Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MCS/Municipal Contract Solutions LLC - 2021-07-01
AMENDMENT NO.2 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MCS MUNICIPAL CONTRACT SOLUTIONS,LLC FOR MAIN STREET PROMENADE JANITORIAL&STEAM CLEANING/SEALING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"and MCS MUNICIPAL CONTRACT SOLUTIONS,hereinafter referred to as "Consultant." WHEREAS,City and Consultant are parties to that certain agreement,dated July 1, 2021, entitled"Service Agreement Between the City of Huntington Beach and MCS Municipal Contract Solutions for Main Street Promenade Janitorial& Steam Cleaning/Sealing Services"which agreement shall hereinafter be referred to as the "Original Agreement";and • City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Five Thousand Two Hundred Eight Dollars per year($5,208.00). The additional sum shall be added to the original sum of One Hundred Seventeen Thousand One Hundred Ninety Two Dollars per year 24-14115/332124 1 ($117,192.00),for a new contract amount not to exceed One Hundred Twenty Two Thousand Four Hundred Dollars per year(122,400.00). 2. TERM The term of the Agreement is extended for two additional years until June 30,2026. 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on —Z---t,(,` ,2022. 202,1 • ,Dpon .21w MCS MUNICIPAL CONTRACT CITY OF HUNTINGTON BEACH,a SOLUTIONS municipal c$ 'oration of the State of Cali forni41112 By: 7.444( ili . print name Mayor ITS: (circle one)Chairma i''residen ice President 9Minizzattu) AND City Cler 3//3JAR- By: INITIATED AND APPROVED: print name ITS:(circle one)Secretary/Chief Financial C(/( Officer/Asst.Secretary-Treasurer Director of Public Works APPROVED AST RM: Ci Attorney 24-14115/332124 2 Exhibit "B" M C S MUNICIPAL CONTRACT SOLUTIONS January 23,2024 Carlina Thomas Management Analyst Public Work Department City of Huntington Beach Subject: Request for contract price adjustment due to minimum wage increase for the Parks and Parking Structure contracts, and proceed with Promenade Contract extension as of July 1, 2024 Dear Carlina, I am writing to bring to your attention a recent development that has a direct impact on our contractual arrangement. The minimum wage in California has recently undergone an increase, leading to additional operational costs for our company. Upon careful review of our existing contracts, I have identified the need for a contract price adjustment to accommodate the rise in minimum wage. The increase, as mandated by the State of California, is $16.00 per hour effective January 1, 2024. This adjustment has resulted in a direct impact on our operating expenses, particularly in areas directly associated with the services outlined in our Parks and Parking Structure Contracts. To provide clarity on the financial implications, my calculations indicate that a contract price increase of 4.5%would adequately cover the additional expenses incurred by the minimum wage increase as of March lst billing 2024. I understand that any adjustments to our contractual terms require careful consideration. However, I believe that this modest increase is necessary to ensure the continued high-quality delivery of our services as per the terms outlined in our agreement. I am available to provide additional information, address any concerns you may have, and work collaboratively to reach a mutually beneficial resolution. Thank you for your understanding and cooperation in this matter. I value our partnership and look forward to continuing our successful collaboration. Sincerely, John Fallon JOHNFALLON@MUNICIPALCONTRACTSOLUTIONS.COM 2904 BLAISDELL AVE REDONDO BEACH CA 90278 310-922.0499 A`ORJ� DATE(MMIDD(YYYY) CERTIFICATE OF LIABILITY INSURANCE 07r2312024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poticy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER John Forbes Farmers Agency John Forbes 234 S Pacific Coast Hwy#204 PHONE 310-356-0730 FAX 310-356-0731 Redondo Beach CA 90277 (AJC.No.clot (A/C,No): E-MAIL forbes farmersa ent.com ADDRESS:1 g INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Hlscox 10200 INSURED MCS Municipal Contract Solutions LLC INSURER B:Farmers Insurance Exchange 21652 2904 Blaisdell Ave Mid CenturyInsurance Company 21687 Redondo Beach CA 90278 INSURER C: P Y INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOLSUBH POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NO POLICY NUMBER (MM/DOIYYYY) IMMIDDIYYYYI