2020/08/14 Merchants Building Maintenance, LLC Amendment No. 3 to Non-Professional Maintenance Services Agreement between Merchants Building Mainenance, LLC and the City of Menifee for City Facilities Janitorial Services*Please attached a second page for additional information to support this agreement.
CITY OF MENIFEE
Agreement/contract coversheet
DATE: July 7, 2020
TO: Armando G. Villa, City Manager
CC:
Agreement Routed/Approved by City Attorney: 7/7/2020 (Via email, attached)
Insurance Requirements: General Liability (Expiration Date: Pending)
Automobile Liability (Expiration Date: Pending)
Worker’s Compensation (Expiration Date: Pending)
Other- Umbrella Liability (Expiration Date: Pending)
FROM: Allen Yun, Public Works Manager
Margarita Cornejo, Financial Services Manager
SUBJECT: Amendment No. 3 to Agreement between the City of Menifee and Merchants Building
Maintenance, LLC for City Facilities Janitorial Services (July 1, 2020 thru June 30, 2021).
IS THE AGREEMENT/CONTRACT WITHIN THE CITY MANAGER’S SIGNATURE AUTHORITY?
Yes – Purchase of Commodities under $50,000 Professional Services under $25,000
Change Order under $25,000 or less than 10% of original contract (supplies, equipment, services
or construction contracts)
Public Works Contract for $45,000 or less
No – City Council authorized City Manager to sign (Council action attached) SEE STAFF REPORT FROM
11/6/2019, RECOMMENDED ACTION #3 AUTHORIZES CITY MANAGER TO EXECUTE ANNUAL AMENDMENTS
NOT TO EXCEED $110,000, PER YEAR.
WHY IS THIS AGREEMENT/CONTRACT NEEDED?
The amendment between the City of Menifee and Merchhants Building shall provide Janitorial Services for the various
existing city facilities . The City does not have in house staff to complete this service, therefore the necessary contract
for this service. Merchants Building Maintenance, LLC shall furnish all labor, equipment, cleaning solutions, and other
services necessary for complete janitorial and day porter services in accordance with the specifications and provisions of
the agreement for all existing city facilities listed on the agreement. This Agreement Amendment covers the FY20/21
period and includes the Menifee Police Headquarters site.
WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT?
The term of the agreement will cover the period of July 1, 2020 thru June 30, 2021.
WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT?
$104,737.36 (Not-to-Exceed Amount)
Department Date Initials
Chris Gehrki, Management Analyst l
Jonathan Smith, Public Works Director
Wendy Preece, Deputy Finance Director
Rochelle Clayton, Deputy City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
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HOW WAS THE VENDOR/CONSULTANT/CONTRACTOR DECIDED ON?
City conducted an RFP for Janitorial Services in April, 2019. Merchants Building Maintenance, LLC was selected as the
contractor to provide the service for up to four years at the City’s discretion to renew each year.
Supplies/Equipment/Maintenance/Construction Prior Contract/Experience with the City
$5,000 - $49,000 – Three Written Quotes Yes
Over $50,000 – Competitive Bidding and Formal Proposals
Public Works Projects Professional Services
Under $45,000 – Purchase Order, Contract (Prudent Judgement) Under $25,000 – City Manager
$45,000 - $174,999 – Informal Bidding Process Over $25,000 – City Council Pre-Approved to
Over $175,000 – Formal Bidding Required sign annual amendment not to exceed $110,000
WHERE ARE THE FUNDS COMING FROM?
FY2020/21 Budget (Facility Maintenance Services)
WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER?
Facility Maintenance Services:
116-4660-52050 - Community Services ($28,870.40)
116-4221-52050 - City Hall - Non Departmental ($30,675.84)
116-4550-52050 - Public Works Maintenance and Operations Center($3,217.76)
116-4911-52050 - Menifee Police Substation & Menifee Police Headquarters ($41,973.36)
IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET?
