19-R-122 - Cleaning Contract Brett Systems Inc DBA Vanguard Cleaning servicesRESOLUTION NO. 19 -R -122
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING EXPENDITURES TO BRETT SYSTEMS, INC.
DBA VANGUARD CLEANING SYSTEMS FOR CLEANING SERVICES
DURING THE 2019 -2020 FISCAL YEAR AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") requires cleaning of its occupied buildings to
meet typical cleaning needs; and
WHEREAS, City staff has solicited competitive proposals from qualified vendors for
cleaning services; and
WHEREAS, City staff has determined Vanguard Cleaning Systems are qualified to provide
such services; and
WHEREAS, City staff has recommended the City accept Vanguard Cleaning Systems
proposal for cleaning services in the amount of $103,791.72; and
WHEREAS, the City Council authorizes City Staff to enter into a contractual relationship
with Vanguard Cleaning Systems for cleaning services for the remainder of Fiscal Year 2019-
2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1M
Section 1. The City Council hereby authorizes the City Manager to execute and deliver
the contract with Vanguard Cleaning Systems for cleaning and porter services for the remainder
of Fiscal Year 2019 -2020.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 10a' day of September, 2019
ATTEST-
f�
renda Dennis, City Secretary
CITY OF
-2-
Carpenter, Mayor
CITY OF SCHERTZ
SERVICE AGREEMENT
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ( "Agreement ") is made and entered by and between the City of
Schertz, Texas, (the "City ") a Texas municipality, and Vanguard Cleaning Systems
( "Contractor ").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto
and shall remain in effect through September 30, 2020 with the option to renew for four
(4) additional terms of one (1) year each unless terminated as provided for in this
Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of
Work attached hereto as Exhibit "A ". The work as described in the Scope of Work
constitutes the "Project ".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be
applicable to the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by
the City except when defects should have been apparent to a reasonably competent
Contractor or when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in the manner set forth in Exhibit "B" and as provided
herein.
(B) Billing Period. The Contractor may submit an invoice for payment upon completion
of the described tasks. Subject to Chapter 2251, Texas Government Code (the
"Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of
the Contractor's invoice. Interest on overdue payments shall be calculated in
accordance with the Prompt Payment Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project
shall be included in the scope of Work (Exhibit A), pricing schedule (Exhibit B) and
accounted for in the total contract amount.
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Vanguard Cleaning Systems Service Agreement
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary
delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and
termination of this Agreement without any or further liability to the City other than a prorated payment
for necessary, timely, and conforming work done by Contractor prior to the time of termination.
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years. Contractor
shall provide evidence of such insurance to the City. Such documentation shall meet the requirements
noted in Exhibit C.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employer's liability insurance meeting the requirements of the
State of Texas on all the Contractor's employees carrying out the work involved in this contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement,
general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for
each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no
less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed
Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or
property damages sustained by reason of the Contractor or its employees carrying out the work
involved in this Agreement. The general aggregate shall be no less than $2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement,
automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for
bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per
occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned,
hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its
employees.
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to carry
and maintain the same workers compensation and liability insurance required of the Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable
insurance company licensed to do business in the State of Texas and currently rated "B +" or better by
the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims
made" form.
Evidence of such insurance shall be attached as Exhibit "D ".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these
insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is
provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
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Vanguard Cleaning Systems Service Agreement
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved
in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall
comply with all provisions of this Agreement and the applicable Scope of Work. The approval or
acquiescence of the City in the subletting of any work shall not relieve the Contractor of any
responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or
regulatory bodies in any matter affecting the performance of this Agreement, including, without
limitation, worker's compensation laws, minimum and maximum salary and wage statutes and
regulations, and licensing laws and regulations. When required, the Contractor shall furnish the
City with satisfactory proof of compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor
of the City and is not an employee, agent, official or representative of the City. Contractor shall not
represent, either expressly or through implication, that Contractor is an employee, agent, official or
representative of the City. Income taxes, self - employment taxes, social security taxes and the like
are the sole responsibility of the Contractor.
