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CITY OF MENIFEE
CONTRACTOR AGREEMENT
CITY OF MENIFEE CITY FACILITIES JANITORIAL SERVICES
THIS CONTRACTOR AGREEMENT (“Agreement”) is made and
effective this _____ day of _________, 2022 (“Effective Date”) by and between the CITY OF
MENIFEE, a California municipal corporation, (“City”) and AZTEC JANITORIAL
SERVICES, a California Corporation (“Contractor”). City and Contractor may sometimes herein
be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Contractor will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on May 1, 2022 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Contractor to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Contractor represents and warrants that Contractor is a
provider of first class work and services and Contractor is experienced in performing the Services
contemplated herein and, in light of such status and experience, Contractor shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Contractor
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Contractor shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Contractor’s obligations
hereunder.
1.5 Authorization to Perform Services. Contractor is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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1.6 Covid-19 Safety. If Contractor 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.
SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed THIRTY FIVE THOUSAND
ONE HUNDRED NINETY THREE DOLLARS AND TWENTY ONE CENTS
DOLLARS ($35,193.21) notwithstanding any contrary indications that may be contained in
Contractor’s proposal, for the 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 the 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 the 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.
2.1 Invoices. Contractor shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Contractor and each employee, agent, and subcontractor of Contractor performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Contractor Representative’s signature
Invoices shall be submitted to:
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Contractor terminates this
Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Contractor shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. In no
event shall City be required to furnish any facility that may involve incurring any direct expense,
including but not limited to computer, long-distance telephone or other communication charges,
vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
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Before beginning any work under this Agreement, Contractor, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Contractor has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Contractor shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Contractor’s compensation. Contractor shall not
allow any subcontractor, consultant, or other agent to commence work on any subcontract until
Contractor has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Contractor pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Contractor may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. Commercial General Liability. Contractor, at its own cost and expense,
shall maintain commercial general liability insurance for the term of this Agreement on an
“occurrence” basis, including products and completed operations, property damage, bodily injury
and personal & advertising injury with limits no less than TWO MILLION
DOLLARS ($2,000,000.00) per occurrence. If a general aggregate limit is used, either the general
aggregate limit shall apply separately to the Services to be performed under this Agreement or the
general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and personal
injury, including death resulting therefrom, and damage to property resulting from the Services
contemplated under this Agreement.
b. Automobile Liability. Contractor, at its own cost and expense, shall
maintain automobile liability insurance for the term of this Agreement covering any auto (Code
1), or if Contractor has no owned autos, hired (Code 8), and non-owned autos (Code 9), with limit
no less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit
coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION
DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00)
products/completed operations aggregate. If an Automobile Liability Insurance form or other form
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with a general aggregate limit is used, either the general aggregate limit shall apply separately to
the Services to be performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be limited to,
protection against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from the Services contemplated under this
Agreement, including the use of hired, owned, and non-owned automobiles.
c. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
d. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Contractor to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 DOES NOT APPLY TO CITY OF MENIFEE CITY FACILITIES JANITORIAL
SERVICES
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Contractor shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
(CITY OF MENIFEE CITY FACILITIES JANITORIAL SERVICES. The name and address
for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City
of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional
insured for liability arising out of ongoing and completed operations by or on behalf of Contractor..
c. Notice of Reduction in or Cancellation of Coverage. Contractor shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Contractor,
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including the insured’s general supervision of Contractor; products and completed operations of
Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles
owned, leased, or used by Contractor in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Contractor shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Contractor may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Contractor to stop work under this Agreement or withhold any
payment that becomes due to Contractor hereunder, or both stop work and withhold any
payment, until Contractor demonstrates compliance with the requirements hereof; and/or
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c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
To the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with
counsel selected by City), and hold harmless City, and any and all of its officers, employees,
officials, volunteers, and agents from and against any and all claims, losses, costs, damages,
expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law,
in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including
reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and
nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by
City) and any judgment, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by Contractor or by any
individual or entity for which Contractor is legally liable, including but not limited to officers,
agents, employees or subcontractors of Contractor.
The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole
or active negligence. The provisions of this Section 5 shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officers, officials,
employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have
the right to control the means by which Contractor accomplishes the Services rendered pursuant
to this Agreement. The personnel performing the Services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor
shall not at any time or in any manner represent that it or any of its officers, employees, or agents
is in any manner officers, officials, employees, or agents of City. Contractor shall not incur or
have the power to incur any debt, obligation, or liability whatever against City, or bind City in any
manner. Except for the fees paid to Contractor as provided in this Agreement, City shall not pay
salaries, wages, or other compensation to Contractor for performing the Services hereunder for
City. City shall not be liable for compensation or indemnification to Contractor for injury or
sickness arising out of performing the Services hereunder. Notwithstanding any other City, state,
or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its
employees, agents, and subcontractors providing services under this Agreement shall not qualify
for or become entitled to any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees Retirement
System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City
for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Contractor shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Contractor’s employee and
subcontractors. It is understood that it is the responsibility of Contractor to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Contractor shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Contractor or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Contractor or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Contractor shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Contractor acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Licenses and Permits. Contractor represents and warrants to City that Contractor
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Contractor represents and warrants to City that Contractor and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Contractor.
8.2 Termination by Contractor. Contractor may cancel this Agreement upon 30 days’
written notice to City.
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8.3 Consequences of Termination. In the event of termination, Contractor shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Contractor delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Contractor or prepared by or for Contractor or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Contractor with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a determination
of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Contractor. Contractor may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Contractor
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Contractor’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Contractor’s employ, Contractor
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Contractor
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Contractor. If Contractor materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different Contractor to complete the Services described in
Exhibit A; and/or
d. Charge Contractor the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Contractor prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Contractor hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Contractor. City and
Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 DOES NOT APPLY TO STREET SWEEPING.