As of 7/7/2020 Account #116-4660-52050 has a balance of 52,000 (see attached Eden Report), Account #116-4221-
52050 has a balance of $42,000 (see attached Eden Report), Account#116-4550-52050 has a balance of $15,000 (see
attached Eden Report), Account#116-4911-52050 has a balance of $52,000 (see attached Eden Report)
ATTACHMENTS
- CONTRACT/AMENDMENT
- CERTIFICATES OF INSURANCE
- EMAIL TO CITY ATTORNEY FOR REVIEW/APPROVAL
- EXPENDITURE STATUS REPORT (AVAILABILITY OF FUNDS)
- STAFF REPORT 4/3/2019 & 11/6/2019
DocuSign Envelope ID: 2829C412-530F-416C-9450-4FAED206E40A
AMENDMENT NO. 3 TO
NON-PROFESSIONAL/MAINTENANCE SERVICES AGREEMENT BETWEEN MERCHANTS
BUILDING MAINTENANCE, LLC
AND THE CITY OF MENIFEE FOR CITY FACILITIES JANITORIAL SERVICES
(JULY 1, 2020 THRU JUNE 30, 2021)
This is Amendment No. 3 to that certain AGREEMENT for Non-Professional/Maintenance
Services Agreement (“Agreement”) made on April 3, 2019 by and between the City of Menifee
(“City”) and MERCHANTS BUILDING MAINTENANCE, LLC (“Contractor”) for CITY FACILITIES
JANITORIAL SERVICES (JULY 1, 2020 THRU JUNE 30, 2021) which Amendment is made and
entered into on _______________, 2020 to extend the term of services, update the scope of
services and increase the compensation amount as indicated below:
1. Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on April 1,
2019 and shall end on June 30, 2021 unless the term of the Agreement is otherwise
terminated or extended as provided for in Section 8. The time provided to Consultant
to complete the services required by this Agreement shall not affect the City's right to
terminate the Agreement, as provided for in Section 8.
2. Section 2, “Compensation” is amended to read as follows, increasing the contract amount
by: $104,737.36 (ONE HUNDRED FOUR THOUSAND SEVEN HUNDRED THIRTY
SEVEN DOLLARS AND THIRTY SIX CENTS)
Section 2. City hereby agrees to pay Contractor a sum not to exceed $192,321.88
(ONE HUNDRED NINETY TWO THOUSAND THREE HUNDRED TWENTY ONE DOLLARS
AND EIGHTY EIGHT CENTS) notwithstanding any contrary indications that may be contained
in Contractor's proposal, for services to be performed and reimbursable costs incurred under
this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding
the amount of compensation, this Agreement shall prevail. City shall pay Contractor for
services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the
manner specified herein. Except as specifically authorized in advance by City, Contractor
shall not bill City for duplicate services performed by more than one person.
3. Exhibit A, Scope of Services is supplemented to include Amendment No. 3- Exhibit A:
City of Menifee Facilities Janitorial Services, which is attached as Exhibit A hereto.
“Amendment No. 3 Exhibit A: City of Menifee Facilities Janitorial Services (Amendment
No. 3)” is not intended to replace the original Exhibit A to the Agreement, but instead to
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August 14,
Professional Services Amendment No. 3 with MERCHANTS BUILDING MAINTENANCE, LLC
updates the facility sites and compensation amount listed in the original Exhibit A to the
Agreement.
4. All other terms and conditions of the Agreement remain in full force and effect.
CITY OF MENIFEE MERCHANTS BUILDING MAINTENANCE, LLC
_______________________________ _______________________________
Armando G. Villa, City Manager Angel Meza, Regional Vice President
Attest: ________________________________
_______________________________
Sarah A. Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 1560B66B-47BC-42AC-8541-B6A8A0B69BE0DocuSign Envelope ID: 2829C412-530F-416C-9450-4FAED206E40A
Exhibit A: Amendment No. 3 City of Menifee Facilities Janitorial Services (Amendment
No. 3)
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From:Margarita Cornejo
To:Jeffery T. Melching
Subject:Agreement Review Request: Merchants Building Maintenance: FY20/21 Janitorial Services)
Date:Tuesday, July 7, 2020 9:18:59 AM
Attachments:2021 NON DEP- MAINTENANCE SERVICES AGREEMENT (MERCHANTS)(AMEND. NO. 3).docx
Staff Report_ 11.6.19.pdf
image007.png
Good Morning Jeff,
Attached for your review is the proposed Amendment No. 3 to Agreement with Merchants Building
Maintenance, LLC for City Facilities Janitorial Services (July 1, 2020 thru June 30, 2021).
This agreement request is from the City’s Public Works (Facilities)
Please note, for this amendment, the City Manager was pre-authorized at the 11/6/2020 meeting to
approve additional extensions up to $110,000 (see attached staff report)
Can you please review and advise if this is ok to start routing for signatures or will require any
changes?
Thank you!
Margarita Cornejo | Financial Services Manager
Finance Department
City of Menifee | 29844 Haun Road | Menifee, CA 92586 (*Please note our new location!)