LIMITS ( COMMERCIAL GENERAL LIABILITY t EACH OCCURRENCE 51,000,00DAMA0 TO CLAIMS-MADE n OCCUR PREMISES(EaENTED occurrence) S 100,000 A _ P 100.023.011.8 01/01/2024 01/01/2025 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY S 1,000,000 GENT-AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $2,000,000 ✓ POLICY n PE a n LCC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO 606782341 02/13/2024 02/13/2025 scour INJURY(Pcrpa/son) S B OWNED ✓ SCHEDULED BODILY INJURY(Pot accident) $ AUTOS ONLY -_, AUTOS HIRED NON-OWNED PROPERTY DAMAGE ✓ AUTOS ONLY ✓ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR u u EACH OCCURRENCE EXCESS LIAe CLAIMS-MADE AGGREGATE $ DED n RETENtIONS S WORKERS COMPENSATION ) / I✓ l STATUTE l 1 ERH AND EMPLOYERS'LIABILITY C ,ANYPROPRIETORIPARTNERIEXECUTIVE N A09513147 04/07/2024 04/07/2025 E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED7 Y NIA (Mandatory In NH) E.L.DISEASE.EA EMPLOYEE S 1,000,000 II yes,describe under 1 000 000 bek I DESCRIPTION OP OPERATIONS w rr '''' (( E.L.DISEASE-POLICY LIMIT $ r , l___J L____J CI CI L-ao DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may he allached If more space Is required Certificate Holder as Additional Insured: APPROVED AS TO FORM The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 2000 Main Street Huntington Beach,CA 92648 By: 1VJ MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Huntington Beach,CA 92648 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Forbes ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web software.www.FormsBoss.com;7Impressive Publishing 800.208.1977 (u tr'1rMgt i ?'- ,,.: t t ,n(' ri 1/7(1. AW RE® CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DDITYYY) 02/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER John Forbes Farmers Agency Mir John Forbes 234 S Pacific Coast Hwy#204 PHONE 310.336-0 - FAX"�__-w_._,_....._._..,..L_._....... Redondo Beach CA 90277 _ INC.No.E„U: 730 j INC.Not,310.356-0731 miss;jforbes@farmersagent,com INSDRENBAFFORDINGCOVERAGE. _,_._____..-_.._I 1__,_NA[co __ INSURER A:HISCOX 0200 INSURED MCS Municipal Contract Solutions LLC 1NSURERB_;Fanners Insurance Exchange 21652 2804 B aisde IAve id Century Insurance Company Redondo Beach CA 90278 INSURER Cp M p Y 21687 INSURER D: iNSURERE; ___. INSURER F: . COVERAGES CERTIFICATE.NUMBER: REVISION NUMBER: THiS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LiSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IHSl2i � ADtiL•S118)i 'y p0l:ICYEFi= POLICY LTRI TYPE OF INSURANCE g 1 POLICY NUMBER �(MMIODIYYYY) (MMIDDIYYW)I LIMITS ~-__....._.__._..___. COMMERCIAL GENERAL UABILiTY .CI tACHOCCURRENCE $1,00.0,000 ro .Tm _..__... too o _... __ —R6." l CLAIMS-MADE Q OCCUR PAEtsi�SESIEaoaulrencej--- S..____,OO...__--_- A P100.023.011.8 01/01/2024 01/01/2025 .MEDEXP(Anyooeperson)_ $5�000__._ .... PERSONAL&ADV INJURY s 1,000,000 GEM AGGREGATE LMIT APPLIES PER; GENERAL AGGREGATE. $2,000,000 • POLICY❑JECT LOC PRODUCTS-COMPIOPAGG S OTHER: $ AUTOMOBILE LIABILITY u U I COMBINED SINGLE LIMIT $1,000,000 — ANY AUTO _ 606782341 02/13/2024 02113/2025 BODILYINJURY(Per person) S OWNED SCHEDULED .- a___._..._..-__.__--_.-.__.._ ._ B AUTOS ONLY ✓ AUTOS BODILY INJURY(Per accident) $ • HIRED NON-OWNED PHOPER]YpAMA'E $• '-- - — ✓ AUTOS ONLY ✓ AUTOS ONLY (PB(amae�1)}_....,___.,._.___ $ UMBRELLA LIAB _ OCCUR EI'K2 1 II I EAACHOCCURR S • EXCESS UAB__ _CLAIMS-MADE AGGREGATE $ • • • DED RETENTIONS ^^' ( S • • WORKERS COMPENSATION !,/!I I u DA. E u V C AND EMPLOYERS'LIABILITY YIN. - , • ANYPROARIETORIPARTNERIEXECUTIVE N!A A09513147 04/07/2023 04/0712024 E.L.EACH ACCIDENT $1r{i00r000W� IOFFICERIMEMBEREXCLUDED? _� ��. 00.0 000+_�•4_- (MandatorylnNH) E.L.DISEASE-EA EMPLOYEE $_r_ _r _ _ o yes desalt under 1 000 0 DESCRIPTION OF OPERATIONS below � � I E.I-DISEASE-POLICY LIMIT $ r , 00 UL_J CIEJ DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate Holder as Additional Insured: The City of Huntington Beach,its officers.elected or appointed officials,employees,agents and Volunteers 200Q Main Street Huntington Beach,CA 92648 • APPROVED AS TO FORM AY: MICHCERTIFICATE HOLDER CANCELLATION CITY AL C.GATCS City of Huntington Beach r� CITY I ,IKI IAICY 2000 Main.St SHOULD ANY DF THE ABOVE DES 1RYB i�C1�ES BE CANC2ZLEtTBEFORE Huntington Beach,CA 92648 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Forbes @ 1968 2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Produced uaing Forms Boss Wob