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2021/10/21 Merchants Building Maintenance, LLC Amendment No. 4 to Non-Professional Services/Maintenance Services between Merchants Building Maintenance, 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: October 20, 2021 TO: Armando G. Villa, City Manager CC: Agreement Routed/Approved by City Attorney: 10/14/2021 (Via email, attached) FROM: Margarita Cornejo, Financial Services Manager Bryce Howell, Park/Landscape Maintenance Manager SUBJECT: Amendment No. 4 to Agreement between the City of Menifee and Merchants Building Maintenance, LLC for City Facilities Janitorial Services (July 1, 2021 thru June 30, 2022). 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. Department Date Initials Jonathan Nicks, Community Services Director Wendy Preece, Deputy Finance Director Rochelle Clayton, Assistant City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk INSURANCE REQUIREMENTS CATEGORY APPLICABLE NOT APPLICABLE WAIVED EXPIRATION DATE General Liability 6/1/2022 Automobile Liability 6/1/2022 Worker’s Compensation 6/1/2022 Umbrella Liability 6/1/2022 Other: 6/1/2022 APPROVED/REVIEWED BY RISK MANAGEMENT (R. Cardenas, Deputy Human Resources Director): DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5 10/21/2021 10/21/2021 10/21/2021 10/21/2021 10/21/2021 DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 2 WHY IS THIS AGREEMENT/CONTRACT NEEDED? The amendment between the City of Menifee and Merchhants Building shall provide Janitorial Services for the vario us 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 othe r 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 FY21/22 period. WHAT IS THE TOTAL LENGTH OF THE AGREEMENT/CONTRACT? The term of the agreement will cover the period of July 1, 2021 thru June 30, 2022. WHAT IS THE TOTAL DOLLAR AMOUNT OF THE AGREEMENT/CONTRACT? $102,422.02 (Not-to-Exceed Amount) 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? FY2021/22 Budget (Facility Maintenance Services) WHAT GENERAL LEDGER ACCOUNT NUMBER SHOULD BE USED FOR THE PURCHASE ORDER? Facility Maintenance Services: 116-4660-52050 - Community Services ($27,502.37) 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 ($41,026.05) Total: 102,422.02 IS THERE SUFFICIENT BUDGET? WHAT IS THE AVAILABLE BUDGET? As of 10/20/2021 Account #116-4660-52050 has a balance of 71,648.95 (see attached Eden Report), Account #116- 4221-52050 has a balance of $50,240.45 (see attached Eden Report), Account#116-4550-52050 has a balance of $68,912.41 (see attached Eden Report), Account#116-4911-52050 has a balance of $175,967.27 (see attached Eden Report) DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 3 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: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA AMENDMENT NO. 4 TO NON-PROFESSIONAL SERVICES/MAINTENANCE SERVICES BETWEEN MERCHANTS BUILDING MAINTENANCE, LLC AND THE CITY OF MENIFEE FOR CITY FACILITIES