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SR - AGR-6267.A - 90 DAY CUSTODIAL SERVICES PARKS� OF. AGENDAITEM Octobe 13, 2015 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto City Manager FROM: Marie Knight W AY Kffv- V* Community Servi s i ector Joe DeFrancesco { Public Works D ect ReviewedNerified By: City Manager Finance Director To Be Presented By: Marie Knight Cons Calendar City Mgr Rpts Council Reports Legal Affairs Boards /Cmtes Public Hrgs Admin Reports Plan/Environ 1. SUBJECT Approve an Agreement with Merchants Building Maintenance Company, LLC., for custodial services for a 90 -day period for an amount not to exceed $59,760.36. 2. SUMMARY This Agreement will continue custodial services for a 90 -day period until a Request for Bids can be circulated and a longer term custodial services agreement can be negotiated. 3. RECOMMENDED ACTION 1. Approve the agreement between the City of Orange and Merchants Building Maintenance Company, LLC.; and 2. Authorize the Mayor and City Clerk to execute the necessary documents on behalf of the City. 4. FISCAL IMPACT Funds are available in the following account for Fiscal Year 2015 -2016 (FYI 6) to cover the cost of the Agreement: 100.5028.51422.00000 (Contractual Services) $59,760.36 5. STRATEGIC PLAN GOAL(S) 2d. Be a fiscally healthy community -- effectively manage and develop City assets. ITEM 5.5 10/13/15 6. DISCUSSION and BACKGROUND On July 1, 2015, following a Request for Proposal (RFP) process, a three -year Agreement was executed with Ultimate Maintenance Services, Inc., to provide custodial services for all City facilities, including Park facilities, effective July 1, 2015. During the initial eleven week training and transition period for the new contractor, it was determined that the contractor significantly underbid the portion of the contract related to park facilities, and they were not able to service these facilities to our City health and safety standards. After numerous opportunities given to cure and correct the deficiencies, and increasing complaints by the public and user groups, City staff negotiated with Ultimate Maintenance Services, Inc., to remove services for City Park facilities from the Agreement and to provide for these services on an emergency basis by a different contractor under a separate agreement with the City. On September 21, 2015, a short-term agreement for custodial services at City Park facilities was executed for $29,879.80 for a 45 -day period with Merchants Building Maintenance, LLC (Merchants). Merchants had previously provided custodial services to the City prior to July 1, 2015 under a five year contract. The 45 -day contract period allowed for the provision of custodial services at City Park facilities on an emergency basis until an agreement can be approved by the City Council. Since the amount of the emergency agreement was less than $30,000.00, the City Manager was authorized to execute the agreement on behalf of the City. City staff will prepare an RFP in the coming months for a longer term contract for custodial services at City parks. As the RFP process and execution of a new agreement will likely take 3 -4 months, it is necessary for Merchants to provide custodial services for an additional 90 -day period. This will allow for continuous services to be provided until a new agreement can be approved and executed in early 2016. The term of the 90 -day agreement with Merchants will be from November 5, 2015 through February 2, 2016. The amount stipulated in the Agreement is the same as the 45- day Agreement at $603.64 per day, for a total not to exceed $59,760.36. The Agreement also allows for either party to terminate the Agreement with ten day advance notice. 7. ATTACHMENTS Draft Agreement 2 ITEM 10/13/15