software.www.FormsBoss,com:?Impressive Publishing$00-208.1977 ntR HISCOX Hiscox Insurance Company Inc. Policy Number: P100.023.011.8 Named Insured: MCS Municipal Contract Solutions LLC Endorsement Number: 23 Endorsement Effective: 01/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) The City of Huntington Beach, its officers,elected or appointed officials, employees,agents and vol- unteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zation(s)shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties,Inc.,2004 Page 1 of 1 HISCOX Hiscox Insurance Company Inc. Policy Number: P100.023.011.8 Named Insured: MCS Municipal Contract Solutions LLC Endorsement Number: 19 Endorsement Effective: 01/01/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy;and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW(03/16) Includes copyrighted material of Page 1 of 1 Insurance Services Office,Inc.,with its permission AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MCS MUNICIPAL CONTRACT SOLUTIONS, LLC FOR MAIN STREET PROMENADE JANITORIAL&STEAM CLEANING/SEALING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"and MCS MUNICIPAL CONTRACT SOLUTIONS,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement,dated July 1,2Q21, entitled"Service Agreement Between the City of Huntington Beach and MCS Municipal Contract Solutions for Main Street Promenade Janitorial& Steam Cleaning/Sealing Services"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL SCOPE OF,WORK In consideration of the services to be performed under the Original Agreement as specified in Exhibit A. City and Consultant further agree to amend Exhibit A-Scope of Work to include daily painting of 8 restrooms to remove vulgar graffiti. 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to 22-12233/297268 1 pay Consultant an additional sum not to exceed Twenty Four Thousand Nine Hundred Dollars per year($24,900.00). The additional sum shall be added to the original sum of Ninety Two Thousand Two Hundred Ninety Two Dollars per year($92,292.00), for a new contract amount not to exceed One Hundred Seventeen Thousand One Hundred Ninety Two Dollars per year(117,192.00). 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers onDeL "--- A�, ,2022. MCS MUNICIPAL CONTRACT CITY OF HUNTINGTON BEACH,a SOLUTIO S municipal corporation of the State of California By: — ,i AL4 _ I 441 print name w „/" Mayor ITS: (circle one)Chairma esiden ice President riot, 9,6t4,24,1414) AND City Clerk 1/2712 By: INITIATED AND APPRO i print name / ITS: (circle one)Secretary/Chief Financial / 441 Officer/Asst.Secretary Treasurer Director of Public Works APPROVED AS FORM: Ci Attorney !1k 22-12233/297268 2 1 DATE et: RD MIDDIYYYY) A CERTIFICATE OF LIABILITY INSURANCE D ATE(M 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER John Forbes Farmers Agency CONTACT John Forbes 234 S Pacific Coast Hwy 8204 P H 310-356-0730 FAX 310-356.0731 Redondo Beach CA 90277 AJC.No.Ex1}: /4MAIL jtorbes@farmersagent.com @farmersaen_.._..._..____�t.00rT1 ......._._...________..____..._...__......._.»_..—.._-- INSURER(S)AFFORDING COVERAGE NAIC H INSURER A.:HIscox 10200 INSURED MCS Municipal Contract Solutions LLC INSURER s:Farmers Insurance Exchange 2i882 2904 Blaisdell Ave Mid CenturyInsurance Company 21687 Redondo Beach CA 90278 INSURER C: p Y INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL I TYPE OF INSURANCE ADDLISUOR POLICY EFF POLICY EXP I �HSD�WV POLICY NUMBER 1Mht1DDIYYYY} IMM/DDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY I✓ I EACH OCCURRENCE $1,000,000 ICLAIMS-MADE E OCCUR L-J DAMAGE TO RENTED 100 000 PREMISES(Ea aanonce) $ r A _ P100.023.011.7 01101)2023 01/0112024 MED EXP(Any ono person) $5,000 PERSONAL&ADV!Kurt $1,000,000 GENT AGGREGATE LIMIT APPLIES PER OENERRAL AGGREGATE S 2,000,000 ✓ POLICY DsIt LOC PRODUCES-COMP1Oh AGO $ OTHER: $ AUTOMOBILELIADILITY UU COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO 606782341 02/1312023 02/1312024 BODILY INJURY(Per parson) $ — OWNED SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY(Par acddon,) $ HIRED NON OWNED PROPERTY DAMAGE ✓ AUTOS ONLY v AUTOS ONLY (Per accident) $ UMBRELLA LIAO OCCUR U U EACH OCCURRENCE $ EXCESS LIAO CLAIMS-MADE AGGREGATE $ DED 1i RETENTIONS- T $ WORKERS COMPENSATION u ScATUTE U H. C AND EMPLOYERS'LIABILITY 1 r 1 ANYPROPRIETORIPARTNERIEXECUTIVE YEN A09513147 04107/2022 04/0712023 EL EACH ACCIDENT $1.000,000 OFFICERIMEMSEREXCLUDED? I T I NIA (Mandatory In