HomeMy WebLinkAbout2018-08-28; City Council; ; Amendment No. 1 to custodial service agreement with Prizm Janitorial Services, Inc.~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Aug. 28,2018
Mayor and City Council
Scott Chadwick, City Manager
Michael O'Brien, Public Works Supervisor
Michael.obrien@carlsbadca.gov or 760-434-2996
CA Review Jf >
Subject: Amendment No. 1 to custodial service agreement with Prizm Janitorial
Services, Inc.
Recommended Action
Adopt a Resolution authorizing execution of Amendment No. 1 to the citywide custodial service
Agreement with Prizm Janitorial Services, Inc. for an amount not to exceed $58,279 per year for
additional service locations.
Executive Summary
The City of Carlsbad is currently increasing the number of facilities and park locations that
receive contracted janitorial services. Last year, the City of Carlsbad entered into an agreement
with Prizm Janitorial Services, Inc. for custodial services at 17 city park restrooms and 19 city
facilities. Staff is requesting that City Council authorize Amendment No. 1, adding three
additional city park restrooms and two city facilities to the scope of contracted services for
additional compensation not to exceed $58,279. This amendment needs City Council
authorization because the total increase to compensation exceeds the city manager authority
delegated by Resolution No. 2017-074 to execute amendments for increases of up to $30,000
per year.
Discussion
On May 7, 2017, the City Council adopted Resolution No. 2017-074 awarding a contract to
Prizm Janitorial Services, Inc. for custodial services at 17 city parks and 19 city facilities.
This year the city commissioned, or will commission, three new public buildings: Calavera Trail
Unisex Restroom, Pine Ave Community Park and Carrillo Chicken Coop Park Restrooms.
Furthermore, two additional sites, L'Heureux Dog Park and Monroe Street Pool, were identified
by staff as locations that would benefit from routine contracted custodial services.
Prizm Janitorial Services, Inc. has met the service requirements outlined in the original
Agreement during the first year of the contract and has demonstrated the capacity to increase
service locations. Staff negotiated a cost for servicing the five new locations for an amount not
to exceed $58,279 per Agreement year. Staff intends to keep the total compensation for the
six-year Agreement unchanged. Consequently, Amendment No. 1 reduces future maximum
compensation increases from $30,000 to $15,860 per agreement year.
August 28, 2018 Item #3 Page 1 of 10
Amendment No. 1 also makes changes to the language governing the closing time of Leo
Carrillo Historic Park and the Beach Bluff Restroom. This Amendment removes the early closing
provisions for both Leo Carrillo Historic Park and Beach Bluff Restroom and establishes closing
times consistent with all other city park locations.
In order to maintain consistency and provide oversight and management of the contract work,
the Purchasing Officer approved the contracted work included in Amendment No. 1 to be
exempted from the competitive procurement process pursuant to Carlsbad Municipal Code
section 3.28.llO(N), for situations where solicitations of bids or proposals for goods, services
and/or professional services would be, in the discretion of the awarding authority, impractical,
unavailing, impossible, or not in the best interests of the city. Last year, Prizm Janitorial Service,
Inc. competitively bid and earned the current six-year $2.7 million contract for citywide
custodial services. Amendment No. 1 adds custodial services at three new locations and
expands the scope of services at two current locations. While this work would normally be
subject to the city's competitive procurement process because it is over $35,000, it would not
be practical or in the city's best interest to have two separate contractors providing custodial
service at city facilities.
Fiscal Analysis
The original Agreement with Prizm Janitorial Services, Inc. was for $375,263 for the first year.
Amendment No. 1 will increase the total contract amount by $58,279 per year to a total of
$433,542 for fiscal year 2018-2019. Sufficient funds have been appropriated for this increase in
the fiscal year 2018-19 Operating Budget. Subsequent annual increases previously authorized at
$30,000 per annum will be reduced to $15,860 to maintain the total maximum compensation
under the Agreement at $2,701,583 for six years. The maximum annual Agreement cost for
contracted custodial services for the six years of this Agreement is as follows:
MAXIMUM ANNUAL COSTS -PRIZM JANITORIAL SERVICES, INC.