Direct: (951) 723-3716 | City Hall: (951) 672-6777 | Fax: (951) 679-2568
mcornejo@cityofmenifee.us
Connect with us on social media: | | |
*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California
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City of Menifee
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Page:expstat.rpt Expenditure Status Report
7/1/2020 through 6/30/2021
Periods: 0 through 14
Facility Maintenance Services116
Account Number
Adjusted
Appropriation Expenditures
Year-to-date
Expenditures
Year-to-date
Encumbrances Balance
Prct
Used
116-4117 Fleet & Facility Services
97,724.00 0.00 0.00 0.00116-4117-50100 Salaries 0.00 97,724.00
13,329.00 0.00 0.00 0.00116-4117-50300 PERS Retirement 0.00 13,329.00
1,285.00 0.00 0.00 0.00116-4117-50320 Medicare 0.00 1,285.00
26,250.00 0.00 0.00 0.00116-4117-50400 Section 125 Benefit Plan 0.00 26,250.00
4,000.00 0.00 0.00 0.00116-4117-51500 Small Tools/Field Equipment 0.00 4,000.00
3,000.00 0.00 0.00 0.00116-4117-51501 Materials and Supplies 0.00 3,000.00
2,000.00 0.00 0.00 0.00116-4117-51600 Special Dept Exp 0.00 2,000.00
500.00 0.00 0.00 0.00116-4117-52210 Conference/Mtgs/Mileage 0.00 500.00
1,000.00 0.00 0.00 0.00116-4117-52211 Training 0.00 1,000.00
1,000.00 0.00 0.00 0.00116-4117-52400 Uniforms 0.00 1,000.00
2,000.00 0.00 0.00 0.00116-4117-52500 Equipment Maint. 0.00 2,000.00
2,000.00 0.00 0.00 0.00116-4117-53150 Furniture & Equipment 0.00 2,000.00
Total Fleet & Facility Services 154,088.00 0.00 0.00 0.00 154,088.00 0.00
116-4221 Non Departmental
15,000.00 0.00 0.00 0.00116-4221-51501 Materials and Supplies 0.00 15,000.00
42,000.00 0.00 0.00 0.00116-4221-52050 Facilities Maintenance 0.00 42,000.00
Total Non Departmental 57,000.00 0.00 0.00 0.00 57,000.00 0.00
116-4445 CalFire
60,000.00 0.00 0.00 0.00116-4445-52050 Facilities Maintenance 0.00 60,000.00
Total CalFire 60,000.00 0.00 0.00 0.00 60,000.00 0.00
116-4550 Public Works Administration
5,000.00 0.00 0.00 0.00116-4550-51501 Materials and Supplies 0.00 5,000.00
15,000.00 0.00 0.00 0.00116-4550-52050 Facilities Maintenance 0.00 15,000.00
Total Public Works Administration 20,000.00 0.00 0.00 0.00 20,000.00 0.00
116-4660 Community Services
10,000.00 0.00 0.00 0.00116-4660-51501 Materials and Supplies 0.00 10,000.00
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11:32AM
Page:expstat.rpt Expenditure Status Report
7/1/2020 through 6/30/2021
Periods: 0 through 14
Facility Maintenance Services116
Account Number
Adjusted
Appropriation Expenditures
Year-to-date
Expenditures
Year-to-date
Encumbrances Balance
Prct
Used
52,000.00 0.00 0.00 0.00116-4660-52050 Facilities Maintenance 0.00 52,000.00
Total Community Services 62,000.00 0.00 0.00 0.00 62,000.00 0.00
116-4911 Menifee Police Department
15,000.00 0.00 0.00 0.00116-4911-51501 Materials and Supplies 0.00 15,000.00
52,000.00 0.00 0.00 0.00116-4911-52050 Facilities Maintenance 0.00 52,000.00
Total Menifee Police Department 67,000.00 0.00 0.00 0.00 67,000.00 0.00
Total Facility Maintenance Services 420,088.00 0.00 0.00 0.00 420,088.00 0.00
Grand Total 420,088.00 0.00 0.00 0.00 0.00 420,088.00
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DocuSign Envelope ID: 2829C412-530F-416C-9450-4FAED206E40A
CITY OF MENIFEE
SUBJECT: Maintenance Agreement for City Facilities Janitorial Services
MEETING DATE: April 3, 2019
TO: Mayor and City Council
PREPARED BY: Allen Yun, Public Works Fleet & Facilities Manager
REVIEWED BY: Jonathan Smith, Public Works Director/City Engineer
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Approve a contract in the amount not to exceed $16,638.31 with Merchants Building
Maintenance for City Facilities Janitorial Services for the remainder of FY 2018/19.