9.3 Contractor’s Books and Records. Contractor shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Contractor under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
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action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Representative. All matters under this Agreement shall be handled for
Contractor by Genaro Garcia (“Contractor’s Representative”). The Contractor’s Representative
shall have full authority to represent and act on behalf of Contractor for all purposes under this
Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best
skill and attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Bryce Howell, Park/Landscape Maintenance Manager (“Contract Administrator”). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Contractor shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
AZTEC JANITORIAL SERVICES
ATTN: Genaro Garcia
7970 LEMON GROVE WAY
LEMON GROVE, CA 91945
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Bryce Howell, Park/Landscape Maintenance Manager
with a copy to:
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City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 DOES NOT APPLY TO CITY OF MENIFEE CITY FACILITIES JANITORIAL
SERVICES
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Contractor, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
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10.18 No Undue Influence. Contractor declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONTRACTOR
Genaro Garcia, President
Marcy Grismer, Vice-President
[Note: 2 officer’s signatures required if
Contractor is a corporation]
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12775493.1 a03/08/22 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Regular/recurring janitorial services at various City facilities. in the amount
not to exceed THIRTY FIVE THOUSAND ONE HUNDRED NINETY THREE DOLLARS
AND TWENTY ONE CENTS DOLLARS ($35,193.21) as further detailed in the following
page(s).
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GENERAL SPECIFICATIONS AND PROVISIONS
The contractor 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 contract.
Contractor shall establish effective communication channels to allow daily communication with
assigned staff and weekly/monthly evaluations of services provided.
All work is to be performed on the days and between the hours specified for each building, except
on recognized City holidays stated within. However, the Police Station Headquarters and Substation
shall all be cleaned on City holidays.
Contractor will be provided with storage rooms where equipment and supplies may be stored in a
safe and secure environment.
Per California Recycling Requirements, the awarded Contractor shall agree to purchase and use on
behalf of the City only paper products with a minimum of 30% post-consumer recycled content
that are the same fitness and quality of nonrecycled products as defined by the FTC “Green Guides”
(16 CFR 260.12). Please see Attachment “F” found herein for more information and for
acknowledgement.
PROJECT DELIVERABLES:
The successful Contractor shall submit the following items to the City’s Facilities Manager within
thirty (30) days of initiation of the contract award:
A. A complete work schedule for weekly, monthly, quarterly, semi-annual and annual services
for all facilities. Schedule shall include set day and location for weekly review meetings with
the City’s Facilities Manager or designee;
B. A schedule of all employees of the Contractor and the buildings to which they are assigned,
along with the labor-hours to perform the required work at each building;
C. A copy of the Safety Data Sheet (SDS) for all chemicals that will be used in the performance
of the contract;
D. A list of all cleaning products (brand names) to be utilized, how each will be used and which
ones meet Green Seal Standards;
F. A copy of the Contractor’s written safety program, IIPP and signed list documenting safety
training of all employees prior to the commencement of the contract.
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EMPLOYEE VERIFICATION
The following information must be submitted no less than 30 days prior to any employee’s start
of work:
The City will require at a minimum a live scan (F.B.I and Department of Justice wanted person
system, County of Riverside warrant check and review of any local record finger) printing
verification and California Driver’s License check. Contractor to submit these required documents
and all of these verification services will be incurred by the contractor if awarded.
The City reserves the right to approve/refuse any prospective employees of the contractor as a
result of the background check:
• Full Name
• Birth Date
• Social Security Number
• California Driver’s License or ID
number
• Address
1. CONTRACTOR TO SUPPLY
The Contractor is to supply all cleansers, disinfectants, solvents, waxes, cleaning tools, equipment
and any additional supplies that may be necessary for contractor to perform to the contract
specifications. The City’s Facilities Manager or designee shall approve all cleaning products and
solutions in advance of their use. The City promotes green cleaning practices and products;
therefore use of as many green products as possible is required. The green products shall be
approved by the Facilities Manager or designee.
The Contractor is encouraged to use vacuums approved by the Carpet and Rug Institute (CRI)
Green Label Program to reduce building contaminants. For a list of certified vacuums, visit:
http://www.carpet-rug.org/certified-vacuums.html
2. CITY TO SUPPLY
City shall provide electricity, water, and light at all locations. City shall provide consumable
supplies including toilet tissue, paper towels, toilet seat covers, hand soap, hand sanitizer, waste
receptacle liners, room deodorizers, disinfecting products (including COVID mitigation disinfecting
products), Urinal Floor Marts and Urinal Cartridges and batteries for deodorizers.
3. CONTRACTOR RESPONSIBILITY
The Contractor shall be responsible for refilling or restocking dispensers. The Contractor shall
ensure proper distribution and monitoring of City provided supplies to prevent waste, theft, or
other abuse.
Contractor shall conduct weekly/bi-weekly inventory of consumables. If supplies hit critical
amounts prior to inventory schedule, contractor is responsible to notify the City immediately to
ensure proper ongoing servicing of facilities phone or email. Each site will have a checklist that the
awarded vendor/s will be responsible for filling out per each visit/service. Checklists will be
reviewed by City staff.
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Any damage to the facilities caused by the Contractor or its employees shall be repaired by the
Contractor, to the Facilities Manager’s satisfaction, within five (5) working days. If the repairs are
not made or not to the satisfaction of the Facilities Manager, the Contractor shall be back-charged
at cost plus 15% for repairs provided by others. Proof of expense shall be documented and
provided to contractor.
Contractor is responsible for the security of all doors and windows at the conclusion of his work in
each area. All doors shall remain closed and locked while the Contractor’s staff is inside cleaning.
Special care shall be taken to ensure that buildings and rooms are not left unlocked, open, or
unattended at any time. All windows shall be shut securely, and all exterior doors shall be locked
and closed securely. The Contractor’s staff shall double-check all doors behind them to insure that
they are secure (including doors that they did not enter or exit). Doors to the Contractor’s supply
closets shall remain closed and locked when an employee is not immediately present. Interior
doors that are found open or unlocked shall be left in the same position/condition in which they
were found. Interior doors that are found locked shall be re-locked at the conclusion of the
Contractor’s work.
Buildings with alarms shall be armed immediately at the conclusion of the Contractor’s work.
The Contractor shall make note of any damages or unusual conditions found in any room and
notify the Facilities Manager via cell phone and email and clearly describing the condition, damage,
or problem and its exact location.
