SAN JOAQUIN COUNTY PURCHASING AND SUPPORT SERVICES ...

44 N. San Joaquin Street Suite 540 Stockton, CA 95202

209/468-3240 Fax: 209/468-3393

Web Page Address: www.sjgov.org

SAN JOAQUIN COUNTY PURCHASING AND SUPPORT SERVICES

PURCHASING DIVISION

David Louis, C.P.M., CPPO, CPPB Director Jon Drake, C.P.M Deputy Director

DATE: November 19, 2010 TO: ALL PROSPECTIVE BIDDERS RE: REQUEST FOR BID NO. 6727

Janitorial Services for Public Defender Building Ladies and Gentlemen: Enclosed is a Request for Bid, for Janitorial Services for our Public Defender building located at 313, 317, 327 E. Main Street, Stockton, CA. Sealed responses are to be received no later than FRIDAY,, DDEECCEEMMBBEERR 1177,, 22001100 AT 2:00 PM PST. Bids must be in a sealed envelope marked with the Bid number, as well as the date and time of bid opening. Mail or deliver your response by the above date and time to the following address:

San Joaquin County Purchasing and Support Services 44 N. San Joaquin St., Suite 540

Stockton, CA 95202

Mandatory Pre-Bid Conference scheduled for WEDNESDAY, DECEMBER 1, 2010, 9:00AM at the Purchasing Department (located at 44 N. San Joaquin Street, Suite 540, Stockton, CA 95201). There will be a

Bidder’s Walk-Through (Public Defender Building) held immediately thereafter.

NOTE: THIS WILL BE THE ONLY T IME TO V IEW THE S ITE.

PLE ASE DO NOT CONT ACT THE CENTER FOR A WAL K THROUGH REQUEST.

BBIIDD ## 66772277

JJAANNIITTOORRIIAALL SSEERRVVIICCEESS

FFOORR PPUUBBLLIICC DDEEFFEENNDDEERR BBUUIILLDDIINNGG

COUNTY OF SAN JOAQUIN 44 N. San Joaquin St., Suite 540

STOCKTON, CA. 95202

BUYER: GINA GUTIERREZ 209-468-2074

[email protected]

Janitorial Services for Public Defender Building Bid 6727 Friday, December 17, 2010 Page 1 of 28

TABLE OF CONTENTS SECTION DESCRIPTION PAGE

1.0 INTRODUCTION AND SCOPE OF WORK 2

2.0 KEY ACTION EVENTS AND DATES 3

3.0 COUNTY POINT OF CONTACT 3

4.0 INSTRUCTIONS TO BIDDERS 4

5.0 MANDATORY BIDDER’S WALK THROUGH 4

6.0 BID CONTENT REQUIREMENTS 5

7.0 GENERAL CONDITIONS 5

ATTACHMENT A – BIDDER IDENTIFICATION SHEET 13 ATTACHMENT B – REFERENCE SHEET 14 ATTACHMENT C – PUBLIC CONTRACT CODE 15 ATTACHMENT D THROUGH H 16 ATTACHMENT I – JANITORIAL PRICE SHEET 17 ATTACHMENT J 18 ATTACHMENT K – LOCAL VENDOR PREFERENCE CERTIFICATION 19 EXHIBIT A – SERVICE AND CLEANING SPECIFICATIONS

SHEET FOR PUBLIC DEFENDER BUILDING 20

EXHIBIT B – SAMPLE AGREEMENT 21


1.0 INTRODUCTION AND SCOPE OF WORK

1.1 The County of San Joaquin is soliciting Request for Bids to contract with a qualified

janitorial service company to provide the highest standards of professional janitorial services as specified herein. For a complete list of general conditions, see section 1.0, 7.0 and Exhibits.

1.2 The specifications contained herein are designated to establish an effective, efficient and

safe system of facility cleaning that

1.2.1 Improves the existing level of cleanliness for specified County facilities and

1.2.2 Provides for a smooth and orderly transition of services currently performed by the current contractor

1.3 The Bidder awarded a contract will be, in the opinion of the Purchasing Agent, the Bidder

that offers the lowest responsible bid. 1.4 The County will be holding a Bidder’s Walk-through and it is mandatory that the interested

parties participate. This will be the only time to view the facility. 1.5 It shall be the bidder’s responsibility to provide, at their own expense all necessary cleaning

supplies and equipment as may be required to perform janitorial tasks outlined in this specification, including but not limited to the following: cleaning supplies, floor wax, furniture polish, and custodial tools. For complete requirements, see section 7.0

1.6 Bidders must have all licenses, permits, certificates, qualifications and approvals that are legally required for Bidder to practice their profession.