(D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised
or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other
consideration to any person as an inducement to or in order to obtain the work to be provided to
the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift,
bonus, commission, money, or other consideration from any person (other than from the City
pursuant to this Agreement) for any of the Work performed by Contractor under or related to this
Agreement. If any such gift, bonus, commission, money, or other consideration is received by or
offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option
of the City, the City may elect to accept the consideration for itself or to take the value of such
consideration as a credit against the compensation otherwise owing to Contractor under or
pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by
any party is delayed as a result of circumstances which are beyond the reasonable control of such
party (which circumstances may include, without limitation, pending litigation, acts of God, war,
acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions
[such as, by way of illustration and not of limitation, severe rain storms or below freezing
temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or
actions by governmental authorities), the time for such performance shall be extended by the
amount of time of such delay, but no longer than the amount of time reasonably occasioned by the
delay. The party claiming delay of performance as a result of any of the foregoing force majeure
events shall deliver written notice of the commencement of any such delay resulting from such
force majeure event not later than seven (7) days after the claiming party becomes aware of the
same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure
event causing such delay and the other party shall not otherwise be aware of such force majeure
event, the claiming party shall not be entitled to avail itself of the provisions for the extension of
performance contained in this subsection.
(F) Conflict of Terms.
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Vanguard Cleaning Systems Service Agreement
Scope of work:
In the case of any conflicts between the terms of this Agreement within the Scope of Work, this
Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee
schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements between parties:
In the case of any conflicts between the terms of this Agreement and wording contained within any
other attachment, amendment, and agreement executed between the parties in conjunction with
this Agreement, this Agreement shall govern.
(G) Non- Boycott of Israel. The City of Schertz may not enter into a contract with a company for goods
and services unless the contract contains a written verification from the company that; (i) it does
not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government
Code chapter 2270) by accepting this purchase order, the vendor (Professional or other applicable
term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during
the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in
the Texas Government Code Section 808.001, as amended.
Relevant definitions from the bill:
"Company" means a for - profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or
affiliate of those entities or business associations that exists to make a profit.
"Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled
territory, but does not include an action made for ordinary business purposes.
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either
this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of the
failure of Contractor to perform the Work contemplated by this Agreement in a timely or
satisfactory manner;
(4) By the City, at will and without cause upon not less than five (5) days written notice to the
Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor
shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable
expenses then due and payable as of the time of termination and only then for those Work that
have been timely and adequately performed by the Contractor considering the actual costs incurred
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Vanguard Cleaning Systems Service Agreement
by the Contractor in performing work to date of termination, the value of the work that is nonetheless
usable to the City, the cost to the City of employing another Contractor to complete the work
required and the time required to do so, and other factors that affect the value to the City of the
work performed at time of termination. In the event of termination not the fault of the Contractor,
the Contractor shall be compensated for all basic, special, and additional Work actually performed
prior to termination, together with any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT,
FUTURE AND FORMER AGENTS, EMPLOYEES,. OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL,
INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION,
JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY),
COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON
LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND
PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED
OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER
THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement shall be
in writing and shall be given and shall be deemed to have been served and received (whether actually
received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official
depository under the regular care and custody of the United States Postal Service located within the
confines of the United States of America and sent by certified mail, return receipt requested, and
addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier
receipted delivery. Either party may designate another address within the confines of the continental
United States of America for notice, but until written notice of such change is actually received by the
other party, the last address of such party designated for notice shall remain such party's address for
notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior written
consent of the other party.
Section 11. Severability
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality,
validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected
thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added
automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to
the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this Agreement
that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver
shall be effective only if in writing executed by the party for whose benefit such requirement is intended.
No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to
constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of
the same or of a different type of breach or violation.