NH) E.L.DISEASE-FA EMPLOYEE. $1,000,000 U yes describe under _ 1r 000,000 DESCRIPTION OF OPr=RMIONS below E.L.DISEASE-POLICY LIMIT $ UU DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Addltlonal Remarks Schodute,may be attached If more apace Is required) Certificate Holder as Additional Insured: The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 2000 Main Street APPROVED AS TO FORM Huntington Beach,CA 92848 PY MICHAEL E. ATES''' CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH City of Huntington Beach 2000 Main St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Huntington Beach,CA 92648 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Forbes 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Bose Web software.www.FormsBoas.com;?ImpressIvo PubllehIng 800.200.1977 'it HI SCOX. Hiscox Insurance Company Inc. Policy Number: P100.023.011.7 Named Insured: MCS Municipal Contract Solutions LLC Endorsement Number: 23 Endorsement Effective: 01/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) The City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s)or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 etA HI SCOX Hiscox Insurance Company Inc. Policy Number: P100.023.011.7 Named Insured: MCS Municipal Contract Solutions LLC Endorsement Number: 19 Endorsement Effective: 01/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW(03/16) Includes copyrighted material of Page 1 of 1 Insurance Services Office, Inc.,with its permission SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MCS/MUNICIPAL CONTRACT SOLUTIONS LLC FOR MAIN STREET PROMENADE JANITORIAL & STEAM CLEANING /SEALING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and MCS /Municipal Conti-act Solutions,a California Domestic Limited Liability Company, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of janitorial,day porter,paver steam cleaning and sealing services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW,THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A" which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project/Service." Contractor hereby designates John Fallon who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. Pagc I of 10 2021 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the hourly, daily, monthly, annual steam cleaning, sealing, and day porter rates and charges identified in Exhibit "A." The total sum to be expended under this Agreement, shall not exceed $276,876.00, and not exceed$92,292.00 annually during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. Term Time is of the essence regarding the Project/Service and execution of this Agreement. The services of Contractor are to commence July 1, 2021 or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate June 30, 2024, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for two (2) additional one year periods if mutually agreed to in writing by both parties. All tasks specified in Exhibit "A" shall be completed at the frequency, time and schedule indicated in Exhibit "A". The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. i 5. Extra Work In the event City requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. i 2021 Page 2 of 10 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. $. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability I insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall famish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall he deemed excess coverage and that Contractor's insurance shall be primary. Page 3 of 10 2021 Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected and/or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor sliall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a, provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. j 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and ell payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for ' Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. I j i I Page 4 of 10 2021 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial Page 5 of 10 2G11 interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section l hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach MCS /Municipal Contract Solutions Attn: Denny Bacon, Operations Manager Attn: John Fallon 2000 Main Street 2904 Blaisdell Avenue Huntington Beach, CA 92648 Redondo Beach, CA 90278 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings j The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. i 22. Interpretation of this Agreement The language of all pacts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or i plural number shall be deemed to include the other whenever the context so indicates or requires. 