1.7 Upon award of contract, the County and Bidder shall mutually establish a start date. 1.8 Proposer shall have sufficient, competent, and skilled staff to perform the services as required

that will be able to pass a mandatory background check. 1.8.1 Upon award, County will provide Background check material to successful Bidder 1.8.2 Successful Bidder will be responsible for all fees for background check for each

employee, including back up employees. 1.8.3 Services will not commence until all background checks are submitted and reviewed by

the County.


2.0 KEY ACTION EVENTS AND DATES ITEM DESCRIPTION TIME DATE

2.1 Release of Request for BidPosted on www.sjgov.org

~~ Friday, November 19, 2010

2.2 MANDATORY Bidder’s Walk-through

9:00 A.M. Wednesday, December 1, 2010

2.3 Last day for written questions (Bidder)

5:00 P.M. Friday, December 3, 2010

2.4 Last day to respond to questions (County)Addendum will be posted on www.sjgov.org


2.5 Bids are due no later than


2.6 Contract Award

~~ January 2011

3.0 COUNTY POINT OF CONTACT 3.1 Questions and correspondence regarding BID # 6727 shall be directed to:

Gina Gutierrez Purchasing & Support Services

44 N. San Joaquin St., Suite 540 Stockton, CA 95202

Ph: (209) 468-2074 Fax: (209) 468-3393 Email: [email protected]

3.2 All questions regarding this Request for Bid shall be submitted in writing (Email or

FAX is acceptable) no later than 5::0000 PPMM,, FFRRIIDDAAYY,, DDEECCEEMMBBEERR 33,, 22001100. The questions will be researched and the answers will be communicated to all known interested bidders. Only answers to questions communicated by formal written addenda will be binding.

3.2.1 If necessary, supplementary information in addendum form will be prepared and

posted on the “Purchasing Open Bids” website. It is the Bidder’s responsibility to obtain, sign and submit all addendum(s) for the Bid at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp

3.3 Bidders shall direct all inquiries to the above mentioned name and not contact the

departments directly regarding any matter related to the Request for Bid. Any bidder directing inquiries to departments or persons other than the above mentioned name may be disqualified from bidding on this service.


4.0 INSTRUCTIONS TO BIDDERS

4.1 Sealed bids will be received at the office of the Purchasing Agent at 44 N. San Joaquin St,

Suite 540, Stockton, CA 95202, until 22::0000 PPMM,, PPSSTT,, FFRRIIDDAAYY,, DDEECCEEMMBBEERR,, 1177 22001100 and will be opened in anticipation of analysis at that time.

ALL BIDS SHALL BE ADDRESSED AS FOLLOWS:

Invitation to Bid #6727

Purchasing Agent 44 N. San Joaquin Street, Site 540

Stockton, CA 95202

The external envelope shall also have stated therein the name and address of the submitting firm.

4.2 BIDS WILL NOT BE ACCEPTED THEREAFTER. ALL BIDS RECEIVED AFTER SAID

TIME AND DATE WILL BE TIME-STAMPED AND RETURNED UNOPENED TO THE SUBMITTER.

5.0 MANDATORY BIDDER’S WALK-THROUGH

5.1 There will be a Bidder’s Walk Through scheduled for Wednesday, DECEMBER 1, 2010 at

9:00 AM PST SHARP. Bidder’s to be present at the start of the walk-through.

5.1.1 The conference will begin at the Purchasing Department located at 44 N. San Joaquin St, Suite 540, Stockton, CA 95202. Bidders must attend this conference as well as the walk through in order to be qualified to bid.

5.1.2 This will be the only time to view the facilities.

5.2 This walk-through is an opportunity for the Bidders to see each site for a CLEAR

understanding of each site (size) and the scope of work. Questions will not be answered at this time; this is just to view the sites. All questions are to be sent in writing to Gina Gutierrez.

5.2.1 Each Bidder shall have examined the entire work site and shall be responsible for

having acquired full knowledge of the work, the frequency, its requirements, and all issues/problems affecting it. No variations or allowances in compensation will be made because of lack of such examination.

Should concealed or unknown conditions be encountered in the performance of the agreed upon work, when conditions appear to Bidder to be at variance with the specifications, the Bidder shall immediately seek a clarification from the Purchasing Agent who shall investigate the conditions and proceed in a way that is appropriate to the circumstances.


6.0 BID CONTENT REQUIREMENTS 6.1 The purpose of this section is to ensure the submission of bid information is presented in a

clear format. This format will assist the County in understanding the Bidder’s offer. Bidders must submit one (1) original, clearly marked “Original”, one (1) copy, clearly marked “COPY”, and (1) electronic copy of each bid and all literature.