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Vanguard Cleaning Systems Service Agreement
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed in
accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are
performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this
Agreement shall be in Guadalupe County, Texas.
Section 14. Paragraph Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have
participated in the negotiation and preparation of this Agreement and this Agreement shall not be
construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other gender,
and words in the singular number shall be held and construed to include the plural, unless the context
otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original,
and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
Section 19. Entire Agreement
It is understood and agreed that this Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements or understandings between the parties relating
to the subject matter. No oral understandings, statements, promises or inducements contrary to the
terms of this Agreement exist. This Agreement cannot be changed or terminated orally.
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third
party to create the relationship of principal and agent or of partnership or of joint venture or of any
association whatsoever between the parties, it being expressly understood and agreed that no
provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to
create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to the
work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and
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Vanguard Cleaning Systems Service Agreement
records will be maintained in accordance with generally accepted principles of accounting and will be
adequate to enable determination of: (1) the substantiation and accuracy of any payments required to
be made under this Agreement; and (2) compliance with the provisions of this Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL GOVT CODE, the parties
agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this
agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A
written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied
party to the other party, which notice shall request a written response to be delivered to the dissatisfied
party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably
resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that
effect to the other party whereupon each party shall appoint a person having authority over the activities
of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If
those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from
the highest tier of managerial responsibility within each respective party, who shall then promptly meet,
in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationships /Affiliations, Conflict of Interest
Questionnaire
Contractor represents that it is in compliance with the applicable filing and disclosure requirements of
Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section
2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics
Commission (TEC), all contracts with private business entities requiring approval by the Schertz City
Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295
is also required for any and all contract amendments, extensions or renewals. Contractors are required
to complete and file electronically with the Texas Ethics Commission using the online filing application.
Please visit the State of Texas Ethics Commission website,
https:// www.ethics.state.tx.us /whatsnew /elf info form1295.htm and
hfi)s: / /www. ethics .state.tx.us /tec /l295- Info.htm for more information.
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL
COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT
OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER
CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
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Vanguard Cleaning Systems Service Agreement
EXECUTED on this the
CITY:
day of , 20_
CONTRACTOR:
By:
By:
Name: Dr. Mark Browne
Name:
Title: City Manager
Title:
ADDRESS FOR NOTICE:
CITY:
City of Schertz
Attn: Dr. Mark Browne, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CONTRACTOR:
Vanguard Cleaning Systems
11302 Sir Winston, Ste 1
San Antonio, Texas 78216
Attn: Sean Iverson