4. EMERGENCIES
Emergency situations (water leaks, smell of smoke/ burning etc.) shall be reported immediately to
the Police and/or Fire Department via 911 (24-hours/day) as well as the City’s Facility Manager or
designee via cell phone.
5. CONTRACTOR’S EMPLOYEE CONDUCT
Contractor shall agree to remove any employee whose conduct is improper, inappropriate, or
offensive as determined by the City. A removed employee(s) is not to be re-employed on City
premises by the Contractor without the written consent of the City. The Contractor shall remove
any employee from working in City facilities who is convicted of a Felony during his/her
employment.
At no time shall employees solicit or request gratuities of any type. Only authorized employees of
the Contractor are allowed in City facilities at any time. All employees shall be working while inside
a facility. No family members, friends, or animals shall be allowed to accompany employees.
No employee drinking alcohol or under the influence of alcohol or drugs shall be allowed on the
premises nor shall any employee bring alcohol or drugs on the premises. Smoking is not allowed in
or around City facilities at any time unless specifically designated as a smoking area.
The Contractor shall be responsible for ensuring that all articles found by its employees are turned
in to the City.
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Cleaning shall occur when most facilities are closed; however, if City staff work longer than normal
work hours; contract custodians shall in no way interfere with the work of City staff. City’s
telephones shall not be used for personal calls. Contract custodians shall not open drawers or
cabinets; nor use desk top radios, or any other office equipment. Use of television sets, coffee pots,
stoves, refrigerators is not allowed, nor the tampering of personal or City property. Contract
custodians are not allowed to use their own personal radios/communication devices/IPOD’s/etc.
while servicing a building
Contractor employees may become aware of matters of a proprietary or confidential nature; such
information is not for general dissemination and shall remain confidential.
6. SECURITY, KEYS, ELECTRONIC CARD ACCESS, and ALARM SYSTEM
Contractor’s personnel shall not be allowed in City facilities outside of normal business hours
unless they are performing work for the Contractor. All Contractor personnel are required to
provide proof of identity when requested to do so by City personnel. All spaces shall be locked
and the lights turned off when cleaning in each area has been completed. Security lights (as
directed) shall be turned on prior to leaving the facility.
Keys and electronic door access badges required by the Contractor will be furnished by the City to
designated Contractor employees. Keys and electronic door access badges assigned to specific
Contractor employees shall not be shared between Contractor staff nor handed off to another
Contractor employee. The loss of any keys and electronic door access badges must be reported
immediately to Facility Manager or designee. Building keys are to be made only by City staff.
Should a lost or stolen key jeopardize the security of the particular City facility, the Contractor shall
be totally responsible for all costs incurred by the City in re-keying the lock system. The Contractor
is advised that this process could be quite costly. Electronic door access badges are to be made
only by City staff. Should a lost or stolen electronic door access badge jeopardize the security of
the particular City facility, the Contractor shall be totally responsible for replacement cost charged
a minimum of one hundred dollars ($100.00).
The electronic security system (where installed) shall be properly disarmed and armed each time
after-hours access is made. All exterior doors are to remain locked while the contractor is in the
space. Do not block open occupant or exterior doors for any reason. Do not assist entry for anyone
except Contractor, employees or Police/Fire personnel. Close and lock any exterior windows.
Contractor’s personnel shall immediately report to their supervisor and City personnel, problems
dealing with unauthorized or suspicious persons, conditions indicating theft, break-in or
vandalism, and building system failures. The Contractor’s employees shall report to emergency
personnel situations such as: fire, smoke, unusual odors, broken pipes or floods, and take
appropriate safety measures.
Where applicable, the Contractor shall be charged a minimum of one hundred dollars ($100.00)
per call-out should Contractor, while in the process of entering or leaving the facility, sets off the
security alarm system.
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7. STAFFING AND PERSONNEL
A. Supervisors
The Contractor shall designate in writing to the Facilities Manager or designee, the name of the
person assigned as the Contractor’s Operations Manager who will have full authority to administer
the terms of this contract. The Contractor’s Operations Manager shall be available to receive
complaints by telephone, e-mail to facilitate timely corrective actions. An answering service or
answering machine shall NOT be an acceptable means of contact for the Operations Manager. The
Contractor Operations Manager shall be available daily 6:00 AM through 6:00 PM. The Contractor
shall have a designated supervisor who should verify the cleanliness of facilities prior to releasing
the cleaning personnel for that shift. Contractor should also have a working supervisor to assist
staff in thoroughly cleaning the buildings and insuring the nightly servicing is completed on time.
The Facilities Manager or designee and the Contractor’s Operations Manager shall meet
periodically (Monthly to Weekly, if required) to discuss janitorial inspections as well as the
administration of work and project scheduling.
B. Personnel
Personnel employed by the Contractor shall be competent, trustworthy and properly trained for
the work assignments and can follow written/verbal instructions The Contractor and employees
shall be required to comply with all applicable regulations of the City, as directed, and full
cooperation shall be expected and required at all times. Contractor shall notify the Facilities
Manager or designee immediately in writing of all changes with regards to contract personnel by
submitting name and address of employee and effective date of employment or termination.
When in the opinion of the City, an employee does not constitute a satisfactory security risk,
his/her employment on the contract will be denied.
C. Employee List
The Contractor shall provide to the Facilities Manager or designee an accurate list of all personnel
who have any relationship to work performed within the scope of this contract, prior to the
employee starting work. List data shall indicate personnel by building(s) in which they are assigned
to work, and must include full names, aliases, home addresses, home telephone numbers, copies
of drivers licenses and social security cards. Changes to the list shall be reported, in writing, to the
Facilities Manager or designee within one working day. Employees terminated by the Contractor
shall be reported the same day to the Facilities Manager or designee, unless it is after hours, then
the next business morning shall be acceptable.