6.2 Bidders shall submit bid pricing based on the services described in section 1.0, 7.0, and

Exhibits. 6.3 Failure to furnish the following in the stated manner may result in grounds for

disqualification of your bid:

Description Attachment Provide Proposer’s Identification Sheet A Provide References (include e-mail) B Provide Public Contract Code Section C Provide Supervisor’s resume(s) Identify as Attachment D Identify your process in no less than 1 paragraph a training program and how employees are scheduled

Identify as Attachment E

Identify your process in no less than 1 paragraph your quality control program and safety process flow

Identify as Attachment F

Identify your process in no less than 1 paragraph your back filling of employees

Identify as Attachment G

Identify your process in no less than 1 paragraph your inventory stocking process for all cleaning supplies and equipment

Identify as Attachment H

Provide Cost Sheet Sheet/Questions in a separate sealed envelope in Original proposal only.

Identify as Attachment I

Provide signed W-9 Form Identify as Attachment J Provide signed Local Vendor Preference Certification K

7.0 GENERAL CONDITIONS

7.1 Materials, Supplies and Equipment: Bidder shall furnish all materials and supplies for all areas to be cleaned and that are

necessary to perform the foregoing services. 7.2 Bidder shall provide tools, equipment, fuel, labor, material and services necessary for the

satisfactory performance of the work set forth in these specifications. All equipment shall be maintained in good working order. Equipment includes but not limited to: Commercial vacuums, Carpet cleaning machines, Waxing/Buffer machines, brooms, mops, buckets, garbage carts.

7.2.1 All such supplies and materials shall be of the highest quality. The County reserves

the right to review and approve all items which may be used in performance of the contract work. No additional compensation shall be allowed for such items.

7.2.2 Bidder should include an outline of the type of equipment and chemicals intended to

be used for these services.


7.2.3 The Bidder shall provide at its own expense consumable restroom supplies such as toilet tissue, paper towels, commode seat covers, soap, plastic liners, and aerosol spray deodorizers and include these in their price (see Attachment I).

7.3 Storage Facilities:

To the extent available, storage facilities within the locations to be serviced will be provided at no cost to Contractor. Contractor shall store only those supplies and equipment which are to be used. Contractor shall maintain a clean storage area.

7.4 Successful Bidder’s Access to Premises:

County shall furnish Contractor all necessary keys for the locations herein. Contractor shall maintain a file of key assignment cards for each employee, subject to inspection by County. Keys shall be numbered and assigned by number. During working hours, keys shall be in the possession of an employee and shall not be left in a door or left out in plain sight. Keys shall not be duplicated without the prior written consent of County. Contractor shall pay all costs incurred by County due to the negligent handling of keys by Contractor’s employees. This includes the cost of re-keying the building.

7.5 Successful Bidder’s Employees:

As specified in Exhibit A, Contractor shall furnish an adequate number of properly trained cleaning personnel and shall supervise and control personnel as necessary to perform the services. All personnel assigned to perform services will be employees of Contractor and Contractor will pay all salaries and expenses, and all federal, social security, unemployment (federal and state) taxes, and any other payroll or withholding taxes relating to these employees. This includes cost of living increases of any kind.

7.5.1 The successful bidder shall not sub-contract under any circumstance. 7.6 Term:

The term of the agreement will be for a period of two (2) years, with the option to extend the agreement for three (1) year periods. The term is not to exceed five years.

7.7 Time of work:

Services are to be done between the hours of 4pm and 9 pm Monday through Friday, unless coordinated otherwise with a Facilities Management Representative. The County requires duties to be performed to avoid inconvenience to the users of County’s premises and to avoid interference with County operations.

7.8 Contractor’s Services:

The Contractor shall be required to provide on-site, supervisory personnel of a high professional caliber, including bi-lingual communication ability if any contract crew member does not have a working knowledge of the English language (where applicable). 7.8.1 The supervisory personnel shall conduct monthly inspections to determine what

work is being performed in accordance with professional cleaning standards and established work schedules. Said supervisor must have the authority to respond immediately to situations upon request by the County representative.


7.9 Quarterly Performance Review Meetings:

The successful Contractor is required to schedule and initiate quarterly meetings with County facilities directors to review services. The results of this meeting are to be documented and retained in the log book located at each facility.

7.9.1 Failure to initiate and conduct these review meetings will be considered a

failure to perform duties and grounds for termination under Termination clause.

7.10 County Inspection:

It shall be the responsibility of the using department to guarantee the execution of the contract in accordance with its terms and specifications. A designee may be appointed. The department or the designee shall be responsible for the inspection and monitoring of the work performed under the contract. The County reserves the right to make all final determinations as to whether the work has been satisfactorily completed. In the event that results of the janitorial service are considered unsatisfactory by the County representative, the Contract shall be required to re-clean the unsatisfactory area at no cost to the County. Said service shall be performed without interruption in the regular cleaning schedule.

7.11 Insurance:

The successful Bidder(s) will be required to provide and maintain, at no cost and expense whatsoever to the County, the types of insurance coverage shown in Exhibit B - Sample Agreement for insurance requirements. This includes Additional Insured “Separate Endorsement”. (Section 10, Exhibit B – Sample Contract)

7.12 County Holidays:

If the successful bidder is unable to work due to a County holiday, that day is to be made up on another day to compensate. This is a case by case basis.