2. Authorize the City Manager to execute subsequent three (3) one year annual contract
amendments in the not to exceed amount of $66,553.24 per year with Merchants
Building Maintenance for City Facilities Janitorial Services.
3. Authorize the City Manager to negotiate and execute a temporary agreement for
janitorial services with a new service provider, in a form to be approved by the City
Attorney, in the event of non-performance and/or termination of Merchants Building
Maintenance.
DISCUSSION
On February 21, 2019 the City of Menifee issued a Request for Proposals (RFP) for Janitorial
Services for the various existing city facilities. The purpose of the RFP was to:
- Competitively procure janitorial services for all existing city facilities, to select the most
cost-effective and high quality service provider;
- Unify janitorial services for all city facilities;
- Update janitorial services to replace services for the former City Hall located at 29714
Haun Road, with the new Menifee City Hall Facility located at 29844 Haun Road
Following issuance of the RFP, a mandatory job walk of the various city facilities, was held on
February 27, 2019. A total of nine (9) prospective contractors attended the mandatory job walk
meeting. Proposals were due on March 8, 2019, and a total of nine (9) proposals were received.
Subsequently, a comprehensive evaluation of the proposals received was completed by the
Evaluation/Selection Committee comprised of city staff from Public Works, Fleet & Facilities,
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City of Menifee Staff Report
Maintenance Agreement for City Facilities Janitorial Services
April 3, 2019
Page 2 of 3
and Community Services. Proposals were reviewed and ranked on the basis of Qualifications of
the Firms, References, Services Proposal, and Fee Proposal. The results of the evaluation
determined that Merchants Building Maintenance was the most competitive proposal that meets
all the specified requirements.
The final averaged weighted results of the evaluation completed were as follows:
Service Provider Average Score
A&A Janitorial Services 53.33 of 100 possible points
Alvarez Enterprise Services 48.67 of 100 possible points
Aztec Janitorial 83.33 of 100 possible points
Executive Facilities Services 75.33 of 100 possible points
Jan Point 72.67 of 100 possible points
Merchants Building Maintenance 86.33 of 100 possible points
RNA 78.00 of 100 possible points
Santa Fe Building Maintenance 62.33 of 100 possible points
Superior Cleaning LLC 6.67 of 100 possible points
Staff is recommending award of a contract in the not to exceed amount of $16,638.31 for the
remaining portion of FY 18/19 and requesting authorization by City Manager to execute three
(3) annual one (1) year contract amendments for annual services for City Facilities Janitorial
Services for the following sites:
- Menifee City Hall (29844 Haun Road)
- Menifee Public Works Maintenance and Operations Center (27680 Bradley Road)
- Community Services Headquarters- West Annex (29995 Evans Road)
- Kay Ceniceros Senior Center (29995 Evans Road)
- Kay Ceniceros Senior Center North Annex (29995 Evans Road)
- Menifee Police Substation (28115 Bradley Road)
The general terms and conditions of the agreement are as follows:
Initial 3 month term of service (through end of Fiscal Year 2018/19)
Three one-year optional extensions at the sole discretion of the City with set base pricing
(no annual increases)
Additional three one-year extensions at the sole discretion of the City, with the pricing
eligible for cost adjustment(s) request for the City’s consideration
City may terminate/cancel the agreement at any time and without cause upon written
notification to Contractor
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City of Menifee Staff Report
Maintenance Agreement for City Facilities Janitorial Services
April 3, 2019
Page 3 of 3
As an additional safeguard, in the event of non-performance and/or termination of the
agreement with Merchant Building Maintenance, staff is requesting City Council authorize the
City Manager to negotiate and execute a temporary agreement for janitorial services with a new
service provider. This would help ensure continuity of service and mitigate any disruption of
service, while a longer term service provider was selected. Should a temporary agreement be
necessary, staff would re-issue a new RFP for selection of a longer term service provider.
FISCAL IMPACT
Funding for the remaining FY 18/19 City Facilities Janitorial Services will be covered from the
available funds included as part of FY 18/19 within the following accounts:
Fund Facility Account # Amount
CSA 145 Lazy Creek Recreation Center 480-4554-52050 $ 947.31
General Fund –
Community Services
West Annex, KC Senior
Center, North Annex
100-4660-52050 $ 2,584.92
General Fund – Non-
Departmental
City Hall, Former City Hall 100-4221-52050 $ 7,668.96
General Fund- Police Police Substation 100-4440-52050 $ 3,943.29
General Fund- Public
Works Administration
Public Works MOC 100-4550-52050 $ 1,493.83
Total Funds $ 16,638.31
No additional budget appropriation(s) are required for this request.