D. Removal of Staff
The City requires the Contractor to remove all Contractor personnel from City property who are
deemed careless, incompetent, insubordinate, objectionable, or whose continued employment on
the job is deemed to be contrary to public health, safety and welfare. It is the responsibility of the
Contractor to provide the proper training for their employees. Any violation of City rules by the
Contractor’s personnel shall result in the removal of the employee from this contract. Termination
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of this contract may result, at the discretion of the Facilities Manager, for repeated non-compliance
of these rules.
E. Backup Staff
The Contractor shall provide sufficient backup staff to cover absenteeism or extend existing work
force hours to compensate for absent staff. The backup staff shall adhere to the same background
and security screenings as regular staff. The City reserves the right to request additional backup
staff as deemed necessary.
F. Unauthorized Personnel
Employees of the Contractor shall not be assisted nor accompanied by any individual that is not
an employee of the Contractor, while performing duties related to the contract. This includes
friends, children and/or other relatives. Employees of the Contractor that violate this stipulation
shall be deemed objectionable to the City and shall not be allowed to work in City facilities.
G. Identification and Uniforms
The Contractor’s work force shall be neat and clean in appearance and shall wear a uniform with
the Contractor’s name and/or logo permanently affixed to it. Uniforms shall consist of shirt and
full-length pants, and be mutually agreed to by the Contractor and City. Closed-toe and heeled
shoes shall be worn for proper safety of tasks being performed.
Employees shall wear an identification badge with the employee’s picture, name and company
name on the face of the badge. The badge must be worn in plain sight, above the waist at all times
while the employee is on City property. This requirement includes all remote locations. The
Contractor’s employees are required to provide proper identification when requested by City or
security personnel. Any employee that does not comply with this requirement shall be required
to leave City facilities. There is no exception to this requirement, which is to ensure only authorized
Contractor employees are in City facilities. It is also desirable that vehicles used by the Contractor’s
employees be identifiable. This could be accomplished by temporary fixation of signage on the
dashboard indicating the Contractor’s name, or other method mutually agreed upon by Contractor
and City.
H. Prohibited Items
Contractor’s employees shall be prohibited in the use or possession of the following items while
working on City premises: guns, knives, other weapons, alcohol and/or controlled substances.
Contractor’s employees shall not be under the influence of alcohol or illegal drugs. Any employee
violating this policy shall be removed immediately from City facilities and replaced with acceptable
personnel.
I. City and Personal Property of City Personnel
The Contractor shall direct their employees against the unauthorized reading and disclosing of
materials and documents available in the facilities of the City and against unauthorized use of City
and personal property, such as: telephones, radios, typewriters, copy machines, computers,
terminals, fax machines, calculators, etc., which may be in any of the City facilities. The Contractor
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shall be responsible to see that Contractor’s employees do not disturb papers on desks, tables, or
cabinets, and do not open desk drawers or cabinets. Found item(s) shall be turned in at the end
of each shift to the Contractor’s working supervisor. That supervisor shall return the item(s) to the
Facilities Manager or designee within twenty-four (24) hours.
J. Documented Training
Prior to commencement of this contract, the Contractor shall submit a complete documented
training list to the Facilities Manager or designee. Failure to do so may result in delay of the
Contractor’s Notice to Proceed or in termination. All employees hired after the start of the contract
shall be trained in the same manner stated above. Documentation shall be submitted to the City’s
Facilities Manager or designee prior to the employee starting work at City facilities.
K. Trash and Recycling Receptacles and Storage Areas
All interior and exterior trash receptacles, recycling, organics and other waste containers within
and outside of building shall be emptied each night and returned to their initial locations. Organic
waste includes food waste, green waste, food soiled paper. Trash and recyclables All three waste
streams shall be separately transported and emptied into designated containers (e.g. recycling
goes into recycling container, organics into organics bin, trash goes into trash container). Boxes,
cans, papers, etc., placed near a trash receptacle and marked “trash” shall also be removed. Any
other items not marked shall not be removed. The interior, exterior and housing of trash and
recycling receptacles, and walls next to the receptacles, shall be damp wiped to remove soil. Wet
spills on the interior of wastebaskets shall be cleaned and dried. Trash receptacle plastic liners shall
be replaced as needed, when dirty, wet or torn. Replace wastebasket liners; liners to be no more
than 2 inches hanging out in public view in common areas (hallways, patios, corridors, meeting
rooms, etc.). Transporting of trash within and from the buildings to outside trash dumpsters shall
be accomplished using leak-proof plastic transports with wheels. Carry or roll all
trash/recycle/organics containers to exterior dumpster and dispose trash/recycle/organics into
dumpster. DO NOT DRAG TRASH BAGS. Liquid leaking from plastic bags being moved from trash
receptacles shall be immediately cleaned. Cardboard boxes shall be flattened before they are
placed in the cardboard recycling bin.
Trash and Recycling Storage Areas: All trash shall be placed inside trash dumpsters. All recycling
shall be placed inside recycling dumpsters. Organic waste shall be placed inside designated green
bin. The area around all dumpsters shall be kept clean of all materials, paper, litter, etc. Dumpsters
shall be closed after use. Recycle container areas shall be kept clean and free of trash. Recycling
materials and organics shall not be placed in trash dumpsters.
8. SUBCONTRACTING
No portion of the work covered by these specifications can be subcontracted or assigned without
prior approval of the City. Requests to subcontract all or any portion of services required by this
contract will be submitted to the City's Facilities Manager, or his/her designee, at least thirty (30)
days in advance of the proposed effective date of the subcontract. Contractor shall include in this
written request a detailed description of how the Contractor plans to oversee the services
performed by the proposed subcontractor. Contractor shall be responsible for services provided
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by any subcontractor as if Contractor were providing the services with its own organization. Any
subcontractor and their employees who will provide services shall have successfully passed a
background check prior to commencing work. Contractor shall bear the expense of any
subcontractor background checks. The City may make reasonable investigations deemed
necessary and proper to determine the ability of a contractor to perform the work, and the
contractor shall furnish the City all information requested for this purpose. The subcontractor will
provide the City of Menifee Business License and Insurance Requirements.
9. CLEANING SCHEDULE
The Contractor shall provide the Facilities Manager or designee a monthly schedule showing the
estimated number of labor-hours, date to be accomplished, and task to be performed, to
accomplish the contract requirements.