January 1st New Years Day September 1st Labor Day January 21st Martin Luther King’s B-day October 13th Columbus Day February 12th Lincoln’s B-day November 11th Veteran’s Day February 18th Washington’s B-day November 27th & 28th Thanksgiving & day after May 26th Memorial Day December 25th Christmas Day July 4th Independence Day

7.13 Addendum:

COUNTY reserves the right to amend this Bid at any time. An addendum will be provided to all vendors known to have received a copy of the Bid. The addendum must be signed and included in your bid package. Failure to acknowledge in writing may result in bid rejection. Any clarifications or corrections to this Bid shall be made by written amendment to all vendors that have been mailed or requested a Bid. Any addendums to this Bid will be posted on the County website at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp


7.14 Local Vendor Preference: The County has a local vendor preference of five (5%) percent; however, this preference shall not exceed $7,500.00 annually to a local vendor. To qualify for this Local Vendor Preference, the “Local Vendor Preference Certification” page (Attachment K), included in this solicitation, must be signed and accompany each bid submittal. Click on the link below to view San Joaquin County’s Policy and Procedures.

http://www.sjgov.org/SupportServ/dynamic.aspx?id=10217

7.15 Janitorial Act: Bidder must comply with the “Displaced Janitor Opportunity Act”, (SB20), Chapter 795, and

Section 1060- 1065 of the California Labor Code.

7.16 Material Safety Data Sheets (MSDS): Prior to the beginning of the contract, Bidder shall furnish copies of MSDS, for all products used. Bidder must update copies of the MSDS on an annual basis. A MSDS must be provided each time a new chemical or cleaning product is introduced into the facility. Payment can be delayed until the required MSDS is received.

7.17 Employee Conduct:

Employees of Successful Contractor, while performing work under contract, SHALL NOT:

7.17.1 Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on-duty authorized Contractor employee.

7.17.2 Remove any County property, equipment, monies, forms or any other item

belonging to an employee of the County from County facilities. 7.17.3 Engage in horseplay or loud boisterous behavior. 7.17.4 Be under the influence of alcohol or drugs. 7.17.5 Gamble on County property. 7.17.6 Smoke in any building. 7.17.7 Turn on or use any electronic equipment (computers, typewriters, radios,

etc.) other than those supplied by Contractor. 7.17.8 Use any County telephone except those designated by the Facilities

Management Representative or his/her designee, for the performance of services under this contract.

7.17.9 Open any desk, file cabinet or storage cabinet. 7.17.10 Remove any article from desks.


7.17.11 Consume any food or beverage other than that brought with or purchased by the employee.

7.17.12 Consume any food or beverage in any area NOT designated as a break or

lunchroom. 7.17.13 Engage in non-work-related conversations with County employees or

visitors. 7.17.14 Come to work late or leave work early. 7.17.15 Not remove anything from the trash (i.e. recyclables, etc.) 7.17.16 Use any shop equipment or supplies at anytime

7.18 Employee Removal: Successful Contractor shall remove from service on County premises any employee of

Contractor who, in the opinion of the Facilities Management Representative, or his/her designee, is not performing the services in a proper manner or who is incompetent, disorderly, abusive, dangerous, insubordinate, disruptive, who does not comply with rules and regulations of the County. Contractor shall in no way interpret such removal to require dismissal of or other disciplinary action against the employee; and such removal shall not be the basis of any claim for compensation or damages against the County or any of its officers, employees or agents as to the performance of the work.

7.19 Employee Appearance and Identification: Successful Contractor’s personnel shall present a neat appearance and be easily

recognized as Contractor employees. Contractor shall provide each employee with an identification badge and uniform. The badge shall include the employee's photograph and name, an employee number and Contractor's name. The identification badge shall be displayed on the front of the employee's uniform at all times. Contractor accepts and understands that any employee who fails to meet this requirement may be asked to leave County property. Should this occur, the County will not compensate the Contractor or Contractor's employees for lost time. It is expressly understood that Contractor is responsible for ensuring that all of its employees possess and carry valid photo-identification at all times on County property. Contractor's employees shall be wearing their uniforms and identification badges prior to entering the building, and uniforms and badges shall be worn at all times while working in a County facility. The uniform, at a minimum, shall be a uniform shirt to which Contractor's business name and/or logo have been affixed. Contractor's employees shall be at least eighteen (18) years of age and thoroughly trained and qualified in the work assigned to them. Contractor's employees shall be able to follow directions and shall be physically capable of performing the duties assigned to them, including lifting/moving heavy items, climbing ladders, etc.

7.20 Right to Reject Bids:

The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids.