Funding for the FY 19/20 City Facilities Janitorial Services will be covered in the upcoming
budget request for FY 19/20.
ATTACHMENTS
1. 1819 NON-DEPT- MAINTENANCE SERVICES AGREEMENT (Merchant)
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CITY OF MENIFEE
SUBJECT: Amendment No. 2 to Merchants Building Maintenance, LLC
Agreement
MEETING DATE: November 6, 2019
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Jonathan Smith, Public Works Director/City Engineer
APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Approve Amendment No. 2 in the not-to-exceed amount of $4,392.97, for a revised
contract amount of $70,946.21 with Merchants Building Maintenance, LLC for City
Facilities Janitorial Services (FY 2019/20); and
2. Approve contingency in the not-to-exceed amount of $15,000 for additional janitorial
services required for the Menifee Police Headquarters site during the remainder of F Y
2019/20 and authorize the City Manager to execute any corresponding amendment(s);
and
3. Authorize the City Manager to execute subsequent two (2) one-year annual contract
amendments, at the City’s discretion, in the not-to-exceed amount of $110,000 per year
with Merchants Building Maintenance, LLC for City Facilities Janitorial Services.
DISCUSSION
In April 2019, following completion of a competitive Request for Proposals process, the City of
Menifee awarded Merchants Building Maintenance, LLC (Merchants) a contract for janitorial
services at all existing city facilities, excluding park restrooms, which are maintained under the
existing landscape and park maintenance contract. At the time of selection of a janitorial
services maintenance provider, the Menifee Police Department Headquarters site (former
Menifee City Hall site located at 29714 Haun Road) and its final configuration was still under
discussion. Consequently, the site is not currently a part of the maintenance services agreement
with Merchants.
Amendment No. 1 with Merchants for FY 2019/20 janitorial services, excluding the Menifee
Police Headquarters site, has been executed pursuant the City Council previously authorizing
the City Manager to execute three additional one-year amendments not-to-exceed $66,553.24
per year. In recent months, significant progress has been achieved in the City’s efforts to have
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City of Menifee Staff Report
Amendment No. 2 - Merchants Building Maintenance, LLC
November 6, 2019
Page 2 of 2
the Menifee Police Department (Menifee PD) operating effective July 1, 2020. Beginning late
September 2019, existing Menifee PD staff has commenced working out of the headquarters
site therefore, a need for janitorial services at the site is necessary. However, as the site is not
currently fully staffed, staff has determined the current need for services is only twice per week,
and further limited to the specific site areas used by staff . Merchants has provided a quote for
providing services to the currently used sections of the headquarters at a frequency of twice per
week, at a monthly cost of $366.08.
Therefore, staff is recommending approval of Amendment No. 2 to the existing with Merchants
in the not-to-exceed amount of $4,392.97, for a revised annual compensation not-to-exceed
$70,946.21 for current janitorial services.
Additionally, as new Menifee PD staff are hired and the PD Headquarters are occupied, the
frequency and areas requiring janitorial services will increase during FY 2019/20. To
accommodate this, staff is recommending City Council approve a contingency not-to-exceed
$15,000 for additional janitorial services required for the Menifee PD Headquarters site during
the remainder of FY 2019/20 and authorize the City Manager to execute any corresponding
amendment(s).
Lastly, staff is recommending City Council authorize the City Manager to execute subsequent
two, one-year annual contract amendments, at the City’s discretion, in the not-to-exceed
amount of $110,000 per year with Merchants for City Facilities Janitorial Services, to
accommodate the additional Menifee PD Headquarters site in the upcoming two years.
FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 2 in the not-to-exceed $4,392.97 will be
covered form available funds included as part of the FY 2019/20 budget, specifically within
Account No. 116-4911-52050. Funding for the additional contingency of up to $15,000 for the
remainder of FY would also be funded as part of the FY 2019/20 budget. Future year(s)
amendments would be budgeted as part of the respective year’s budget process. No additional
budget appropriation action(s) is required.
ATTACHMENTS
1. Agreement with Merchants Building Maintenance, LLC
2. Amendment No. 1 to Agreement with Merchants Buildng Maintenance
3. Amendment No. 2 to Agreement with Merchants Building Maintenance
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