JANITORIAL SERVICES (JULY 1, 2021 THRU JUNE 30, 2022) This is Amendment No. 4 to that certain AGREEMENT for NON-PROFESSIONAL SERVICES/MAINTENANCE SERVICES (“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, 2021 THRU JUNE 30, 2022) which Amendment No. 4 is made and entered into on ________________, 2021 to extend the term 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 the April 1, 2019 and shall end on June 30, 2022 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 1.6, “Covid-19 Safety” is included to read as follows: 1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing. 3. Section 2, “Compensation” is amended to read as follows, increasing the contract amount by: $ 102,422.02 (ONE HUNDRED TWO THOUSAND FOUR HUNDRED TWENY TWO DOLLARS AND TWO CENTS) Section 2. City hereby agrees to pay Contractor a sum not to exceed $294,743.90 (TWO HUNDRED NINETY FOUR THOUSAND SEVEN HUNDRED FORTY THREE DOLLARS AND NINETY 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 Section 3. 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. 4. All other terms and conditions of the Agreement remain in full force and effect. DocuSign Envelope ID: CA7A26ED-813F-4288-837A-51BEBD7771D7DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA October 21 Non-Professional Services Amendment No. 4 with MERCHANTS BUILDING MAINTENANCE, LLC CITY OF MENIFEE MERCHANTS BUILDING MAINTENANCE, LLC _______________________________ _______________________________ Armando G. Villa, City Manager Angel Meza, Regional Vice President Attest: _______________________________ Stephanie Meza, Operations Manager _______________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: CA7A26ED-813F-4288-837A-51BEBD7771D7DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/28/2021 Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 (626) 799-7000 (626) 583-2117 www.boltonco.com 0008309 Nationwide Mutual Insurance Company (A+XV)23787 Safety National Casualty Corporation (A+ XIV)15105 Federal Insurance Company (A++XV)20281 AMCO Insurance Company (A+XV)19100 Berkshire Hathaway Homestate Ins. Co. (A++ XV)20044 16691Great American Insurance Company (A+XIV) A 1,000,000ACP30387352986/1/2021 6/1/2022 1,000,000 3 0 3 1,000,000 2,000,000 2.000,0003 A ACP3038735298 6/1/2021 6/1/2022 1,000,000 3 D ACP3038735298 6/1/2021 6/1/2022 5,000,00033 5,000,000 0 B SP4064806 Excess WC (CA)6/1/2021 6/1/2022 3 E MEWC232656 (AOS)1/1/2021 1/1/2022 1,000,000 1,000,000 1,000,000 C Fidelity/3rd Party Crime 81585028 6/1/2021 6/1/2022 Limit $1 MIL/Ded. $25,000 A Rented Equipment ACP3038735298 6/1/2021 6/1/2022 Limit: $40,000/item; Ded. $2,500 F Excess Liability - Occurrence TUE257195103 6/1/2021 6/1/2022 $5,000,000 Excess of $5,000,000 Umbrella Cheryl Feia Contractors Job Site Pollution 7930111510000 6/1/2021 6/1/2022 $1,000,000 Each Incident/$5,000 Deductibl Merchants Building Maintenance 1190 Monterey Pass Road Monterey Park CA 91754 62068812 3 3 3 3 GL & Auto Additional