7.21 San Joaquin County Green Purchasing Policy: San Joaquin County has a Green Purchasing Policy, please click on the link to view.


http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128 7.22 Basis for Selection and Conditions:

The responsiveness, competency and responsibility of bidders will be considered in making the award of contract. Any bidder before being awarded a contract may be required to furnish evidence satisfactory to the County that bidder has sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The County reserves the right to reject the bid of any bidders as not responsible and not qualified to do the particular work under consideration who have previously failed to perform properly or to complete on time contracts with the County of a nature similar to this project. Other factors that may be considered by the County to determine a responsible bid and the overall capability of the bidder to satisfactorily complete the work under consideration may include, but are not limited to: insufficient experience, experience on other public projects, experience doing the same type of work, length of tenure and capacity with bonding or insurance company, financial stability, and whether a bidder has been terminated on other projects. A responsive bid is one that meets all terms, conditions, and specifications of the bid. The bid must comply with the content requirements of the bid documents. The bidder must perform and do what the bid documents and contract required and said they must do, whether it be pricing in a certain way, attending a mandatory pre-bid conference, providing bonds, etc. Other examples where a bid might be declared and found to be non-responsive include:

• Bid is substantially incomplete • Bid is not signed • Bid is delivered late • No acknowledgement of critical addenda • Significant discrepancies appear in the response

A responsive bid conforms to bid specifications. However, a bid which substantially conforms, though not strictly responsive, to a call for bids may be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential. The County reserves the right to reject any and all bids or alternatives and waive any informality or irregularity in the bids or in the bidding, and to determine responsiveness and responsibility of bidder, including but not limited to those areas mentioned above.

7.23 Examine Specifications: Bidders shall thoroughly examine and be familiar with the specifications. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other document or become acquainted with all existing conditions shall in no way relieve any bidder from any obligations with respect to Bidder’s offer or to the contract. The submission of a Request for Bid shall be taken as prima facie evidence of compliance with this section.

Should a Bidder find discrepancies in or omissions from the drawings or other contract document, or should be in doubt as to their meaning, he shall at once notify Gina Gutierrez who is the Owner’s representative. The Owner, San Joaquin County Purchasing Department, will send written instructions to all bidders. Neither Owner nor its representative will be responsible for any oral instructions. No interpretations will be issued later than three (3) calendar days prior to the bid date so that all inquiries can be answered in writing and distributed to all bidders in the form of addendum to the contract in ample time before the bid opening date.


7.24 Specification Changes: The County may, during the Request for Bid period, advise the Bidder in writing of any additions, omissions or alterations in the specifications. All such changes shall be included in the Request for Bid and become part of the specifications as if originally submitted.

7.25 Bid Withdrawal:

Any Bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled opening time of receipt of bids.

7.26 Opening of Bids: Bids will be opened and read at or about the time set in the advertised Notice Inviting Bids. Bidders, or their representatives, and other interested persons may be present at the opening of bids.

7.27 Award or Rejection of Bids:

The contract, if awarded, will be awarded to the lowest responsible bidder based on the lowest total bid received and in compliance with these instructions and the advertised Notice Inviting Bids, provided the bid is reasonable and it is to the interest of the Owner to accept it. If the bid form contains additive and/or deductive alternates, the Owner, for cost consideration, may select additive and/or deductive alternates before determining the lowest bidder. The competency and the responsibility of bidders and of their proposed subcontractors will be considered in making the award of contract. Any bidder before being awarded a contract, may be required to furnish evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the type of work called for to assure completion of the contract in a satisfactory manner. The owner reserves the right to reject the bid of any bidders who have previously failed to perform properly or to complete on time, contracts with the Owner of a nature similar to this project. The Owner reserves the right to reject any or all bids or alternates and waive any informality or irregularity in the bids or in the bidding.

The County reserves the right to reject any or all bids or parts thereof, and to award the contract

to the Bidder whose response is most advantageous to the County. False, incomplete or unresponsive statements in connection with a bid submittal maybe sufficient cause for rejection. The County will be the sole judge in making such determinations.

7.28 All bid documents part of final contract:

Any bid documents, letters, and materials submitted by the Bidder shall be binding and included as part of the final contract. Unauthorized conditions, limitations or provisions attached to this bid may render it non responsive and may cause its rejection.

7.29 Equal Employment Opportunity: The Bidder awarded this contract shall not discriminate against any employee and applicant for employment because of race, color, religion, sex, age, marital status, or national origin. Such action shall include but not be limited to the following: employment upgrading, demotion or transfer, rate of pay or other forms of compensation and selection for training, including apprenticeship. In the event of Bidder non-compliance with the provisions of this clause, the contract may be canceled, terminated or suspended in whole or in part and the Bidder may be declared ineligible for further County contracts. The rights and remedies of the County provided in this paragraph shall not be exclusive but are in addition to any remedies provided by law.