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Vanguard Cleaning Systems Service Agreement
Exhibit "A"
SCOPE OF WORK
1. Building Locations
All City of Schertz Buildings are located within the City of Schertz, TX 78154.
Schertz Library: 798 Schertz Pkwy
Schertz Public Works: 10 Commercial Place Bldg. 2
Schertz Fleet & Facilities: 10 Commercial Place Bldg
City Hall: 1400 Schertz Pkwy, Bldg 1
Administration: 1400 Schertz Pkwy, Bldg 2
Council Chambers: 1400 Schertz Pkwy Bldg. 4
Animal Care Services: 800 Community Circle
Community Center: 1400 Schertz Pkwy, Bldg 3
North Center: 3501 Morning Drive
2. Building Cleaning Schedule
Contractor shall be responsible for cleaning the following buildings:
LIBRARY 7 DAYS A WEEK
MONDAY- 30,000
SUNDAY SQFT
CITY HALL
5 DAYS A WEEK
MONDAY- 11,500
5 DAYS A WEEK
FRIDAY SQFT
PUBLIC WORKS
MONDAY-
6,000
FRIDAY
SQFT
ADMINISTRATION
5 DAYS A WEEK
MONDAY-
9,500
**
3 DAYS A WEEK
FRIDAY
SQFT
COUNCIL
MON -WED-
5,500
CHAMBERS
_
FRIDAY
SQFT
ANIMAL
5 DAYS A WEEK
MONDAY-
3,000
SERVICES
FRIDAY
SQFT
FLEET &
3 DAYS A WEEK MON -WED-
2,200
FACILITIES
FRIDAY
SQFT
NORTH CENTER
3 DAYS A WEEK SAT -SUN-
2,500
MON
3 DAYS A WEEK FRI -SAT-
SQFT
COMMUNITY
3,750
CENTER _
SUN
SQFT
"Administration Building will receive a full cleaning Monday, Wednesday, and Friday and will
have reduced service on Tuesday and Thursday. The Tuesday/Thursday cleaning service will
be:
1. A visual inspection of entire facility
2. Removal of all trash and debris
3. Inspection, with wipe -down (as needed) of three (3) Conference Rooms
4. Restroom and Break -Room services
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Vanguard Cleaning Systems Service Agreement
3. City of Schertz Furnished Supplies
3.1 Paper goods (toilet tissue, tissue paper, paper towels, and toilet seat covers to
refill dispensers)
3.2 Soaps (antibacterial, liquid, sanitizers and dishwashing soap)
3.3 Trash can liners
3.4 Deodorant and urinal blocks or screens
3.5 Air fresheners
4. Contractor Furnished Supplies
4.1 Cleaning materials and chemicals
4.2 Cleaning tools (mops, etc.)
4.3 To avoid cross - contamination, contractor shall use separate sets of cleaning equipment
for bathrooms, kitchens /break rooms, and other areas
5 Scope of Work
5.1 General Facility Cleaning Requirements
5.1.1 Daily Services
The following services shall be performed daily by the contractor according to the
building schedule:
5.1.1.1 Sweep all flooring using dust -down preparation; damp mop all
flooring in entrance foyers.
5.1.1.2 Vacuum all carpeted areas and rugs, moving light Furniture other
than desks, file cabinets, etc.
5.1.1.3 Spot clean carpets as needed for stains under 5 inches in diameter.
5.1.1.4 Empty, clean and damp dust all wastepaper baskets.
5.1.1.5 Maintain Resilient Floors.
5.1.1.6 Remove spillage.
5.1.1.7 Remove gum, tar and other materials
5.1.1.8 Maintain Janitor Closets.
5.1.1.9 Clean sink or basin.
5.1.1.10 Remove waste and place for disposal.
5.1.1.11 Maintain organized supply cabinets and/or shelves.
5.1.1.12 Maintain Lavatories.
5.1.1.13 Mop all applicable flooring with disinfectant cleaner.
5.1.1.14 Wash and polish all mirrors, powder shelves, bright work, enameled
surfaces, etc., including but not limited to, flush -o- meters, piping and
toilet seat hinges.
5.1.1.15 Wash and wipe dry both sides of all toilet seats.
5.1.1.16 Wipe clean all toilet tissue, soap, towel and sanitary napkin
dispensers and disposable units.
5.1.1.17 Wash all basins, bowels and urinals, and disinfect.
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Vanguard Cleaning Systems Service Agreement
5.1.1.18 Wash all partitions, dispensers and receptacles using City of Schertz
approved proper disinfectant.
5.1.1.19 Empty waste paper and refuse in a designated area.
5.1.1.20 Restock all dispensers with City provided consumables.
5.1.1.21 Dust and wipe clean cleared horizontal surfaces and window sills.
5.1.1.22 Clean and polish all water fountains
5.1.1.23 Remove all fingerprints, scuff marks and chewing gum wherever
found.
5.1.2 Monthlv Services
The following services shall be performed on a monthly basis for all buildings:
5.1.2.1 Dust all pictures, frames, charts, graphs and similar wall hangings
not reached in nightly cleaning.
5.1.2.2 Dust all vertical surfaces such as partitions, ventilating louvers, fresh
air register grills and others not reached in daily cleaning.
