under this Agreement. Service
Provider agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. Service Provider shall be compensated for its costs and
expenses in preparing for, traveling to, and testifying in such matters at its then current
hourly rates of compensation, unless such litigation is brought by Service Provider or is
based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements with
any individual member of the Staff or management of the Town or its representatives nor
shall it enter into any such holdings or agreements. In addition, Service Provider warrants
that it does not presently and shall not acquire any direct or indirect interest adverse to
those of the Town in the subject of this Agreement, and it shall immediately disassociate
itself from such an interest, should it discover it has done so and shall, at the Town's sole
discretion, divest itself of such interest. Service Provider shall not knowingly and shall take
reasonable steps to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person Service Provider discovers
it has employed a person with a direct or indirect interest that would conflict with its
performance of this Agreement Service Provider shall promptly notify Town of this
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ATTACHMENT 1
employment relationship, and shall, at the Town's sole discretion, sever any such
employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them on the basis of
age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental
disability, national origin, religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and his/her
firm to an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Service Provider agrees to have and maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of Service
Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self-insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Service Provider's insurance
and shall not contribute with it.
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ATTACHMENT 1
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Service Provider's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
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 term 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 all 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 personal 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.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under 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
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and 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 of termination. In the event of termination, the Service Provider shall deliver
to the Town all plans, files, documents, reports, performed to date by the Service Provider.
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ATTACHMENT 1
In the event of such termination, Town shall pay Service Provider an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town bears to
completed services contemplated under this Agreement, unless such termination is made
for cause, in which event, compensation, if any, shall be adjusted in light of the particular
facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Service
Provider.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
JLP Building Maintenance
48834 Kato Road, Suite 109A
Fremont, CA 94538
or personally delivered to Service Provider to such address or such other address as
Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Service Provider. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
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ATTACHMENT 1
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
Service Provider, by:
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, CMC, Town Clerk
Custodial RFP Cost Summary 2019
Attachment 2: Custodial Quote Summary 2019 Sunnyvale Building Maintenance JLP Building Maintenance JJ & CC Maintenance Services
Basic Services Times Times Times
Bid Per Annual Per Annual Per Annual
Item Location Description Unit Price Year Cost Unit Price Year Cost Unit Price Year Cost
1 Civic Center Janitorial (except windows)$2,550 12 $30,600 $2,480 12 $29,760 $3,433 12 $41,200
2 Service Center Janitorial (except windows)$1,913 12 $22,956 $1,980 12 $23,760 $2,208 12 $26,500
3 Police Ops Janitorial (except windows)$1,913 12 $22,956 $1,980 12 $23,760 $2,458 12 $29,500
4 Library Janitorial (except windows)$5,100 12 $61,200 $4,480 12 $53,760 $5,792 12 $69,500
5 Park Restrooms Janitorial (except windows)$5,100 12 $61,200 $3,708 12 $44,496 $4,683 12 $56,200
6 Civic Center Windows $750 4 $3,000 $1,800 4 $7,200 $625 4 $2,500
7 Service Center Windows $600 4 $2,400 $1,200 4 $4,800 $625 4 $2,500
8 Police Ops Windows $600 4 $2,400 $1,200 4 $4,800 $625 4 $2,500
9 Library Windows $2,800 4 $11,200 $4,500 4 $18,000 $3,125 4 $12,500
$217,912 $210,336 $242,900
Additional Services T & M Per Hour Per Hour Per Hour
10 Service during daytime hours…$59 $33 $24.80 N/A
11 Service during evening/weekend hours…$98 $26.80 N/A
12 Service daytime less than 24 hr notice $98 $26.80 N/A
13 Service during evening/weekend hours less 24hr notice…$98 $29.80 N/A
ATTACHMENT 2