7.30 Drug Free Workplace:

Bidder shall comply with the provisions of Government Code section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

7.31 Contract Performance:

The performance of the contract resulting from this bid shall be governed by and interpreted under and construed according to the laws of the State of California. The governing venue for this bid and subsequent contract is San Joaquin County

7.32 Notice: Any notice, demand, request, or consent approval required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown below. :

County of San Joaquin, Administration Building Purchasing Department and Support Services 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2930 Attention: Gina Gutierrez

7.33 Indemnification:

Bidder shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of Bidder, its employees, officers, agents or Subcontractors.


ATTACHMENT A - BIDDER IDENTIFICATION SHEET

RESPONDENT TO COMPLETE AND RETURN WITH BID Type or print the following information: Company: Address: (City) (State) (Zip) Name: Title: Telephone: ( ) Fax: ( ) MY BID IS ATTACHED AND IDENTIFIED AS: BID # 6727 JANITORIAL SERVICES FOR PUBLIC DEFENDER BUILDING Years in business: Number of employees: Name of Insurance carriers: Public Liability: Expires: Workers’ Compensation: Expires: NOTE: Proof of maintenance of adequate insurance will be required before an award will be made to CONTRACTOR. If not already on file with the Purchasing Office, be sure it accompanies your Bid response. The undersigned, having carefully read and examined the contract documents, and being familiar with (1) all the conditions applicable to the work for which this bid is submitted; (2) with availability of the required equipment, materials and labor hereby agrees to provide everything necessary to complete the work for which this bid is submitted in accordance with the Bid documents for the amounts quoted herein and further agrees that if this bid is accepted, within five (5) days after the contract is presented for acceptance, will execute, and mail a signed contract to the County of San Joaquin Purchasing Agent. Signature Date


ATTACHMENT B - REFERENCES

SIMILAR CONTRACTS PERFORMED: List below contracts under which the BIDDER has provided similar services during the past three (3) years. NO RESIDENTIAL REFERENCES ARE ACCEPTABLE.

BIDDER’S financial stability, technical and support capabilities will be verified through reference checking, which may include site visits and contact with other clients or vendors.

FIRM NAME: ______________________________________________________________

ADDRESS: _______________________________________________________________

PHONE NUMBER: ____________________________Email_____________________________

CONTACT PERSON: _______________________________________________________

DATE OF CONTRACT: _______________________through ________________________

FIRM NAME: _____________________________________________________________

ADDRESS: _______________________________________________________________

PHONE NUMBER: ____________________________Email_____________________________

CONTACT PERSON:

DATE OF CONTRACT: _________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS:

PHONE NUMBER: Email

CONTACT PERSON: _________________________________________________________

DATE OF CONTRACT: _________________________through _____________________


Attachment C - Public Contract Code Section

In accordance with Public Contract Code Section 10162, the Proposer shall complete, under penalty of perjury, the following questionnaire.

Has the Proposer, any officer of the Proposer, or any employee of the Proposer who has a proprietary interest in the Proposer, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or a safety regulation?

Yes _________________ No __________________

If the answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTION 10232 STATEMENT

In accordance with Public Contract Code Section 10232, the PROPOSER hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the PROPOSER within the immediately preceding two year period because of the PROPOSER's failure to comply with an order of a federal court, which orders the PROPOSER to comply with an order of the National Labor Relations Board.

BUSINESS AND PROFESSIONS CODE SECTION 7028.15 STATEMENT

In accordance with Business and Professions Code Section 7028.15. the Contract or herby states that all representations made herein are made under penalty of perjury.


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BIDDER MUST BID FIRM PRICES TO PERFORM 100% OF THE SERVICES LISTED IN THE SPECIFICATIONS. (PRIC ING INCL UDING SUPPLIES)

# of Employees

Approx. Hours

Per Site

Location

Monthly Year 1

Annually Year 1

Monthly Year 2

Annually Year 2

Public Defender Building $ $ $ $

Hourly Rate for Emergency Services $ Hourly Rate for Special Events $

By submitting a bid, bidder acknowledges and accepts the conditions and all terms and conditions contained in the Request for bid. Bidder must respond to the following questions to be considered: Y N

1) Do you have the necessary workforce? □ □

2) Does the firm have the equipment needed to perform? □ □

3) Do you have the necessary licenses and insurance? □ □

Above pricing shall remain firm for the awarded twenty-four (24) month period. Firm Name Signature of Authorized Agent Mailing Address Print Name & Title of Authorized Agent City State Zip Date Phone Fax Email

TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE


AATTTTAACCHHMMEENNTT JJ–– SSIIGGNNEEDD WW--99 FFOORRMM

BBIIDDDDEERR IISS RREEQQUUIIRREEDD TTOO IIDDEENNTTIIFFYY EEAACCHH AATTTTAACCHHMMEENNTT


ATTACHMENT K ( IF APPLICABLE)

Local Vendor Preference Certification

Consistent with San Joaquin County Local Vendor Preference Policy (2735), please provide the following qualification statements (if applicable):

1) Do you have a fixed office or distribution point located in and having a street address within San Joaquin County for at least one year? Post office box addresses do not qualify a business as a “local vendor.” Circle one: Yes No

a. If yes, provide address:

________________________________________________________________

2) Do you have a current business license issued by San Joaquin County or a city in the County?