5.1.2.3 Dust all mini and/or vertical blinds.
5.1.3 Entrance Lobby
5.1.3.1 Daily Services
The following services shall be performed daily by the contractor
according to the building schedule:
5.1.3.1.1
Sweep and mop flooring.
5.1.3.1.2
Clean all glass entrance doors.
5.1.3.1.3
Empty and clean trash containers with additional spot
cleaning as necessary. All trash containers shall be
relined with an appropriately sized liner.
5.1.3.1.4
Clean Cigarette Urns.
5.1.3.1.5
Police area for loose debris.
5.1.3.1.6
Vacuum runner carpets.
5.1.4 General Contractor Re uirements
5.1.4.1 All work done for the Schertz Library shall be performed during non -
business Library hours as directed
5.1.4.2 Access to all City buildings shall be coordinated with Facility Services
staff.
5.1.4.3 Contractor shall ensure that exterior doors shall remain locked while
work is performed and that only authorized individuals are on
premises.
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Vanguard Cleaning Systems Service Agreement
5.1.4.4 Contractor shall only use lighting provided and not override automated
lighting controls.
5.1.4.5 The City shall approve all chemicals used at the all City buildings prior
to Contractor's use.
5.1.5 Contractor Staff Requirements
All contractor staff will be required to meet the following minimum requirements:
5.1.5.1 Be at least eighteen (18) years of age
5.1.5.2 Pass a pre - employment drug screening
5.1.5.3 Pass a nationwide criminal background check to include Sex
Offender registry and County criminal record searches based on all
known addresses in past ten (10) years to be performed by the City
of Schertz.
5.1.5.4 Contractors working in the Animal Care Services Building will be
required to pass a CJIS Criminal Background Check
5.1.5.5 Have reference checks performed
5.1.5.6 Contractor shall provide uniforms for all staff working on City
Property which clearly displays the Contractor's company logo.
Uniforms shall be worn by Contractor's staff during the performance
of the work.
5.1.5.7 The City will issue contractor access to City Buildings to include
identification badging, electronic keycode access, and /or keys.
Contractor's staff shall always wear and have badges clearly visible
to City staff while performing services at all City facilities. Contractor
shall ensure that all issued access badges are secure. Contractor is
responsible for returning all badges to the City when staff will no
longer be scheduled to perform services and report all loss or theft
of badges as soon as possible being no later than twenty -four (24)
hours after loss of the badge.
5.1.6 Community Center and North Center Cleaning Requirements
All scheduled cleaning must take place between 1:OOAM and 9:OOAM on the
designated days. The following standards shall be adhered to for cleaning the
Community Center and North Center.
5.1.6.1 Mopping. Remove soil, dirt, liquid, and foreign material from floor.
Use Zamboni floor cleaner (Community Center) to clean all areas of
floor.
5.1.6.2 Disinfecting. Application of germicidal solution to all surfaces to kill
and /or neutralize 99.9% of sinks, countertops, toilet handles, faucets,
bathroom stalls and any other material that contains or supports the
grown of bacterial /viral organisms.
CITY OF SCHERTZ PAGE 12
Vanguard Cleaning Systems Service Agreement
5.1.6.3 Dispenser Cleaning and Service. Dispenser cleaning /service
requires damp wiping dispensers with a disinfectant,
checking /refilling of all towels, toilet tissue, soap, or any other
dispensers which may be identified by Civic Center Manager.
5.1.6.4 Dusting. Normal dusting shall include all levels to include sound
boards and window sills that are reachable at least six (6) feet high.
5.1.6.5 Entrance Glass. Glass surface is to be cleaned on both the inside
and outside of the entrance doors.
5.1.6.6 Entrance Mats: Carpet mats shall be vacuumed with a commercial
vacuum. Rubber and Polyester mats shall be swept or vacuumed.
5.1.6.7 Fixtures. Restroom fixtures, kitchen fixtures, and fountains shall be
cleaned for the removal of dust, dirt, debris, spots, stains, and
smears.
