HomeMy WebLinkAbout2005-06-07; City Council; 18142; Amend Custodial Maintenance Services ContractAB# 18,142
MTG. 6/7/05
DEPT. PWlGS
RECOMMENDED ACTION:
TITLE:
RATIFICATION TO AMEND AND EXTEND CUSTODIAL MAINTENANCE SERVICES CONTRACT WITH THE
BUSINESS CLEANING COMPANY INC. CITY ATTY.
,Adopt Resolution No. 2005-168 , Ratification to Amend and Extend the Agreement for Custodial
Maintenance Services with The Business Cleaning Co. Inc.
ITEM EXPLANATION:
The City of Carlsbad Public Works Major Service Area (MSA) is responsible for custodial
maintenance at various facilities and parks throughout the City of Carlsbad.
On July 15, 2004, City Council awarded an Agreement to The Business Cleaning Company Inc. to
perform these services for the City of Carlsbad for a one-year period. The City Manager was
authorized to extend the Agreement for three additional one-year periods, however the agreement
omitted to authorize any additional funds for said extensions.
On September 23, 2004, the parties executed Amendment No. 1 to the agreement to add custodial
Maintenance services for various locations at Leo Carrillo Park.
On April 15, 2005 the City removed the existing 12-foot x 48-foot modular building and installed a
new %-foot x 60-foot modular building at the Parks Maintenance yard. This increase in facility size
resulted in additional cost of $314.00 per month for custodial maintenance. The Business Cleaning
Company was directed to begin this maintenance immediately as the modular is currently in use.
On April 15, 2005 the City installed a new modular building to serve as the Stay n Play relocated
the Centro de Information modular building. At that time the City also installed a new modular
restroom facility to serve these two facilities and the future Pine Avenue Park. Custodial services
for this new modular restroom will be performed at an additional cost of $580.00 per month.
The parties wish to amend the scope of work of the original agreement to include these increased
custodial maintenance costs retroactive to April 15, 2005.
The General Services division wishes to correct the omission of providing the City Manager
authority to authorize funds for any additional extensions granted pursuant to the Agreement.
ENVIRONMENTAL IMPACT:
This Contract is exempt from environmental review as it is not a project as defined in Section
15378 of the CEQA Guidelines.
FISCAL IMPACT:
This amendment authorizes the Contractor to perform additional custodial maintenance services at
an annual cost of $1 0,728.00 per agreement year. The annual cost of these Custodial Maintenance
Services as amended total $1 89,728.00 per agreement year.
An additional one-time cost of $942.00 will be incurred to provide the additional services at the
Parks Department modular until July 15, 2005.
PAGE 2 OF AGENDA BILL NO. 18,142
City Council has previously approved funding for these maintenance activities from the Facilities
Maintenance General Fund account and from the Parks Maintenance General Fund Account.
EXHIBITS:
1. Resolution No. 2005-168 ratification to Amend and Extend the Agreement for Custodial
Maintenance Services with The Business Cleaning Company Inc.
2. Ratification of Amendment No.1 to Extend and Amend Agreement for Custodial Maintenance
Services with The Business Cleaning Company Inc.
DEPARTMENT CONTACT: Dale Schuck, (760) 434-2949, dschu@ci.carlsbad.ca.us
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EXHIBIT 1
RESOLUTION NO. 2005-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF AMENDMENT NO. 2 TO
EXTEND AND AMEND AGREEMENT FOR CUSTODIAL MAINTENANCE
SERVICES (THE BUSINESS CLEANING COMPANY INC.)
WHEREAS, on September 23, 2004, the parties entered into Amendment No. 1 to the
agreement adding services to Leo Carrillo Park; and
WHEREAS, on April 15, 2005, the City added additional Facilities space requiring
:ustodial maintenance by The Business Cleaning Company; and
WHEREAS, notwithstanding an amendment of the Agreement, the City directed The
3usiness Cleaning Company to perform these services without the benefit of an agreement; and
WHEREAS, the parties desire to extend the agreement for a period of One Year; and
WHEREAS, the parties have negotiated and agreed to a supplemental scope of work; and
WHEREAS, the City Manager was authorized to extend the Agreement for three (3)
additional one-year terms, however the Agreement omitted to authorize any additional funds for
said extensions; and
WHEREAS, the parties wish to correct that error and wish to authorize funds for any
3dditional extensions granted pursuant to the Agreement; and
WHEREAS, there are sufficient funds available in the Facilities Maintenance and Parks
vlaintenance Budget; and
WHEREAS, the ratification of Amendment No. 2 to extend and amend the Custodial
Maintenance Services Agreement with The Business Cleaning Company Inc. has been prepared
and submitted hereto.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
~ollows:
1. That the above recitations are true and correct.
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2. That the ratification of Amendment No. 2 to extend and amend is hereby approved and
the Mayor is authorized and directed to execute said Agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
)f Carlsbad held on the 7th dayof June , 2005 by the following vote, to
uitt:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
CLAUDE A. LEWIS, Mayor
MATT HALL, Mayor Pro-Tern
4TTEST
A (
,ORWINE M. WOOD, City Clerk (SEAL)
RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT
FOR CUSTODIAL MAINTENANCE SERVICES
(The Business Cleaning Company)
11, This Ratification of Amendment No. 2 is entered into as of the 9 day
15th day of April, 2005, extending and amending the agreement dated July 15, 2004 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and The
Business Cleaning Company, ("Contractor") (collectively, the "Parties").
of 0-c , 2005, but effective as of the
RECITALS
A. On September 23,2004 the Parties executed Amendment No.1 to the Agreement
to add custodial maintenance service for portions of Leo Carrillo Park; and
B. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee: and
C. On April 15, 2005, the Contractor began custodial service of the larger modular
building at the Parks Maintenance Yard without the benefit of an agreement; and
D. The Parties desire to alter the scope of work of the Agreement to add custodial
service to the larger modular building at the Parks Maintenance Yard retroactive to April 15,
2005 and to add future custodial service to the new modular restroom installed to service the
new Pine Park; and
E. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of
Services and Fee; and
F. The Parties desire to extend and fund the Agreement for a period of One Year,
ending on July 15, 2006; and
G. The City Manager was authorized to extend the Agreement for three (3)
additional one-year terms, however the Agreement omitted to authorize any additional funds for
said extensions; and
H. The Parties wish to correct that error and authorize funds for any additional
extensions granted pursuant to the Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The retroactive amendment of the Agreement is ratified. The term of the
Ratification will be effective for a period of three months from April 15, 2005 in amount not to
exceed Nine Hundred and Forty-two dollars ($942).
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2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A".
3. City will pay Contractor for all work associated with those services described in
Exhibit "A on an agreed price basis not-to-exceed Ten Thousand Seven Hundred and Twenty-
eight dollars ($10,728) per agreement year. This compensation is included in the $189,728
authorized in Item No.6.
4. The Contractor will complete all work described in Exhibit "A by July 15, 2006
and by July 15 of all subsequent agreement years.
5. The City Manager may extend the Agreement for two additional one-year periods
or parts thereof in an amount not to exceed One Hundred Eighty-nine Thousand Seven
Hundred and Twenty-eight dollars ($1 89,728) per Agreement year. Extensions will be based
upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds
by the City Council. The parties will prepare a written amendment indicating the effective date
and length of the extended Agreement.
6. That the Agreement, as may have been amended from time to time, is hereby
extended for a period of One Year ending on July 15, 2006 on an agreed price basis not-to-
exceed One Hundred Eighty-nine Thousand Seven Hundred and Twenty-eight dollars
($1 89,728).
7. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
8. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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9. The individuals executing this Amendment and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Mayor Pro Tern
ATTEST:
LORRAINE M. WOOD - City Clerk
.-
C-P. /&&VI (e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the oficer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney n
By: By:
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SCOPE OF SERVICES AND FEE
The Contractor will provide custodial service for the new modular building at the Parks
Maintenance Yard in accordance with the Agreement on an agreed price basis at an increase of
Three Hundred Fourteen Dollars ($314) per month. Service for this facility will be provided five
(5) days per week.
The Contractor will provide custodial service for the new modular restroom located at Pine Park
in accordance with the Agreement on an agreed price basis of Five Hundred Eighty ($580) per
month. The City agrees to replace the proprietary enMotion paper towel dispensers at its
expense. The Contractor agrees to provide standard paper towels for this facility at the agreed
price. Service will begin after the completion of the construction of the park, and the City agrees
to give the Contractor 10 Working Days notice to begin service. Payment for this item will not
commence until the Contractor begins service of the facility. Service for this facility will be
provided seven (7) days per week.
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