2021 Pagc 6 of 10 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the I furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. j 27. Discrimination jContractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and egulations.r 1 ' Pngc 7 of 10 2021 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the Slate of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing party. 31. Survival j Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. t 1 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. EntiretV j (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also Page 8 of 10 2021 acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: MCS/ MUNICIPAL CONTRACT CITY OF HUNTINGTON BEACH, a SOLUTIONS municipal corporation of the State of California By: INITIATED AND Al' John Fallon ,mint name ITS: (circle one)Chairman/President/V ice President AND Direc or of Public Works By: APPROVED AS TO FORM: pnnt name ITS: (circle one)Secretary/Vice-President/Chief ��r-�. Financial Officer/Asst.Secretary-Treasurer amity Attorney tRVI WED AN APED: City Manager RECEIVED: Q City Clerk Page 9 of 10 2021 COUNTERPART acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Manager. This Agreement shall expire when terminated as provided herein. CONTRACTOR: MCS/ MUNICIPAL CONTRACT CITY OF 14UNfFNGTON BEACH, a SOLUTIO municipal corporation of the State of California By: INITIATED AND APPROVED: John Fallon pent name ITS: (circle one)Chairma iden ice President AND Director of Public Works By: APPROVED AS TO FORM: print name ^ ^ r ITS:(circle ono)SecrelaryNice-Piesident/Chief Financial ORcer/AW.Sccretary-Treasurer 111 T4ity Attorney REVIEWED AND APPROVED: City Manager RECEIVED City Clerk Page 9 of 10 2021 COUNTERPART EXHIBIT A Attachments 1. MCS/MUNICIPAL CONTRACT SOLUTIONS: A. Fee Proposal 2. City of Huntington Beach, Request for Quote, Beach Restroom Janitorial Services &Day Potter for Main Parking Promenade Structure. I f I I i I I I i i i Ii Pop 10 of 10 2021 f FXNIBiT �} ' MC. MUNICIPAL CONTRACT SOLUTIONS Proposal—Beach Restrooms Janitorial Service & Day Porter for Main Street Promenade Fee Proposal: Annual steam cleaning and sealing of Pier Plaza pavers. Annual Cost: $0.No Charge As needed monthly pressure washing services: Hourly Rate: $20.00 Main Promenade Parking Structure Day Pater: Rid for day porter Monthly $7,291 Hourly Rate: $20.00 Total Annual: $87,492 i I I JOHNFALLON@MUNICIPALCONTRACTSOLUTIONS.COM 2203 VOORHEEs AVE. REDONDO BEACH CA 90278 310-922-0499 i REQUEST FOR QUOTE FOR Beach Restroom Janitorial Services & Day Porter for Main j Parking Promenade Structure I REVISED SCOPE Public Works CITY OF HUNTINGTON BEACH 2021 I i i I i I Beach Restroom Janitorial Services SERVICES REQUEST FOR QUOTE (RFQ) The City of Huntington Beach is requesting proposals from qualified firms to provide custodial cleaning and support services for our city beach restrooms locations. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFQ Tuesday,February 9, 2021 Mandatory Job Walk Wednesday, February 17, 9am Deadline for Written Questions Friday, February 19 by 4pm Responses to Questions Posted on Web Wednesday, February 24 Proposals are Due Thursday, March 4 by 4pm Approval of Contract March/Apri12021 1. SPECIFICATIONS AND SERVICE PERFORMANCE STANDARDS Restroom cleaning schedule from NOVEM 3FR 1 through MAY 31: Limited stalls open front sides of main beach reslroonts and half of north side restrooms: i Monday -Thursday: Restrooms cleaned twice per day. Ist truck begins at 1 lam and works from Beach Blvd North. i 2nd truck begins at I pm and works from Beach Blvd North,both treks end at restroom 15 and then go back to Beach Blvd and start the run over. Friday-Sunday: The same as mid week with the following exception. 1) 1 extra truck beginning at 1 I am that concentrates on the restrooms north of the pier only. Restroom cleaning schedule from JONE 1 through OCCOBh:R 31: I i All stalls open(122) 7 days a week: Contractor,four trucks. 1 st truck begins at 5am on the pier dumping pier and pier plaza trash cans.Then proceeds north i on the bike path dumping trash cans on upper path from the pier to Restroom 15.Leaves restroom 15 and proceeds to Huntington Harbor where it services the restrooms and trash cans at 4 ' Huntington Harbor beaches and empties the trash cans.This truck ends its day by coming back and spot checking beach restrooms north of the pier if time allows. ! 