10. PERFORMANCE STANDARDS
A. It is the objective of the City to obtain full cleaning performance in accordance with the
terms of the specifications and at the quality standards of work set forth in this contract. To
this end, the City is contracting for the complete performance of each cleaning job as
specified in this contract. Therefore, deductions (Liquidated Damages) for tasks not
B. completed or not satisfactorily completed shall be made in accordance with the schedule
detailed herein.
C. The Facilities Manager or designee shall contact the Contractor’s Operations Manager by
telephone, or email to notify them of performance issues. The Facilities Manager or
designee shall also notify him of written complaint(s) received from building occupants.
During the normal business hours for each facility, the Contractor shall be required to
respond to any major problem(s) within three (3) hours, once notified by the Facilities
Manager or designee, or be charged a deduction.
D. Major problems require immediate attention and shall be responded to and corrected
within three (3) hours. Examples of major problems include, but are NOT limited to: toilets
not cleaned, not stocking sufficient paper products in restrooms, offices or large areas not
cleaned etc. The Facilities Manager or designee shall have authority to classify a complaint
as major or minor.
E. Minor problems require correction during the next day’s normal clean up, however a
continuing record of minor complaints shall result in a deduction. Examples of minor
problems include, but are not limited to: a trash can not emptied, a small area not
vacuumed, etc. Failure by the Contractor to respond to specific complaints as stated above,
or if such complaints continue to occur, may result in deductions of invoiced payments or
termination of this contract agreement.
F. Failure to clean an entire building or site shall result in a separate deduction for
nonperformance. After three (3) occurrences of nonperformance within a 12-month period,
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the City, at its discretion, may terminate the contract. The Contractor, to handle an instance
of nonperformance, shall send personnel to the missed site within three hours of
notification of an event of nonperformance for immediate servicing of that location.
However, this shall not relieve the Contractor of being charged the deductions or this
counting towards the three (3) occurrences. If the Contractor does not respond in three (3)
hours, the Facilities Manager may exercise the City’s right to terminate for default.
G. Contractor billing shall be done on a timely basis and shall submit monthly invoices for work
completed in the previous month. Invoices shall not be turned in for janitorial work in
advance.
11. LIQUIDATED DAMAGES
Failure of the Contractor to respond to problems referred to them by the City within the time limits
established above shall result in the following deductions from invoiced payments:
A. Major problems not responded to within the established time limits will result in a deduction
of 5% of the monthly cost of cleaning the entire building.
B. Minor problems not responded to within the established time limits will result in a deduction
of one (1) day’s cost of cleaning for the entire building experiencing the problem (the formula
to arrive at the deduction is: facility monthly cost divided by workdays in month = per day
cost of cleaning that location).
C. Continued reporting non-performance of major and minor compliance failures of five (5) or
more for any month will result in a 10% deduction of the total monthly contract cost.
Inspection report will be reviewed and discussed at the periodic meetings. Should these inspection
reports indicate an overall unsatisfactory rating for the prior month; the City will impose a 10%
deduction of the total monthly contract cost on the next payment. Inspection reports will be
discussed between the Contractors Operation Manager and the Facilities Manager or designee such
that the Contractor will be informed by the City of this process.
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TECHNICAL SPECIFICATIONS
The following specifications are provided to allow prospective contractors the opportunity to
submit their proposals on equipment and services which the contractor feels best meet or exceed
the City’s requirements.
GENERAL
The Contractor shall furnish all labor, material, equipment and other services necessary for the
complete janitorial and day porter cleaning at all facilities specified under the contract
specifications. All equipment and materials shall be used per manufacturer's directions for each
application. Sign in sheets with specific task lists will be available at all City sites. Janitorial
personnel will be required to sign in and out before and after work is completed and document
completed tasks.
JANITORIAL CREWS’ DUTIES
These duties are to be performed by janitorial crews assigned to clean the buildings during non-
business hours. The frequency for each task to be performed (daily, weekly, monthly, etc.) at a
specific building are provided in Exhibit A (Service Locations (Services and Schedules). In case
of discrepancies in frequency of services to be performed between those indicated here and in
Exhibit A (Service Locations (Services and Schedules), the timeframes shown in Exhibit A
(Service Locations (Services and Schedules) take precedent.
A. DAILY GENERAL TASKS
Daily or as specified in Exhibit A (Service Locations (Services and Schedules) for each particular
building.
1. Waste and Recycling Receptacles: All interior and exterior waste receptacles, recycling, organics,
and other trash containers within and outside of building shall be emptied each night and returned
to their initial locations. Trash and recyclables shall be separately transported and emptied into
designated containers (e.g. recycling goes into recycling container, organics into organics bin, trash
goes into trash container). Boxes, cans, papers, etc., placed near a trash receptacle and marked
“trash” shall also be removed. Any other items not marked shall not be removed. The interior,
exterior and housing of trash and recycling receptacles, and walls next to the receptacles, shall be
damp-wiped to remove soil. Wet spills on the interior of wastebaskets shall be cleaned and dried.
Trash receptacle plastic liners shall be replaced as needed, when dirty, wet or torn. Replace
wastebasket liners; liners to be no more than 2 inches hanging out in public view in common areas
(hallways, patios, corridors, meeting rooms, etc.). Transporting of trash within and from the
buildings to outside trash dumpsters shall be accomplished using leak-proof plastic transports with
wheels. Carry or roll all trash/recycle containers to exterior dumpster and dispose trash/recycle into
dumpster. DO NOT DRAG TRASH BAGS. Liquid leaking from plastic bags being moved from trash
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receptacles shall be immediately cleaned. Cardboard boxes shall be flattened before they are placed
in the card board recycling bin.
2. Trash and Recycling Storage Areas: All trash shall be placed inside trash dumpsters. All recycling
shall be placed inside recycling dumpsters. The area around all dumpsters shall be kept clean of all
materials, paper, litter, etc. Dumpsters shall be closed after use. Recycle container areas shall be
kept clean and free of trash. Recycling materials shall not be placed in trash dumpsters.