Circle one: Yes No

a. If yes, please attach a copy.

3) Do you employ as least one (1) full-time or two (2) part-time employees whose primary residence is located within San Joaquin County.

Circle one: Yes No Any person or business falsely claiming a preference under this policy shall be ineligible to bid on any County purchases or contracts for a period of one (1) year. The Purchasing Agent shall have the right to terminate all or any part of any contract entered into with such person or business.

(Authorized Signature) (Title) (Company Name)


EXHIBIT A - SERVICE AND CLEANING SPECIFICATIONS SHEET FOR PUBLIC DEFENDER BUILDING

KEY: MWF means each Monday, Wednesday, and Friday. Hours 4pm-9pm (may stay later than 9pm with prior approval by County) FLOOR AREAS: Sweep and/or mop hard surface floors MWF Vacuum & spot clean all carpets MWF Damp mop lobby and all kitchen/break room floors MWF Sweep, damp mop, & spot clean concrete stairwell* Monthly Strip, scrub, re-finish, and buff hard surface floors Monthly Shampoo or steam clean all carpets 2 x per year Damp mop hard surface floors for spills, etc. As needed GENERAL CLEANING: Clean elevator cabs MWF Remove trash from break rooms* MWF Refill break room dispensers* MWF Clean drinking fountains, counters and sinks * MWF Empty & clean wastebaskets and trash containers MWF Remove cobwebs Each Wednesday Dust furniture, file cabinets, partitions, ledges Each Wednesday Damp wipe tabletops in break rooms and conference areas* Each Wednesday Clean vertical surfaces and walls Each Wednesday Damp wipe stair rails, window sills, kick plates Each Wednesday Clean doors, switch plates, escutcheons Each Wednesday Dust lighting fixtures , blinds, woodwork & moldings Monthly Vacuum upholstered furniture and fabric window coverings 2 x per year Shampoo or steam clean upholstered furniture 2 x per year Put recycling in central location Each Wednesday (break down and stack cardboard boxes) REST ROOMS Clean, damp mop, and disinfect floors and wet floor drains* MWF Clean and refill dispensers* MWF Clean mirrors* MWF Empty and clean receptacles* MWF Deodorize restrooms* MWF Clean & disinfect counters, sinks, toilets, & urinals* MWF Clean walls, doors, & partitions* MWF GLASS CLEANING Spot clean interior glass MWF Clean interior glass As needed** Clean interior & exterior of perimeter windows As needed** BASEMENT AREA Dust mop floor Each Wednesday Clean and restock restrooms Each Wednesday *Work can be performed as early as 4:00pm


EXHIBIT B - 21 -

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY

CONTRACT ID#

Contract Amount $

SAMPLE ONLY PARTIES: COUNTY: County of San Joaquin Purchasing & Support Services 44 N. San Joaquin Street, Suite 540 Stockton, CA 95202-2931 With copies to: County of San Joaquin CONTRACTOR: Name Address City Contact Name Contact Phone # Contact Email: This Agreement is made and entered into this __________day of ___________, 201____, by and between ___________________, an Independent CONTRACTOR (hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the State of California for ________________(hereinafter “COUNTY”).

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:


1. Applicable Federal and State of California statutes and regulations, this Agreement and its exhibits.

2. COUNTY Invitation to Bid Number ____________. 3. CONTRACTOR’S Proposal dated ___________________.

1. Scope of Professional Services:

CONTRACTOR agrees to provide services

CONTRACTOR shall perform the CONTRACTOR’S work in accordance with currently approved methods and standards of practice in the CONTRACTOR’S professional specialty.

2. Term of Agreement:

This Agreement shall commence , 201__ through________, 201__, unless said work is completed on a date prior thereto or unless terminated earlier as provided herein or extended upon mutual agreement.

3. Interpretation: This Agreement shall not be interpreted in favor of any Party by virtue of said Party not

having prepared this Agreement. If any time period provided for in this Agreement ends on the day other than a Business Day,

the time period shall be extended to the next Business Day.

4. Compensation:

COUNTY agrees to pay CONTRACTOR an hourly amount of ($ ). The total payments made for services performed pursuant to this Agreement shall not exceed ________________ DOLLARS ($00,000.00).

5. Invoicing:

CONTRACTOR shall submit one invoice to County of San Joaquin, _____________________________________________________. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.