Insureds apply per CG81860319 & AC70060316 attached, only if required by written contract/agreement. GL Primary & XWC Cancellation Clauses apply per IL00171198, AC70060316 & SPWC0908 attached. Additional Insured(s): City of Menifee and its officers, employees, City of Menifee 29714 Haun Menifee, CA 92586 Workers Comp is Self-Insured under California Certificate of Consent to Self Insure #1793 for California operations. Non Contributory Wording applies per CG20010413 attached. GL & XSWC Waivers of Subrogation apply per CG81860319 & 0456000113XWC attached. GL, Auto & agents, and authorized volunteers. 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 1 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA ACP3038735298 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 2 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA ACP3038735298 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 3 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA CG 81 86 03 19 Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 1. Additional Insured – Automatic Status When Required In An Agreement Or Contract With You SECTION II – WHO IS AN INSURED is amended to include: 1. Any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: (1) Is currently in effect or becomes effective during the term or this policy; and (2) Was executed prior to the “bodily injury,” “property damage” or “personal and advertising injury” for which the additional insured seeks coverage. The person or organization added as an additional insured by this endorsement is an additional insured only with respect to liability for: 1. “Bodily injury” or “property damage” or 2. “Personal and advertising injury”; due to: a. Controlling Interest – with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises – with respect to the co-owner’s liability as a co-owner of such premises. c. Grantor of Franchise or License Any person or organization that has granted you a franchise or license by written contract or agreement is an additional insured, but only with respect to their liability as a grantor of a franchise or license to you. However, their status as additional insured under this policy ends when their contract or agreement with you granting the franchise or license ends. d. Lessors of Leased Equipment – with respect to their liability for “bodily injury”, “property damage”, or “personal and advertising injury”, caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any “occurrence” which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. e. Lessor of Land – with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premise; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. f. Managers or Lessors of Premises – with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. ACP3038735298 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 4 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA CG 81 86 03 19 CG 81 86 03 