3. Entrance Area and Mats: Entrance mats located in either the exterior or the interior of entrances
shall be cleaned. If vacuuming does not remove the soil, the mats shall be be taken outside and
swept with a stiff broom until all visible soil has been removed. Entrance mats shall be lifted to
remove soil and moisture underneath and shall then be returned to the normal location after
cleaning. No entrance mat shall be placed upon a damp or wet floor surface. Outside entrance
mats shall be picked up and shaken to remove sand, dirt, dust, and any other debris. Exterior
entrance areas shall be swept a minimum 6 feet away from the entrance area.
4. Entrance Doors: Completely clean both sides of glass entrance door and windows adjacent to
the entrance doors. Spot clean both sides of the entrance door frames. After cleaning, the surface
shall present a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc.
4. Entrance Floors Inside: The surfaces shall be swept or dust-mopped prior to wet mopping to
remove all loose soil and dust. All accessible areas shall be mopped to remove all soil, scuff marks
and non-permanent stains. After mopping, the floor shall have a uniform appearance with no
streaks, film, swirl marks, detergent residue, mop strings or other evidence of soil. Baseboards shall
be wiped to remove all splash marks.
6. Drinking Fountains: Remove all streaks, smudges, stains, scales, and other obvious soil from
drinking fountains and entire cabinet. Disinfect all porcelain and metal surfaces including the
orifice and drain. Stainless steel sections shall be polished with an appropriate cleaner.
7. Water Cooler Dispensers: Remove all streak, smudges, stains, scales, and other obvious soil
from water cooler dispensers. Remove any standing water from the cooler reservoir. Replenish
water dispenser cups.
8. Carpeted Areas: All carpeted areas shall be vacuumed free of all visible debris at every service.
Prior to vacuuming, all surface litter such as paper, gum, rubber bands, paper clips, staples, etc.,
shall be picked up. Furniture and trash receptacles shall be moved, as necessary, to vacuum
underneath. After vacuuming the floor, including corners, next to baseboards, and behind doors, it
shall be free of all visible litter, soil, dust, and embedded grit.
9. Carpet Spot Cleaning: Carpets, throw rugs, entrance and hallways mats shall be checked daily
for stains and gum. All dirty spots/stains/gum shall be treated with a carpet spot cleaning solution,
following the direction of the manufacturer for the specific carpet and stain involved. A spot or
stain is defined as an area with a definite continuous outline of a substance within the texture of
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the carpet (or less than 4” in diameter). Larger spots should be communicated to the Facility
Manager or designee. After cleaning, the carpet shall be free from visible spots, gum and stains,
and the nap should be brushed all in one direction.
10. Non-Carpeted Floors (Hard Surfaces): Pick up, dust-mop, or sweep up all surface litter such
as paper, gum, rubber bands, paper clips, staples, spills, etc from the entire area, including under
chairs, trash receptacles, desks and other furnishings, behind doors, and corners, which are
accessible prior to mopping. All accessible areas shall be mopped to remove all soil, scuff marks
and non-permanent stains. After mopping, the floor shall have a uniform appearance with no
streaks, film, swirl marks, detergent residue, mop strings or other evidence of soil. Baseboards shall
be wiped to remove all splash marks.
11. Tables, Counters, Desks, Chairs, Sofas (Public areas, meeting/conference rooms,
cubicles, and offices): Clean and remove from these surfaces any non-permanent stains, spots,
spills and pencil marks from tables, counters, and desks using a sponge or cloth dampened in mild
germicidal detergent solution. The cleaning shall not be of such a degree as to remove the finish
or leave abrasive marks. This includes all surface areas such as cabinets, bookcases, etc. that are
empty and not in staff offices. Chairs and sofas, where applicable, shall have cushions lifted for the
purpose of the removal of any trash. Writing on whiteboards (dry/wet erase boards) shall be
cleaned off on Friday nights only if directed by the City.
12. Elevators: Remove all soil, dirt, graffiti, and fingerprint marks with an approved cleaner. Polish
metal surfaces with an approved metal polish; the surface shall be free of smudges, soil, and excess
polish and have a shiny appearance. If the inside is of a wood material, this shall be cleaned and
polished with an approved wood cleaner/polish. Non-carpeted elevator floors shall be swept,
vacuumed, or wet mopped. Carpeted elevator floors shall be vacuumed. Exhaust fan vents shall
be cleaned. Threshold tracks shall be cleaned of dirt on a weekly basis.
13. Stairs and Stairwells: Stairwells, stairs, landings, and steps shall be vacuumed and/or mopped.
Flights include the landings and steps on stairways between floors. All trash shall be picked up.
14. Doors: Spot clean doors, kickplates, door windows. Clean and sanitize door handles and push
bars/plates.
15. Break Room/Kitchen Area: Refill soap dispensers and paper dispensers as defined below in
B.2. Clean and disinfect sinks, floor sinks, counters, exterior of appliances, handles, cabinets, tables
and chairs. City Facility contact may request additional weekly services for dish/utensil washing and
storage found in sink areas. Trash and recyclables emptied and floors swept and moped. Spot clean
front door of refrigerators and dust the top. After cleaning, the surface shall present a uniform
appearance free of all smudges, fingerprints, stains, streaks, lint, etc.
Hand wash or use dishwasher for any remaining dishes in the sink and place back into cabinets.
16. Coffee Stations: Follow manufacturer’s cleaning recommendation. Clean spots, spills, etc.,
and wipe down the machine using a sponge or cloth dampened in mild detergent (non -citrus)
solution. Clean and wash the brew funnel with mild dish soap and warm water, or place in the
dishwasher. Clean and wash the thermal carafe per manufacturer’s recommendations.
17. Hand Sanitizer Dispensers: At minimum, hand sanitizer dispenser packet shall be filled be
replaced when there is 15% of product left. The device shall be checked after filling for proper
operation, and inoperable devices shall be reported daily. Clean and disinfect the dispenser and
the surface shall present a uniform appearance free of all smudges, fingerprints, stains, streaks, etc.
The wall and floor area under soap dispensers shall be cleaned of all sanitizer residues.