5.1.6.8 Receptacles. Receptacles shall be wiped and /or washed with
germicidal solution and liners shall be replaced as needed.
5.1.6.9 Refrigerators and Microwaves. Refrigerators and microwaves shall
be cleaned on both the inside and outside with a germicidal detergent
solution.
5.1.6.10 Restrooms. Cleaning of restrooms requires the removal of trash,
cleaning of floors, fixtures, urinals, toilets, receptacles, faucets,
handles, dispensers, walls, partition stalls, and doors with a
germicidal solution. All glass, chrome, and stainless -steel surfaces
shall be cleaned.
5.1.6.11 Trash and Waste Removal. Trash /waste removal requires the
collection of all materials, which have been placed into appropriate
containers, and taken to a specified site for disposal. North Center
large container outside of building. Community Center taken to
dumpster behind Civic Center at the end of the cleaning period.
5.2 Official City Holidays and Non - Workdays
Contractor shall not perform cleaning services on the following City Holidays:
New Year's Day Martin Luther King Jr. Day Presidents' Day
Easter Sunday Memorial Day Independence Day
Labor Day Columbus Day Veterans Day
Thanksgiving Day Christmas Day
If any of the above non - workdays falls on a Saturday, City offices will be closed the
preceding Friday. For holidays falling on Sunday, excepting Easter, City offices will be
closed the following Monday. If any holiday falls on a day preceding a Friday or follows
a Monday, then the Friday or Monday will also be considered a day for which City offices
are closed.
For Non - Scheduled Emergencies which require closure of Fleet & Facilities, Public
Works, Council Chambers, Chamber of Commerce and that cleaning services will not be
CITY OF SCHERTZ PAGE 13
Vanguard Cleaning Systems Service Agreement
performed, the City will attempt to notify Contractor as soon as possible.
5.3 Property Access
5.4.1 Parking: Contractor shall park in the general area where public parking is
provided for all to use.
5.4.2 Building Access:
Contractor shall enter the buildings in the following manner:
5.4.2.1 Library on the west side of the Complex entering the office /staff area,
5.4.2.2 Fleet & Facilities and Public Works thru the main and side entrances.
5.4.2.3 Council Chambers must be entered thru the main entrance of the
facility. City Staff will open Council Chambers on the days of service.
5.4.2.4 All other buildings thru the main entrance in the front.
5.4 Permitted Work Locations and Times
Cleaning schedules will be determined between City of Schertz and Contractor prior to
contract work beginning. Any changes to the agreed upon schedule must be made in
writing with no less than fourteen (14) days written notice and agreed upon by both
parties.
5.5 Communication
Contractor shall communicate through group email format, which will be provided by
the City. The guidelines for this communication are stated below:
5.5.1 Contractor shall communicate through group email all information related to
the facility and /or the services being provided. Contractor shall have a
maximum time of twenty -four (24) hours from the day of service provided, if a
problem occurs or exists, to notify the City unless otherwise noted in this
contract.
5.5.2 City staff will provide feedback as related to the service of this contract through
the group email provided by the City within a maximum time of twenty -four (24)
hours from day of service provided, if a problem occurs or exists, to notify
Contractor and Facility Services.
5.5.3 Facility Services will be main point of contact with Contractor to provide
feedback and any correspondence with Contractor and/or City staff as it
relates to the terms of this contract.
5.5.4 If for any reason email communication cannot occur, all parties must use any
available means or resource available that can reasonably be accommodated.
5.6 Safety Plan
The following Safety Plan is for the protection of persons and property affected by the
services performed under this agreement:
CITY OF SCHERTZ PAGE 14
Vanguard Cleaning Systems Service Agreement
5.6.1 The Contractor shall create, maintain, and supervise conditions and programs
to facilitate and promote safe execution of the Work, and shall supervise the
Work with the attention and skill required to assure its safe perfol mancc.
Safety provisions shall conform to OSHA requirements and all other federal,
state, county, and local laws, ordinances, codes, and regulations. Where any
of these conditions are in conflict, the more stringent requirement shall be
followed.