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. g. Mortgagee, Assignee or Receiver – with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premise by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Owners, Lessees, or Contractors – with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf; or (3) “Your work” performed for that additional insured and included in the “products-completed operations hazard.” The insurance does not apply to: (a) “Bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (i) The preparing, approv- ing, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (ii) Supervisory, inspection, architectural or engi- neering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or failure to render, any professional, architectural, engineering, or surveying services. i. State or Political Subdivision – Permits Relating to Premises – with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising, signs, awnings, canopies, cellar entrances, coal holes, drive- ways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) “Bodily injury” or “property damage” or “personal or advertising injury” arising out of operations performed for the state or municipality; or (2) “Bodily injury” or “property damage” included within the “products-completed operations hazard”. 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 5 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA CG 81 86 03 19 Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 81 86 03 19 However, such state or political subdivision’s status as additional insured under this policy ends when the permit ends. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The insurance afforded to such additional insureds described in a.- i. above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than any coverage requirement in a contract or agreement to provide for such additional insured. 2. Aggregate Limit Per Project Under SECTION III – LIMITS OF INSURANCE, the following paragraph is added to Paragraph 2: The General Aggregate Limit under SECTION III LIMITS OF INSURANCE applies separately to each of your construction projects away from premises owned by or rented to you. 3. Blanket Waiver Of Subrogation Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. “Your work” included in the “products completed operations hazard.” However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: a. Is in effect or becomes effective during the term or this policy; and b. Was executed prior to loss. 4. Broad Form Named Insured Under SECTION II – WHO IS AN INSURED, the following is added to Paragraph 2: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. 5. Broadened Bodily Injury Definition (Mental Anguish) Under SECTION V – DEFINITIONS, Definition 3. “Bodily Injury” is replaced with: 3. “Bodily injury” means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish, mental injury, shock, or humiliation, including death at any time resulting therefrom. 