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18. Restroom Fixtures: Make sure all faucets and showerheads are turned off securely. Make sure
all faucets and showerheads are turned off securely. Make note of any leaky faucets/fixtures and
report them to the Facilities Manager or designee via email, text or phone message.
19. Supply Rooms: Janitorial supply rooms are to be always kept clean and orderly. Equipment
and supplies are to be properly labeled and stored. Equipment is to be kept in a safe working order.
20. Restroom Floors: Restroom floors and general floors shall be cleaned with separate mops.
Mops and buckets should be labeled. Buckets shall be emptied and cleaned daily. All restrooms
require daily cleaning unless otherwise specified in Exhibit A (Service Locations (Services and
Schedules).
21. Light Fixtures, automatic soap/towel dispensers: Report all light bulbs/tubes not working
to the Facilities Manager via e-mail, text or phone message.
22. Doors/Windows: All exterior doors and windows are to be checked, closed, and locked
securely and activate the security alarm system.
23. Energy Conservation: Unnecessary lights are to be turned out to conserve energy (some
buildings have safety lights that do not turn off).
24. Hallways/Walkways: All trash in hallways, planters, on benches and tables is to be picked up
and removed.
25. Graffiti/Vandalism: Report unsuccessful cleaning of graffiti. Report vandalism immediately
26. Cleaning agents: All chemical bottles shall be properly stored, and bottles properly labeled.
27. Clean and Disinfect Toilets and Urinals: Completely clean and disinfect all exposed surfaces
of the toilets and urinals. A non-abrasive cleaner shall be used on the exposed hardware. The
cleaning includes the drying and polishing of all exposed hardware. All foreign material shall be
removed from the urinal drain trap. A special set of sponges, cloths, scouring pads and brushes
shall be maintained and used only for cleaning the urinals and toilets. Remove scale, scum, mineral
deposits, rust stains, etc., from the interior of toilet bowls and urinals. After cleaning, the toilet seat
must be completely dried and placed in an upright position. All fixtures shall present a clean, bright,
shiny appearance and shall be free of all streaks, spots, stains, rings, foreign material, etc., including
the metal hardware. Stopped- up toilets shall be plunged free of obstructions. If obstructions
cannot be completely dislodged, along with other inoperable or broken fixtures, the Contractor’s
supervisor shall report all plumbing discrepancies to the Facilities Manager or designee via email,
text or phone message.
28. Paper Products Dispensers: At a minimum, re-supply all paper towel dispensers to their
maximum level when stock is down to 40%, but do not overfill. Dispensers shall be refilled with
the proper product for that dispenser (NOT just laid on top of dispenser or on top of the counter).
Re-supply toilet paper by placing the product in the dispenser. Replace consumed rolls and partial
rolls, which appear to be down to the last 10-15%. Toilet seat cover dispensers shall be filled with a
new package when empty or when less than 10-15% of the sheets remain in the package. The
dispenser interior, exterior and adjacent surfaces shall be wiped with a sanitizer to remove
fingerprints and smudges when filling. The dispensers shall be checked for proper operation after
filling and inoperable devices shall be reported daily to contractor’s supervisor who in turn shall
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notify the Facilities Manager or designee. In addition, feminine hygiene dispensers shall be kept
stocked and the exterior cleaned as indicated above.
29. Soap Dispensers: At minimum, soap dispensers shall be filled to within 2" of the top with
liquid soap when there is 15% of product left. The device shall be checked after filling for proper
operation, and inoperable devices shall be reported daily. The wall and floor area under soap
dispensers shall be cleaned of all soap residues.
30. Trash Receptacles: All waste receptacles and feminine hygiene receptacles shall be emptied.
Emptying includes removing the liner and disposing of it. The inside, outside, and housing of the
receptacles shall be cleaned with a germicidal cleaner.
31. Counter Tops and Sinks: Completely clean and disinfect all exposed surfaces of the sink. A
nonabrasive cleaner shall be used on the exposed hardware. The cleaning includes the drying and
polishing of all exposed hardware. After cleaning, the fixture shall present a clean, bright and shiny
appearance and shall be free of all visible soil, streaks, oily smudges, residue of cleaning agents,
etc. All metal hardware, such as faucet valves, drain and faucets, shall be free of streaks, spots,
stains, etc. Inoperable or broken fixtures shall be reported to the Facilities Manager via email, text
or phone message. The cloths, sponges, brushes and scouring pads used to clean sinks shall be
separate from the ones used for cleaning toilets and urinals.
32. Diaper Changing Stations and Other Surfaces: Remove all surface litter, loose dust and soil
from the changing stations, along with the tops of lockers, cabinets, etc. Then clean these surfaces
with a cloth or sponge dampened in a germicidal detergent solution. Contractor shall remove any
graffiti on changing stations to the extent feasible.
33. Walls, Partitions, and Doors: Clean the partition walls, partition doors, and privacy screen
walls surrounding the urinals and toilets. Remove any non-permanent stains, spots, streaks and
graffiti using a cloth/sponge dampened with a germicidal detergent solution. This also includes the
light switches, and doors, and any of the walls within the restroom. After cleaning the walls, they
shall be free of fingerprints, smudges, grease, soil, mildew, or stain.
34. Shower Walls and Floors: Wash shower walls, curtains, shower floors, bathtub areas using an
approved germicidal cleaner. Clean the shower drains. After washing, the walls, curtains and floors
shall be free from stains, soap scum, mildew and shall have a clean and disinfected appearance.
35. Floors: The floor surface shall be swept or vacuumed for removal of loose dirt and soil. Mop
the floor with a germicidal detergent solution, using a non-abrasive mop (no metal or plastic). After
mopping, the floor shall have a uniform appearance free of hair, spots, spills, stains, dirt, oily film,
mop strings, etc. Always keep separate mops for restroom floors and general floors. (Note: Only
mops identified for restrooms are to be used for mopping restrooms floors)
36. Mirrors: Remove soil, streaks, smudges, film etc., from the surface of the mirrors. The frame
of the mirror and shelves and other adjacent areas also shall be cleaned.
B. WEEKLY GENERAL TASKS
Weekly OR as specified in Exhibit A (Service Locations (Services and Schedules) for each
particular building/site.