Term Agreement Year Annual Agreement Amount
1 2017-2018 $375,263.88
2018-2019 $433,542.60
2 2019-2020 $449,403.24
2020-2021 $465,263.88
3 2021-2022 $481,124.52
2022-2023 $496,985.16
TOTAL $2,701,583.28
2017-2018 ORIGINAL TOTAL $2,701,583.28
The custodial Agreement has traditionally been funded by the Facilities Maintenance Operating
Budget for facilities custodial services and the Parks Maintenance Operating Budget for the
park blockhouse restrooms. Sufficient funds are available in the Facilities Maintenance
Operating Budget and the Parks Maintenance Operating Budget to fund the Agreement for the
remainder of the current fiscal year. Future years' funding will be requested during the city's
annual budget process.
August 28, 2018 Item #3 Page 2 of 10
Next Steps
Prizm Janitorial Services, Inc. will continue providing services to the City of Carlsbad with the
locations and changes described in Amendment No. 1 effective immediately. If Prizm Janitorial
Services, Inc. continues to meet the expectations outlined in the Agreement, the contract will
require an amendment to extend the Professional Service Agreement on May 8, 2019 for two
additional service years.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, the award of contract for custodial
maintenance services does not qualify as a "project" within the meaning of the California
Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council Resolution.
August 28, 2018 Item #3 Page 3 of 10
RESOLUTION NO. 2018-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE
CITYWIDE CUSTODIAL SERVICE AGREEMENT WITH PRIZM JANITORIAL
SERVICES, INC. FOR AN AMOUNT NOT TO EXCEED $58,279 PER YEAR FOR
ADDITIONAL SERVICE LOCATIONS.
EXHIBIT 1
WHEREAS, on May 7, 2017, the City Council adopted Resolution No. 2017-074 awarding an
agreement to Prizm Janitorial Services, Inc. for custodial services at 17 city parks and 19 city facilities;
and
WHEREAS, staff has identified the need for custodial services at three new park locations and
two existing facilities locations; and
WHEREAS, Prizm Janitorial Services, Inc. has demonstrated a record of success at fulfilling the
current contract requirements and has the capacity to support our custodial needs; and
WHEREAS, the annual cost of services for the five additional locations has been negotiated at
$58,279; and
WHEREAS, Resolution No. 2017-074 authorized the city manager to execute amendments up
to $30,000 per year; and
WHEREAS, Amendment No. 1 authorizes a $58,279 increase to the contracted amount and
limits future year increases so the total contractual amount over the life of the contract will not
exceed the original contract maximum amount of $2,701,584; and
WHEREAS, the Purchasing Officer recommends that the contracted work in Amendment No. 1
be exempted from the competitive procurement process pursuant to Carlsbad Municipal Code
section 3.28.ll0(N) (situations where solicitations of bids or proposals for goods, services, or
professional services would be, in the discretion of the awarding authority, impractical, unavailing,
impossible, or not in the best interests of the city); and
WHEREAS, sufficient funds are available in the Facilities Maintenance and Parks Maintenance
Operating Budgets to fully fund the remainder of the current fiscal year with funding for subsequent
years to be requested during the city's annual budget process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
August 28, 2018 Item #3 Page 4 of 10
EXHIBIT 1
1. That the above recitations are true and correct.
2. That Amendment No. 1 is exempt from the competitive procurement process under
Carlsbad Municipal Code section 3.28.ll0(N).
3. That the mayor is authorized and directed to execute Amendment No. 1 to the citywide
custodial service Agreement between the City of Carlsbad and Prizm Janitorial Services, Inc. attached
hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of August, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
C~K1tlJtl~
~RBARA ENGLESON, City Clerk
(SEAL)
August 28, 2018 Item #3 Page 5 of 10
AMENDMENT NO. 1 TO AMEND AGREEMENT FOR
CUSTODIAL MAINTENANCE SERVICES
PRIZM JANITORIAL, INC.
GS1542
No. 1 is entered into and effective as of the/)."8-fh day of
~:::::....:~~!!!\,..o...1:~~----' 2018, amending the agreement dated May 11, 2017, (the
"Agreement y and between the City of Carlsbad, a municipal corporation, ("City"), and Prizm
Janitorial, Inc., a California corporation, ("Contractor") (collectively, the "Parties") for custodial
maintenance services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to add janitorial services
to the following locations in the City: Pine Park Community Center, Monroe St. Pool, Ann D.
L'Heureux Dog Park, Calavera Trails, and Leo Carrillo Ranch Historic Park; and
B. The Parties desire to alter the Agreement's scope of work and adjust language
directing opening and closing procedures at Leo Carrillo Ranch Historic Park and Beach Bluff
Restroom; and /
C. The Parties desire to alter the Agreement's Compensation and adjust language to
allow increases for subsequent years to be consistent with the Carlsbad Purchasing Manual; and
D. 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.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. 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". With
this Amendment, the total annual Agreement amount shall not exceed four hundred thirty-four
thousand, one hundred forty two dollars and sixty cents ($433,542.60) during the current
agreement year.