6. Broadened Liability Coverage for Damage to “Your Product” and “Your Work” Under SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and l. and replace them with the following: This insurance does not apply to: k. Damage to Your Product “Property damage” to “your product” arising out of it or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. l. Damage to Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products-completed operations hazard”. This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 6 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named In- sured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insur- ance would be primary and would not seek contribution from any other insur- ance available to the additional insured. ACP3038735298 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 7 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy ACP3038735298 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 8 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 0456 00 0113 (XWC) ENDORSEMENT BLANKET WAIVER OF SUBROGATION Effective 12:01 A.M., Local Time June 1, 2021 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it is hereby understood and agreed that the Recovery From Others section of this Agreement is amended to include the following additional language The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contrac t that requires the EMPLOYER to obtain this agreement from the CORPORATION. All other terms, conditions, agreements and stipulations remain unchanged. Attach to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No SP4064806 issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to MERCHANTS BUILDING MAINTENANCE COMPANY, ET AL, dated June 1, 2021. SAFETY NATIONAL CASUALTY CORPORATION Secretary President 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 9 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA –“†‚”‚ƒš “†‡–”† • ”†••† ‚š „‚ŠŽ ˜‰Š„‰M Š •‰† †™†“„Š”† ‡ ”–… ‹–…ˆŽ†• ˜Š•‰ “†”‘†„• • •‰† †•Š“† „‚ŠŽM ”‰–… ƒ† ”†••†…M ‘“—Š…†…M ‰˜†—†“M •‰‚• •‰† fnqmpzfs ”‰‚ • Ž‚Œ† ‚š ‘‚šŽ†• “ ‚ˆ“†† • ‚š ”†••†Ž†• ‡“ ‚š ”–Ž ˜‰Š„‰ ˜–… Š——† •‰† ŠŽŠ•” ‡ •‰† dpsqpsbujpoH” Š‚ƒŠŠ•š ‰†“†–…†“ ˜Š•‰–• •‰† ‚‘‘“—‚ ‡ •‰† dpsqpsbujpoO j‡ •‰† dpsqpsbujpo Š” ‘“†‹–…Š„†… ƒš •‰† fnqmpzfsH” ‡‚Š–“† • †™†“„Š”† …ŠŠˆ†„†M ‘“–…†„†M ‚… ˆ… ‡‚Š•‰M •‰† dpsqpsbujpo Ž‚š ††„• • …Š”„‚ŠŽ „—†“‚ˆ† ‡“ m”” ‡“Ž ”–„‰ „‚ŠŽO mO j”‘†„•Š ‚… b–…Š• u‰† dpsqpsbujpo ”‰‚ ‰‚—† •‰† “Šˆ‰•M ƒ–• • •‰† ƒŠˆ‚•ŠM • Š”‘†„• •‰† ‘“†ŽŠ”†” ‚… †’–Š‘Ž†• ‚…P“ • ‚–…Š• •‰† ƒŒ” ‚… “†„“…” ‡ •‰† fnqmpzfs ‚… ‡ Š•” ‚ˆ†•” ‚… “†‘“†”†•‚•Š—†”M Š„–…Šˆ ‚ “†„“…” “†‚•Šˆ • ‘‚š“ ‚… „‚ŠŽ” Ž‚••†“”M ‚• ‚š “†‚”‚ƒ† •ŠŽ† …–“Šˆ •‰† ‘†“Š… ‡ •‰Š” bˆ“††Ž†• ‚… ˜Š•‰Š •‰“†† ITJ š†‚“” ‚‡•†“ ‡Š‚ ”†••†Ž†• ‡ ‚ „‚ŠŽ” …–† • p„„–““†„†” ‰‚‘‘†Šˆ …–“Šˆ •‰† •†“Ž ‡ •‰Š” bˆ“††Ž†•O b ‚–…Š• • …†•†“ŽŠ† n‚–‚ “ t•‚…‚“… q“†ŽŠ–Ž ”‰‚ ”–‘†“”†…† ‚š ‚… ‚ ‘“Š“ —–•‚“š ‘‚š“ “†‘“•” ƒš •‰† fnqmpzfsM ‚… ˜Š ƒ† –”†… • …†•†“ŽŠ† •‰† ‡Š‚ ‚…‹–”•Ž†• ‡ ‘“†ŽŠ–Ž” …–† • •‰† dpsqpsbujpoO t‰–… ‚ …†•†“ŽŠ‚•Š ƒ† Ž‚…† •‰‚• ‚……Š•Š‚ ‚–…Š• ‘“†ŽŠ–Ž Š” …–† • •‰† dpsqpsbujpoM •‰† …–† …‚•† ‡“ ‘‚šŽ†• ‡ ”–„‰ ‚–…Š• ‘“†ŽŠ–Ž ”‰‚ ƒ† •‰Š“•š ITQJ …‚š” ‚‡•†“ •‰† …‚•† ‡ ƒŠŠˆO nO p•‰†“ j”–“‚„† j‡ •‰† fnqmpzfs „‚““Š†” •‰†“ —‚Š… ‚… „†„•Šƒ† Š”–“‚„†M “†Š”–“‚„†M “ Š…†ŽŠ•š ˜Š•‰ ‚š •‰†“ Š”–“†“ “ “†Š”–“†“ „—†“Šˆ ‚ m”” ‚” „—†“†… ƒš •‰Š” bˆ“††Ž†• I•‰†“ •‰‚ Š”–“‚„† “ “†Š”–“‚„† •‰‚• Š” ‘–“„‰‚”†… • ‚‘‘š Š †™„†”” ‡ •‰† ”–Ž ‡ •‰† t†‡Nj”–“†… s†•†•Š ‚… •‰† n‚™ŠŽ–Ž mŠŽŠ•” ‡ j…†ŽŠ•š ‰†“†–…†“JM •‰† Š”–“‚„† ‚‡‡“…†… ƒš •‰Š” bˆ“††Ž†• ”‰‚ ‚‘‘š Š †™„†”” ‡ ‚… ”‰‚ • „•“Šƒ–•† ˜Š•‰ ”–„‰ •‰†“ Š”–“‚„† “ “†Š”–“‚„†O oO s†„—†“š ‡“Ž p•‰†“” u‰† fnqmpzfs ‚ˆ“††” • ‘“”†„–•† ‚š ‚… ‚ —‚Š… „‚ŠŽ” •‰† fnqmpzfs Ž‚š ‰‚—† ‚ˆ‚Š”• ‚š •‰†“ ‘‚“•š “ ”–“„† •‰‚• Ž‚š ŽŠ•Šˆ‚•† ‚š m”” –…†“ •‰Š” bˆ“††Ž†• ‚… “†•–“ • •‰† dpsqpsbujpo ‚š ‚Ž–• ” “†„—†“†…M †”” •‰† “†‚”‚ƒ† †™‘†”† ‡ „†„•Šˆ ”–„‰ ‚Ž–•”O u‰† dpsqpsbujpo ”‰‚ ‰‚—† •‰† fnqmpzfsH” “Šˆ‰•” • ‘“”†„–•† ‚š ‚… ‚ —‚Š… „‚ŠŽ” ‚ˆ‚Š”• ‚š •‰†“ ‘‚“•š “ ”–“„† •‰‚• Ž‚š ŽŠ•Šˆ‚•† ‚š m”” –…†“ •‰Š” bˆ“††Ž†•O u‰† fnqmpzfs ‚ˆ“††” •‰‚• Š• ˜Š ‚””Š”• •‰† dpsqpsbujpo Š ‚š ‘“”†„–•Š ‡ ‚š ‚… ‚ —‚Š… „‚ŠŽ” ‚ˆ‚Š”• ‚š •‰†“ ‘‚“•š “ ”–“„† •‰‚• Ž‚š ŽŠ•Šˆ‚•† ‚š m”” –…†“ •‰Š” bˆ“††Ž†•O bš ‚Ž–•” “†„—†“†… ƒš •‰† fnqmpzfs “ •‰† dpsqpsbujpo ‡“Ž ‚š ‘‚“•š “ ”–“„† •‰‚• Ž‚š ŽŠ•Šˆ‚•† ‚š m”” –…†“ •‰Š” bˆ“††Ž†• ”‰‚ ‡Š“”• ƒ† –”†… • ‘‚š •‰† †™‘†”†” ‡ „†„•Š ‚… • “†ŠŽƒ–“”† •‰† dpsqpsbujpo ‡“ ‚š ‚Ž–• Š• Ž‚š ‰‚—† ‘‚Š… •‰† fnqmpzfs ‡“ •‰† mŠ‚ƒŠŠ•š q†“Š… „„†“†…M ‚… ‚ “†Ž‚ŠŠˆ ‚Ž–•” „†„•†… ”‰‚ ƒ† ‘‚Š… • •‰† fnqmpzfsO QO d‰‚ˆ† Š bˆ“††Ž†• o „…Š•ŠM ‘“—Š”ŠM “ …†„‚“‚•Š ‡ •‰Š” bˆ“††Ž†• ”‰‚ ƒ† ˜‚Š—†… “ ‚•†“†… ‚• ‚š •ŠŽ†M †™„†‘• ‚” ”‘†„Š‡Š†… Š t†„•Š gM †™„†‘• ƒš †…“”†Ž†• ”Šˆ†… ƒš •‰† q“†”Š…†• “ ‚ t†Š“ wŠ„† q“†”Š…†• ‚… •‰† t†„“†•‚“š “ ‚ b””Š”•‚• t†„“†•‚“š ‡ •‰† dpsqpsbujpoO u‰Š” bˆ“††Ž†• ‰†“†ƒš •†“ŽŠ‚•†”M ”–‘†“”†…†”M ‚… “†‘‚„†” ‚ ‘“†—Š–”š Š””–†… x“Œ†“”H dŽ‘†”‚•Š j”–“‚„† “ s†Š”–“‚„† bˆ“††Ž†•”M ‚” ‚Ž†…†…M ƒ†•˜†† •‰† fnqmpzfs ‚… •‰† dpsqpsbujpoO j‡ •†“Ž” ‡ •‰Š” bˆ“††Ž†• ‚“† Š „‡Š„• ˜Š•‰ ‚š ‚˜ ‚‘‘Š„‚ƒ† • •‰Š” bˆ“††Ž†•M •‰Š” ”•‚•†Ž†• ‚Ž†…” •‰Š” bˆ“††Ž†• • „‡“Ž • ”–„‰ ‚˜O j ‚……Š•ŠM Š •‰† †—†• ‚š •†“Ž” ‚“† Š „‡Š„• ˜Š•‰ ‚‘‘Š„‚ƒ† ‚˜”M •‰† “†Ž‚ŠŠˆ •†“Ž” ‡ •‰† bˆ“††Ž†• ”‰‚ ƒ† †‡“„†‚ƒ†O qO d‚„†‚•Š u‰Š” bˆ“††Ž†• Ž‚š ƒ† „‚„††… ƒš †Š•‰†“ ‘‚“•š ˆŠ—Šˆ •‰† •‰†“ ‘‚“•š ˜“Š••† •Š„† • †”” •‰‚ ”Š™•š IWQJ …‚š” ‘“Š“ • •‰† …‚•† ‡ „‚„†‚•ŠM †™„†‘•M •‰‚• Š‡ •‰† dpsqpsbujpo „‚„†” ‡“ N‘‚šŽ†• ‡ ‚š ‘“†ŽŠ–ŽM •‰† „‚„†‚•Š ”‰‚ ƒ†„Ž† †‡‡†„•Š—† •† IRQJ …‚š” ‚‡•†“ …Š”‘‚•„‰ ‡ •Š„† ƒš •‰† dpsqpsbujpoO u‰† …‚•† ‡ „‚„†‚•Š •‰† ƒ†„Ž†” •‰† •†“ŽŠ‚•Š …‚•† ‡ •‰† ‡Š‚ mŠ‚ƒŠŠ•š q†“Š…O u‰Š” bˆ“††Ž†• …†” • ‚‘‘š • m”” ‚” ‚ “†”–• ‡ p„„–““†„†” •‚ŒŠˆ ‘‚„† ‚‡•†“ •‰† †‡‡†„•Š—† …‚•† ‡ ”–„‰ „‚„†‚•ŠO j‡ „‚„†‚•Š Š” †‡‡†„•†… ƒš •‰† fnqmpzfsM •‰† n‚–‚ “ t•‚…‚“… q“†ŽŠ–Ž ”‰‚ ƒ† …†•†“ŽŠ†… ƒš •‰† ”‰“• “‚•† •‚ƒ†” –”†… ‡“ „‚”–‚•š Š”–“‚„†M ‚… •‰† f‚“†… q“†ŽŠ–Ž ”‰‚ ƒ† •‰† ‘“…–„• ‡ •‰† q“†ŽŠ–Ž s‚•† Ij•†Ž ZJ •ŠŽ†” •‰† n‚–‚ “ t•‚…‚“… q“†ŽŠ–Ž I“ •‰† u•‚ b–‚ s†Ž–†“‚•ŠJ ” ‚““Š—†… ‚•M ƒ–• • †”” •‰‚ •‰† nŠŠŽ–Ž q“†ŽŠ–Ž ”‘†„Š‡Š†… Š •‰† e†„‚“‚•Š”O j‡ „‚„†‚•Š Š” †‡‡†„•†… ƒš •‰† dpsqpsbujpo ‡“ N ‘‚šŽ†• ‡ ‘“†ŽŠ–ŽM •‰† fnqmpzfs ”‰‚ ‘‚š •‰† dpsqpsbujpo f‚“†… q“†ŽŠ–Ž ‡“ •‰† ‘†“Š… –‘ • •‰† …‚•† ‡ „‚„†‚•ŠO j‡ •‰† dpsqpsbujpo „‚„†” ‡“ ‚š •‰†“ “†‚”M •‰† n‚–‚ “ t•‚…‚“… q“†ŽŠ–Ž I“ •‰† u•‚ b–‚ s†Ž–†“‚•ŠJ ”‰‚ ƒ† …†•†“ŽŠ†… –‘ ‚ ‘“ “‚•‚ ƒ‚”Š” ‚… •‰† f‚“†… q“†ŽŠ–Ž ‚…‹–”•†… Š ‚„„“…‚„† •‰†“†˜Š•‰O rO b””ŠˆŽ†• b ‚””ŠˆŽ†• ‡ Š•†“†”• –…†“ •‰Š” bˆ“††Ž†• ˜Š • ƒŠ… •‰† dpsqpsbujpo –†”” ‚ †…“”†Ž†• ”Šˆ†… ƒš •‰† q“†”Š…†• “ ‚ t†Š“ wŠ„† q“†”Š…†• ‚… •‰† t†„“†•‚“š “ ‚ b””Š”•‚• t†„“†•‚“š ‡ •‰† dpsqpsbujpo ‚””ŠˆŠˆ Š•†“†”• –…†“ •‰Š” bˆ“††Ž†• Š” Š””–†… ƒš •‰† dpsqpsbujpoO jm c‚Œ“–‘•„š “ j”—†„š ‡ fŽ‘š†“ u‰† ƒ‚Œ“–‘•„š “ Š”—†„š ‡ •‰† fnqmpzfs ˜Š • “†Š†—† •‰† dpsqpsbujpo “ •‰† fnqmpzfs ‡ Š•” …–•Š†” ‚… Š‚ƒŠŠ•Š†” –…†“ •‰Š” bˆ“††Ž†•O b‡•†“ ‘‚šŽ†•” ‰‚—† tqxdNQZhY¡bl SP4064806 Excess WC (CA) 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 10 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy ACP3038735298 62068812 | MERCH-1 | (1b) 6.1.21 Renl incl Pollution, 1.1.21 OOS WC | Nancy Cadwallader | 5/28/2021 11:00:54 AM (PDT) | Page 11 of 11 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 1 Maritsa Ramirez From:Margarita Cornejo Sent:Thursday, October 14, 2021 8:59 AM To:Maritsa Ramirez Subject:FW: Agreement Review Request: (Merchants Building LLC)(Amendment No. 4)(Janitorial Services) Attachments:2122 NON DEP- MAINTENANCE SERVICES AGREEMENT (MERCHANTS)(AMEND. NO. 4).docx; 1819 NON- MAINTENANCE SERVICES AGREEMENT (Merchant).pdf From: Margarita Cornejo Sent: Thursday, October 14, 2021 8:59 AM To: 'Sanders, Jessica' <jsanders@rutan.com> Cc: Jeffery T. Melching <jmelching@rutan.com> Subject: Agreement Review Request: (Merchants Building LLC)(Amendment No. 4)(Janitorial Services) Good Morning Jessica, Attached for your review is the proposed Amendment No. 4 to the existing Maintenance Services Agreement with Merchants Building LLC for Janitorial Services. This agreement request is from the Community Services Department/Facilities. 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 Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email. DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 2 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 10/20/2021 City of Menifee 1 8:25AM Page:expstat.rpt Expenditure Status Report 7/1/2021 through 6/30/2022 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 96,899.13 26,954.47 26,954.47 27.82116-4117-50100 Salaries 0.00 69,944.66 10,000.00 74.01 74.01 0.74116-4117-50200 Overtime 0.00 9,925.99 22,000.00 0.00 0.00 0.00116-4117-50220 Part Time 0.00 22,000.00 7,490.30 2,014.25 2,014.25 26.89116-4117-50300 PERS Retirement 0.00 5,476.05 1,355.00 0.00 0.00 0.00116-4117-50310 Social Security 0.00 1,355.00 1,405.04 388.81 388.81 27.67116-4117-50320 Medicare 0.00 1,016.23 27,375.00 5,453.47 5,453.47 19.92116-4117-50400 Section 125 Benefit Plan 0.00 21,921.53 6,000.00 0.00 0.00 0.00116-4117-51500 Small Tools/Field Equipment 0.00 6,000.00 3,000.00 0.00 0.00 0.00116-4117-51501 Materials and Supplies 0.00 3,000.00 1,500.00 