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1. Non-Carpeted Floors: Mop 100% of floor areas on a weekly basis. Floor shall be swept
or vacuumed first to remove all surface litter such as paper, gum, rubber bands, paper clips,
staples, etc.
2. Storage Areas/Closets: Sweep non-carpeted floors and vacuum carpeted floors to
remove all debris. Mop non-carpeted floors thoroughly, removing all marks and dirt.
3. Mop Heads: Mop heads need to be non-abrasive (no metal or plastic). Replace mop
heads at least weekly for restroom and shower use. Replace mop heads monthly, for all
other areas. Old dirty mop heads shall be removed from the building and discarded. Use
of reusable, washable mops is encouraged.
4. Dusting: Dust all surfaces, including windowsills, banisters, hand rails, ledges, pictures,
plaques, cubicle wall tops, door tops, tops and sides of book shelves and cabinets, etc. with
a treated microfiber cloth, or yarn duster up to 80 inches from the floor. This also include
removing spider webs and cobwebs from wall and windows.
5. Water Cooler Dispenser: Remove and clean the inside and outside of the cooler
reservoir with mild cleaning solution, rinse with clean water and re-install. Remove and
clean the water spigots with mild cleaning solution rinse with clean water and re-install.
6. Restroom Cleaning
Monthly or as specified in Exhibit A (Service Locations (Services and Schedules) for
each particular building/site.
7. Mop Heads: Mop heads need to be non-abrasive (no metal or plastic). Replace mop
heads at least weekly for restroom use. Dirty mop heads sh all be removed from the
building and discarded. Use of reusable, washable mops is encouraged.
8. Urinal Deodorant Blocks/Screens: Replace per manufacturer’s recommended
schedule.
D. MONTHLY GENERAL TASKS
Monthly OR as specified in Exhibit A (Service Locations (Services and Schedules) for
each particular building/site.
1. Vertical/Horizontal Blinds/Roller Shade Blinds: Dust all vertical/horizontal and roller
shade blinds with a treated cloth, yarn duster, or vacuum. A properly cleaned blind shall
be free of all dust, dirt, lint, and cobwebs.
2. HVAC Supply Vents, Returns and Exhaust Fan Grills: Vacuum or dust all particles from
vents and wall or ceiling area adjacent to the vent. This is important for indoor air quality.
3. Coffee Station: Clean the brewer per manufacturer’s recommendation.
E. RESTROOM CLEANING
Monthly or as specified in Exhibit A (Service Locations (Services and Schedules) for
each particular building.
1. Urinal Floor Mats: Replace per manufacturer’s replacement schedule.
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2. Urinal Cartridges: Replace per manufacturer’s replacement schedule.
3. Floor Drains. Remove all built up deposits, embedded hairs, etc., from the grate and
neck of the drain. Clean the inside of the drain by pouring at least one gallon of 50/50
mixture of clean water/disinfectant through the drain.
4. Restroom, Locker and Shower Floor. All surface litter such as paper, tape, towels, etc.,
shall be removed before scrubbing. Apply the appropriate cleaning solution and allow it
to stand for 5 minutes before scrubbing. This deep cleaning shall remove heavy stains,
mildew, and mineral deposits from the surface and grout. After scrubbing, the surface shall
be rinsed thoroughly to remove all remaining residue.
The following are the designated City holidays:
• January 1 (New Year's Day)
• The third Monday in January (Martin Luther King's Birthday)
• The third Monday in February (President’s Day)
• The last Monday in May (Memorial Day)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• The second Monday (Columbus Day)
• November 11 (Veterans' Day)
• The fourth Thursday in November (Thanksgiving Day)
• The day after Thanksgiving Day
• December 24 (Christmas Eve)
• December 25 (Christmas Day)
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AGREEMENT/CONTRACT TERMS, SELECTION PROCESS, & OTHER APPLICABLE
REQUIREMENTS
The agreement/contract type will include a Not-to-Exceed firm fixed price. The contract shall be
for four months (prorated to Fiscal Year 2021/22) (4 months) with three (3) additional one-year
extension terms by mutual written agreement of the parties, pending satisfactory performance.
The initial performance period shall be:
• Year 1 (FY 2021/22): March 1, 2021 to June 30, 2022;
• Year 2 (FY 2022/23): July 1, 2022 to June 30, 2023;
• Year 3 (FY 2023/24): July 1, 2023 to June 30, 2024;
• Year 4 (FY 2024/25): July 1, 2024 to June 30, 2025;
At the end of the initial performance period, the City reserves the right to renew the agreement at
its sole discretion, my elect to extend the contract for an additional three (3) one-year extension
terms by mutual written agreement of the parties, pending satisfactory performance under the
original contract:
• Year 5 (FY 2025/26): July 1, 2025 to June 30, 2026;
• Year 6 (FY 2026/27): July 1, 2026 to June 30, 2027;
• Year 7 (FY 2027/28): July 1, 2027 to June 30, 2028;
Cost Adjustment
The Contractor may apply for a cost adjustment only after the original contract term ending June
30, 2023. In order for the rate adjustment to be considered by the City, the Contractor shall be in
full compliance with all of the performance standards as established by this Contract. The Contract
will be adjusted using the California Consumer Price Index, All Urban Consumers, as published by
the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles-Ontario-
Riverside Statistical Area (CPI-U) provided, however, that those adjustments in rates based solely
on the change in CPI will not exceed five (5%) percent. The Contractor assumes all risks associated
with increased costs of service not reflected in the rate adjustments. The Contractor shall use the
CPI-U for the most recent December to December period prior to the contract’s anniversary date.
Changes
Changes in the areas serviced and/or specifications may be necessary during the term of this
contract. Changes in the contract requirements and corresponding changes in compensation may
be implemented upon mutual agreement of the City and the Contractor. The City reserves the
right to add or delete services at any time with thirty (30) days written notice to vendor. If
additional services are requested, the vendor is to provide a cost estimate detailing them as an
attachment to the bid along with prices, similar to established square footage price already being
performed, which may be offered as an addendum for the term of this contract agreement.
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