5.6.2 The Contractor shall employ methods, safety precautions, and protective
measures that will reasonably prevent damage, injury or loss to:
5.6.2.1 The public, in general; patrons, visitors, and guests and City
employees and
5.6.2.2 Materials and equipment or other property located within or part of
the City facilities.
5.6.3 The Contractor shall promptly notify and remedy of damage and loss to property,
caused in whole or in part by the fault or negligence of the Contractor, or anyone
for whose acts they may be liable as provided below:
5.6.3.1 Non - Emergency - Notifications of any damage or loss of property
should be reported within a twenty -four (24) hour period for any non-
critical item, element, or condition that does not place any potential risk
to personal safety and /or potential damage to property that exists or
occurs during any time of work being performed.
5.6.3.2 Emergency - Contractor shall notify City immediately if any damage or
loss of propel y that places any potential risk to personal safety and /or
propel y exists or occurs during time of work being performed.
5.6.4 The Contractor shall provide the City any and all information related to any and
all necessary Personal Protection Equipment (PPE) provided to their staff: any
and all Safety Data Sheets (SDS) on cleaning materials and /or chemicals used
or to be used in the performance of the scope of services.
5.6.5 The Contractor must maintain safety of operations and provide any other
reasonable safeguards including but not limited to; warnings against hazards as
may be required for safety, any protection during performance of the work, and
shall notify the City and users of any work site conditions that may exist or arise
which may jeopardize their safety.
CITY OF SCHERTZ PAGE 15
Vanguard Cleaning Systems Service Agreement
Exhibit "B"
PRICING SCHEDULE
Building
Library
Days Per Wk
Monthly Rate
$3,221.80
7
Public Works
5
$653.88
Fleet/Facilities
3
$465.00
$1,248.12
City Hall
5
Admin Building
5
$840.56
Council Chambers
3
$465.00
Animal Services
5
$713.95
North Center
3
$490.00
Community Center
3
$551.00
CITY OF SCHERTZ PAGE 16
Vanguard Cleaning Systems Service Agreement
Exhibit "C"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and
maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any
Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the
Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz
accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable
insurance policies as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and
Automobile Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation
and all liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty
(30) days written notice prior to cancellation or non - renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to
read as primary and non - contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above
endorsements cannot be on the certificate of insurance. Separate endorsements must be
provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz
of any material change in the insurance coverage.
7. All liability policies shall contain no cross - liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of
Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B +.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance.
(ACORD 25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract.
Certificates of Insurance shall be prepared and executed by the insurance company or its authorized
agent and shall contain provisions representing and warranting all endorsements and insurance
coverages according to requirements and instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to
the City of Schertz within ten (10) business days after contract award and prior to starting any work by
the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of
any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz,
all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz.
The certificate of insurance and endorsements shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
CITY OF SCHERTZ
Vanguard Cleaning Systems Service Agreement
emailed to: purchasinggschertz.com
Faxed to: 210 - 619 -1169
PAGE 17
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CITY OF SCHERTZ PAGE 18
Vanguard Cleaning Systems Service Agreement
(Instructions for completing and submitting a certificate to the City of Schertz)
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, &
email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance
companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a
rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by
A.M. Best)
E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to
all insurance companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy —
must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted
with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except
for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all
coverages for subrogation waived.
1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required
by written contract and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in
this section of the certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the
insurance policy(ies) must be provided separately and not in this section. The following
endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is
not required for professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non - Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be
provided to the City of Schertz in accordance with a cancellation notice endorsement to the
policy and /or per the policy provisions based on the endorsement adding the city as an additional
insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 19
Vanguard Cleaning Systems Service Agreement
Exhibit "D"
EVIDENCE OF INSURANCE
CITY OF SCHERTZ PAGE 20
Vanguard Cleaning Systems Service Agreement