0.00 0.00 0.00116-4117-51600 Special Dept Exp 0.00 1,500.00 500.00 0.00 0.00 0.00116-4117-52210 Conference/Mtgs/Mileage 0.00 500.00 2,500.00 0.00 0.00 0.00116-4117-52211 Training 0.00 2,500.00 1,500.00 21.78 21.78 1.45116-4117-52400 Uniforms 0.00 1,478.22 1,500.00 0.00 0.00 0.00116-4117-53150 Furniture & Equipment 0.00 1,500.00 Total Fleet & Facility Services 183,024.47 34,906.79 34,906.79 0.00 148,117.68 19.07 116-4221 Non Departmental 12,000.00 0.00 0.00 0.00116-4221-51501 Materials and Supplies 0.00 12,000.00 53,028.00 1,591.91 1,591.91 5.26116-4221-52050 Facilities Maintenance 1,195.64 50,240.45 Total Non Departmental 65,028.00 1,591.91 1,591.91 1,195.64 62,240.45 4.29 116-4445 CalFire 83,411.79 23,867.93 23,867.93 36.63116-4445-52050 Facilities Maintenance 6,687.41 52,856.45 Total CalFire 83,411.79 23,867.93 23,867.93 6,687.41 52,856.45 36.63 116-4550 Public Works 13,000.00 118.53 118.53 0.91116-4550-51501 Materials and Supplies 0.00 12,881.47 76,338.00 3,654.54 3,654.54 9.73116-4550-52050 Facilities Maintenance 3,771.05 68,912.41 Total Public Works 89,338.00 3,773.07 3,773.07 3,771.05 81,793.88 8.44 116-4660 Community Services 1Page: DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 10/20/2021 City of Menifee 2 8:25AM Page:expstat.rpt Expenditure Status Report 7/1/2021 through 6/30/2022 Periods: 0 through 14 Facility Maintenance Services116 Account Number Adjusted Appropriation Expenditures Year-to-date Expenditures Year-to-date Encumbrances Balance Prct Used 15,000.00 285.90 285.90 1.91116-4660-51501 Materials and Supplies 0.00 14,714.10 80,022.00 6,201.21 6,201.21 10.46116-4660-52050 Facilities Maintenance 2,171.84 71,648.95 Total Community Services 95,022.00 6,487.11 6,487.11 2,171.84 86,363.05 9.11 116-4911 Menifee Police Department 15,000.00 0.00 0.00 0.00116-4911-51501 Materials and Supplies 0.00 15,000.00 189,358.00 6,553.13 6,553.13 7.07116-4911-52050 Facilities Maintenance 6,837.60 175,967.27 Total Menifee Police Department 204,358.00 6,553.13 6,553.13 6,837.60 190,967.27 6.55 Total Facility Maintenance Services 720,182.26 77,179.94 77,179.94 20,663.54 622,338.78 13.59 Grand Total 720,182.26 77,179.94 77,179.94 13.59 20,663.54 622,338.78 2Page: DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 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, 10.4 Packet Pg. 74 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 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 10.4 Packet Pg. 75 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 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) 10.4 Packet Pg. 76 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 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 11.12 Packet Pg. 349 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA 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 11.12 Packet Pg. 350 DocuSign Envelope ID: 95FF54FA-8E77-4BDE-BD0E-C9B25FA721D5DocuSign Envelope ID: C50B7FD6-28C4-45A8-9239-FEDC53A589AA