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed fifty eight thousand two hundred seventy
eight dollars and seventy two cents ($58,278.72). Contractor will provide City, on a monthly basis,
copies of invoices sufficiently detailed to include hours performed, hourly rates, and related
activities and costs for approval by City.
3. Compensation adjustments for any future agreement year amendment shall not
exceed fifteen thousand eight hundred sixty dollars and sixty four cents ($15,860.64) per
agreement year.
4. Contractor will complete all work described in Exhibit "A" by May 11, 2019.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
City Attorney Approved Version 1 /30/13
August 28, 2018 Item #3 Page 6 of 10
GS1542
6. 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.
7. 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
PRIZM JANITORIAL, INC.,
a California corporation
(sign here)
,:;:.~,:;·-~J: ...... c.<-12h~r1~s~oV1~L~e.---B+-'r.~£.~S~~ cl~,e_~r_\'t
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
MATT t'fALL
Mayor
(sign here) BARBARA~IJUH"-.::::
J;~f))c)Y) Le. -\l,o2 -Pr.e.S\o\.QutT/City Clerk
(print name/title) Cf'O
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 officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:~~==---~~-
Deputy City Attorney
City Attorney Approved Version 1/30/13
2
GS1542
of work for Carrillo Ranch ONLY shall be between the hours of 7:00 a.m. and 9:00 a.m.
unless otherwise directed by CONTRACT ADMINISTRATOR.
25.00 CARRILLO RANCH SCOPE OF SERVICES
The CONTRACTOR will perform the following custod,i.~t~aintenance services at Carrillo
Ranch Historic Buildings (Outdoor Areas including all ~\19; restrooms) described in Exhibit
A, Part I General Specifications, Section 2.00 thre~:~J) seven (7) days per week, if£udny~ :§gtu[dgy and1 Sunday thru Saturday. Service· for all outdoor areas shall be performed
between the hours of 7:00 a.m. and 9:00 a.m.
City Attorney Approved Version 1 /30/13
5
August 28, 2018 Item #3 Page 10 of 10
All Receive -Agenda Item # ~
For the Information of the:
CITY COUNCIL V
Afr,A ~CA V ee_
Date~ CM i/ COO /
August 28, 2018 .....
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
{cityof
Carlsbad
From:
Via :
Paz Gomez, Public Works Direct~nd Chris Hazeltine, Parks and Recreation
Director 1 Elaine Lu key, Chief Operations Offi erftJ----
Re: Supplemental Material for Agenda Item No. 3 -Amendment No. 1 to
Custodial Agreement With Prizm Janitorial Services, Inc.
Upon review of the Staff Report for Amendment No. 1 to the Citywide Custodial Service
Agreement with Prizm Janitorial Services, Inc. it was determined that minor changes to portions
of the contract amendment would provide clarity around the co.ntractor's current contractual
obligations.
Please see highlighted sections below from pages four and five of Amendment No. 1. The Beach
Bluff and Tamarack Avenue restroom lock time, Section 14.01, was listed incorrectly as 8 p.m.
(or dusk), this was cha nged to 10 p.m. Additionally, language was added to section 24.00 to
clarify t hat t he Beach Bluff and Ta marack Avenue restroom cleaning must be completed
between 10 p.m. and 12 a.m.
Prizm Janitorial Services, Inc. has reviewed and acknowledged the proposed modifications.
Pages four and five of Amendment No. 1, and an acknowledgement email from Prizm Janitorial,
Inc., are attached to t his Council Memorandum, tit led "New page 4 and 5 to Attachment A to
Council Resolution."
14.01 The basic daily hours of maintenance se rvice for Park Restrooms shall be 10:00 p.m. to
12:00 a.m. or 04:00 a.m. to 08:00 a.m., w hich shall be considered normal work hours as
may pertain to any other provision of the CONTRACT. No work shall begin prior to 10:00
p.m. or between the hours of 12:00 a.m. and 04:00 a.m. and all work shall be completed
by 08:00 a.m., unless elsewhere specified. v,•ith the exception of the Beach Bluff
restroom and Carrillo Ranch Restrooms. The hours of service for the Beach Bluff
Restroom are 8:00 p.m. (or dusk) to 12:00 a.m. No work shall begin at the Beach Bluff
and Tamarack Restrooms prior to 10:00 p.m., (or dusk) and all work shall be completed
by 12:00 a.m. The hours of service for Leo Ca rrillo Ranch Restrooms and walkways shall
be between 7:00 a.m. -9:00 a.m. and interior cleaning shall start at 8:30 a.m.
