BELL BUILDING MAINTENANCE INC. 3-2014

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INIIIANCF r jN pIL' WORK MAY PROCEEII UNTIL INSURANCE EXPIRES nCALTEE—:,1-t6 RK OF C� e Or 9 2014 CUSTODIAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 1" day of June, 2014 by and between Bell Building Maintenance Company, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial and custodial services with high-level industry practice to provide such services for the park restrooms in Districts 1, 2, 3 and 4. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE+. OF SERVICES Contractor shall perform janitorial and custodial maintenance services at the park restooms in Districts 1, 2, 3, and 4, as set forth in Contractor's Proposal and the Request for Proposals (attached hereto and incorporated herein as Exhibit A). 2. CITY INSPECTION The City's designated representative shall regularly inspect the park restrooms and all other City property subject to this Agreement. if said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications set forth in Exhibit A, Contractor agrees that the City shall deduct from the Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300 per inspection, per park restroom not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $125,796.00, annually, during the term ofthis Agreement. This amount includes a 10%contingency. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals or Specifications which may reasonably be expected by City. A-2014-105