6. CONTRACTOR’S Status:

In the performance of work, duties and obligations imposed by this Agreement, the CONTRACTOR is at all times acting as an Independent CONTRACTOR practicing his or her profession and not as an employee of the COUNTY. A copy of CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to COUNTY. The CONTRACTOR shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits. The CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned.


7. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

8. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

9. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or Subcontractors.

CONTRACTOR shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order.

10. Insurance: CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to the Purchasing Department showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to the COUNTY. The COUNTY at its discretion, may waive in part or in full insurance requirements. CONTRACTOR is required to provide insurance unless notified by the COUNTY’S Purchasing Agent of any waivers. CONTRACTOR agrees that CONTRACTOR is responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors/CONTRACTOR’S who provide services pursuant to this Agreement. Copies of insurance certificates shall be filed with the COUNTY’S Purchasing Agent.

General Liability Limits 1. BI & PD combined/per occurrence $1,000,000 /Aggregate $1,000,000 2. Personal Injury/Aggregate $1,000,000


3. Automobile Liability/per occurrence CONTRACTOR agrees to defend, hold harmless and indemnify the COUNTY for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

Professional Liability 1. Professional Liability/as appropriately relates to $1,000,000 services rendered. Coverage may include medical malpractice and/or errors and omissions.

Workers’ Compensation and Employer’s Liability Statutory requirement

11. Discrimination:

CONTRACTOR shall not discriminate because of age, ancestry, color, creed, marital status,

medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation.

12. ADA Compliance:

CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)

13. Notices:

Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

14. Termination:

If the CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties under this

Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon thirty (30) days written notice to other party.

If the County Board of Supervisors fails to appropriate funds to enable County Departments

to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

15. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this


Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY. Performance of services under this Agreement by associates or employees of CONTRACTOR shall not relieve CONTRACTOR from any responsibility under this Agreement.

16. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

17. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

18. Compliance:

CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

19. Governing Law and Venue:

The Laws of the State of California shall govern this Agreement. Venue shall be in San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

20. Documents:

All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of the COUNTY whether executed by or for the CONTRACTOR for COUNTY, or otherwise by or for the CONTRACTOR, or by or for a subcontractor operating under the CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

21. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all right, title, and interest in and to the Custom Products shall vest in the COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of the COUNTY


and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner: © 20__ County of San Joaquin. All rights reserved.

22. Data Security – Confidentiality:

a. Acknowledgment of access to information characterized as covered data

Contractor acknowledges that its contract/purchase order (“Agreement”) with the County of San Joaquin, California( “County”) may allow the Contractor access to confidential County information or County provided information including, but not limited to, personal information, records, data, or financial information notwithstanding the manner in which or from whom it is received by Contractor (“Covered Data”) which is subject to state laws that restrict the use and disclosure of County information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

b. Prohibition on unauthorized use or disclosure of covered data and information Contractor agrees to hold Covered Data received from or created on behalf of County

in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Contractor will notify County in writing prior to any disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County.

c. Safeguard standard Contractor agrees that it will protect the Covered Data according to commercially

acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.


d. Return or destruction of covered data and information Upon termination, cancellation, expiration or other conclusion of the Agreement,

Contractor shall return the Covered Data to County unless County requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) calendar days after the conclusion of this Agreement. Within this thirty (30) day period, Contractor shall certify in writing to County that the return or destruction has been completed.

e. Reporting of unauthorized disclosures or misuse of covered data and information Contractor shall report, either orally or in writing, to County any use or disclosure of

Covered Data not authorized by this Agreement or in writing by County, including any reasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been unauthorized use or disclosure. Contractor’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide County other information, including a written report, as reasonably requested by County.

f. Examination of records County and, if the applicable contract or grant so provides, the other contracting party

or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. Contractor shall retain project records for a period of five years from the date of final payment.

g. Assistance in litigation or administrative proceedings Contractor shall make itself and any employees, subcontractors, or agents assisting

Contractor in the performance of its obligations under the Agreement available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

h. No third-party rights

Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.


i. Attorney's fees

In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by in-house counsel shall be calculated by applying an hourly rate commensurate with prevailing market rates charged by attorneys in private practice for such services.

j. Survival

The terms and conditions set forth shall survive termination of the Agreement between the parties.

23. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first written above.

CONTRACTOR Name COUNTY OF SAN JOAQUIN, a Address political subdivision of City, State and Zip the State of California

By: _________________Date:______ By: ____________________Date:_____ Signature, Authorized Agent David M. Louis, C.P.M., CPPO, CPPB Director, Purchasing & Support Services

By: ____________________________ Printed Name of Authorized Agent

APPROVED AS TO FORM Office of County Counsel

By: _____________________Date:______ Gilberto Gutierrez Deputy County Counsel

Buyer of Record: GG

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