Public Works Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t
Honorable Mayor Hall and Members of the City Council
Aug.28,2018
Page 2
24.00 The CONTRACTOR will perform the following custodial maintenance services at the Park
Restrooms described in Exhibit A, Part I General Specifications, Section 2.00. Hours of
work at the Park Restrooms ONLY shall be between the hours of 10:00 p.m. and 12:00
a.m. or 04:00 a.m. and 08 :00 a.m. Beach Bluff and Tamarack Re strooms work must be
between 10:00 p.m. and 12:00 a.m. The t ime between the hours of 12:00 a.m. and 04:00
a.m. are not authorized work hours, unless authorized by the CONTRACT
ADMINISTRATOR. Service for all restrooms other than Carrillo Ranch sha ll occur seven
(7) days per week. Service for Carrillo Ranch shall be three (3) days per •.veek Friday,
Saturday and Sunday. Hours of work for Carrillo Ranch ONLY shall be between the hours
of 7:00 a.m. and 9:00 a.m. unless otherwise directe d by CONTRACT ADMINISTRATOR.
cc: Celia Brewer, City Attorney
Scott Chadwick, City Manager
Gary Barberio, Assistant City Attorney
John Maashoff, Public Works Manager
Michael O'Brien, Public Works Supervisor
Attachments: New page 4 and 5 to Attachment A to Council Resolution.
Acknowledgement emai l from Prizm Janitorial, Inc.
GS1542
New Page 4 an_d 5 to Attachment A to Councll Resolution
Compensation Language Changed with this Amendment
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
up to three hundred.seventy five thousand two hundred s· three dollars eig ei ht cents
375,263.88 in the first year. · · ·
. . , ~~~~~HffllMi~ . Total Compensation under this
-Agreement shall not exceed two million seven hundred one thousand five hundred eighty three
dollars twenty eight cents (2,701,583.28). No other compensation for t~e Seryices will be allowed
except for items covered by subsequent amendmeynts to this Agreement. The City reserves the
right to withhold a ten percent (10%) retention until City has accepted the work and/or Services
specified in Exhibit "A".
General Specifications Language Changed with this Amendmenf
14.01 The basic daily hours ofmaintenance service for Park Restrooms shall be 10:00 p.m. to
12:00 a.m. or 04:00 am. to 08:00 a.m., which shall be consider99 normal work hours as
may pertain to any other provision of the CONTRACT. No work shall begin prior to 10:00
p.m. or between the hours of 12:00 a.m. and 04:00 a.m. and all work shall be completed
14.02
by 08:00 a.m. unless elsewhere s ecified. · _ •r ' <.. , •
No work shall begin at the Beach Bluff and Tamarack
Restrooms prior to 10:00 p.m.,,, and aH work shall be completed by 12:00 a.m.
The hours of service for Leo Carrillo Ranch Restrooms and walkways shall be between
7:00 a.m. -9:00 a.m. and interior cleaning shall start at 8:30. a.m.
All Park Restrooms are to
be locked, by the CONTRACTOR, between the hours of 10:00 p.m. and 11 :00 p.m. to
ensure that unauthorized personnel cannot access the facilities during hours of park
closure. The CONTRACTOR shall be responsible for unlocking and re-locking the.Park
Restrooms when service is not completed prior to the specified time for locking the facility.
14.08 CONTRACTOR shall provide staffing to perform the required. maintenance services
during the prescribed hours five to se-~r-week for Facilities, seven f!).
days per week for Park Restrooms. ~ffl'N@Q~~ifQfBano~.
Scheduled cleaning days for Facilities are indicated in Bid Schedules. Any changes in
the days and hours of operation heretofore prescribed shall be subject to approval by the
CONTRACT ADMINISTRATOR. The CONTRACTOR is advised that hours of service
and cleaning specifications for Leo Carrillo Ranch differ significantly from other service
areas and are clearly indicated in the specifications.
24.00 The CONTRACTOR will perform the following custodial maintenance services at the Park
Restrooms described in Exhibit A, Part I General Specifications, Section 2.00. Hours of
work at the Park Restrooms ONLY shall be between the hours of 10:00 p.m. and 12:00
am. or 04:00 a.m. and 08:00 a.m. Beach Bluff and Tamarack Restrooms work must be
between 10:00 p.m. and 12:00 a.m. The time between the hours of n:oo am. and 04:00
a.m. are not authorized work hours, unless authorized by the CONTRACT
City Attorney Approved Version 1/30/13
4
GS1542
.,
·L.. Hours of work for Carrillo Ranch ONLY shall be between the hours
of 7:00 a.m. and 9:00 a.m. unlessptherwise directed by CONTRACT ADMINISTRATOR.
25.00 CARRILLO RANCH SCOPE OF SERVICES
The CONTRACTOR will pertorm the following-custodial maintenance services at Carrillo
Ranch Historic Buildings (Outdoor Areas including all~ restrooms) described in Exhibit
A, Part I General Specifications, Section 2.0_0 {Mffi(j1 seven (7) d~ys per week, ™
~ Sunday thru Saturday. Service for all outdoor areas shall be performed
· between the hours of 7:00 a.m. and 9:00 a.m. '
City Attorney Approved Version 1/30/13
/ . 5
Morgen Fry
From:
Sent
To:
Johnson Le·< prizmjani@att.net>
Tuesday, August 28, 2018 10:11 AM
Michael O'Brien
Subject Re: Emailing: PSA -GS1542 Amend No. lJM edits w Additional Information Memo
\
G.ood morning again Michael,
Prizm has reviewed the amendment and approve of the changes.
Thanks,
Johnson Le
PRIZM JANITORIAL SERVICES INC.
555 Country Club Ln. #C196
Escondido, CA 92026
Ph. 858-717-1092
F. 877-717-9592
Em. prizmjani@att.net <mailto:prizmJani@att.net>
On Aug 28, 2018, at 10:04 AM, Michael O'Brien <Michael.OBrien@carlsbadca.gov
<mailto:Michael.OBrien@carlsbadca.gov> > wrote:
From: Michael O'Brien
Sent: Monday, August 27, 2018 3:12 PM
To: Johnson Le <prizmjani@att.net -;:mailto:prizmjani@att.net> >
Subject: Fwd: Emailing: PSA -GS1542 Amend No. lJM edits w Addltional Information Memo
Johnson,1
Please review the attached updated Amendment No.1 . I've made some slight changes to sections 14.01 & 24.00.
Please respond back with your approval as this will go before council tomorrow. Let me know If you have any questions.
Michael
Sent from my iPhone
Begin forwarded message:
,,
From: Michael O'Brien <Michael.OBrien@carlsbadca.gov <mailto:Michael.OBrien@carlsbadca.gov> >
Date: August 27, 2q1s at 2:57:18 PM PDT
To: Michael O'Brien <Mlchael.OBrien@carlsbadca.gov <mailto:Michael.OBrien@carlsbadca.gov> >
. Subject: Emailing: PSA -GS1542 Amend No. lJM edits w Additional lnfortl)ation Memo
1
Your message is ready to be sent with the following file or link attachments:
"
PSA -GS1542 Amend No. lJM edits w Additional Information Memo
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file
attachments. Check your e-mail security settings to determine how_attachments are handled.
<PSA -GS1542 Amend No. 1,JM edits w Additional Information Memo.docx>
/
2
· Council Memorandum
August 28, 2018
To: Honorable Mayor Hall and Members of the City Council
{cityof
Carlsbad
From:
Via:
Paz Gomez, Public Works Direc~~nd Chris Hazeltine, Parks and Recreation
Director J___'i_ ) Al
Elaine Lu key, Chief Operations Ofifieer ~
Re: Responses to Questions from Aug. 27, 2018 Council Briefings
Agenda Item No. 3 -Amendment No. 1 to Citywide Custodial Service Agreement With Prizm
Janitorial Services, Inc.
Question 1: Can the Beach Bluff (Carlsbad Boulevard @ Pine Avenue) and Tamarack Beach
restrooms be opened at 6 a.m.?
Answer: Modifying the opening time of the restrooms could have cost implications and may
require contract amendments. Staff is currently researching the municipal code, applicable
entitlement documents, State of California right-of-entry permits, and other governing
documents to determine if there are constraints that would prohibit opening the restrooms
earlier.
If so directed by City Council, staff will bring this back as a future agenda item.
cc: Celia Brewer, City Attorney
Scott Chadwick, City Manager
Gary Barberio, Assistant City Manager
Public Works
1635 Faraday Ave I Carlsbad, CA 92008 I 760-602-2730 t