2nd truck-works from 11 am-7pm. Begins at Beach Blvd and works north to Restroom 15.Then ! starts the cycle over. 3rd truck-Works froin 1pm-9pm. Runs the same route and schedule as truck two. 4th buck-works from i pm -9pm. Runs the pier Plaza triangle(Beach services center,Pier and 'Lacks Pier Plaza restrooms),north side,and handles any issues that arise. Friday-Sunday: The same as mid-week with the following exception. 1) 1 extra truck beginning at t 1 am that concentrates on the restrooms north of the pier only. Restroom cleaning procedure: Daily: I) Scrub and clean toilets,urinals, floors,walls,doors,sinks,partitions,push buttons,and dispensers.Fixtures shall be clean of graffiti and stains. 2) Floors shall not have standing water and shall be squeegeed or swept after washing to remove standing water.A germicidal detergent shall be used for cleaning. Water shall be washed into the chase rooms where applicable not onto the restroom apron or bike path. 3) Pick up light litter/paper from inside and outside the restroom building. 4) Check for proper operation of flush valves and refill paper products. 5) Restroom aprons shall be swept once per day in the afternoon between 3pm and 6pm. 6) Wipe down each drinking fountain(10) 7) Keep chase rooms clean and free of trash and debris. 8) Portable reslrooms and to be wiped down and swept out with litter picked up. Main Promenade Downtown Parking Structure: Daily porter service for eight(8)restrooms,7 days per week from the hours of I I am—6pm. Day porter must remain in the parking structure their entire shift and may not be used to cover other areas without specific written authorization from City staff. I Restroom must be maintained to the fellowingstandards: Maintained in sanitary condition,at all times.The following items must be cleaned,disinfected and checked for proper operation 2 times a day and spot checked for cleanliness every 2 hours from I Iam until 6pm 7 days a week Pressure washed twice daily(approx. 11:00 am and 5:30pm) Toilet-sanitized and seat checked for safety Floor/Wall/Ceiling surfaces—sanitized,graffiti removed Flushing mechanism—checked for proper operation Hand Dryer—cleaned and checked for proper operation Sink—cleaned and checked for proper operation j Door—cleaned inside and out and checked for proper operation Toilet paper and seat coverings should be stocked. I The City will provide all paper products. Contractor is responsible for all cleaning products including but not limited to:sanitizers,disinfectants,cleansers,Graffiti remover,mops,buckets, hoses,brushes and any tools necessary to facilitate cleaning. Annual steam cleaning and sealing of the Pier Plaza pavers. Contractor to use boundaries defined as back of curbing on PCH to head of pier and from Dukes turn around to the start of the 6'a street lot. i 1 Contractor must have be able to pressure wash for extreme conditions that may arise during I heavy use periods such as weekends and holidays. Paper products and supplies: The contractor shall provide all equipment and supplies; detergents, mops, brooms,brushes, hoses,cleaning products and disinfectants required to perform the duties listed above. All i cleaning products shall be nontoxic, biodegradable and germicidal. Paper products are supplied by the city and stocked in the restroom chases by city staff each night. The quality of all cleaning supplies is subject to approval by the City. General requirements: 1) Employees shall wear uniform furnished by the contractor and bearing the company name at all times while servicing city site.Uniform shall be clean,neat,and free from rips and tears. 2) Contractors vehicles shall be of uniformed fleet type vehicles clearly marked at all times and include a separate sign indicating they are under contract with the City of Huntington Beach. 3) Contractor shall use due care to protect city buildings, fixtures, landscaping and improvements from damage by its operations. All damage shall be repaired or replaced at the option of the City, at the contractor's expense within a reasonable time after the notification of damage. 4) Discharge of detergent and/or wash water to the storm water drainage system from cleaning or hosing impervious surfaces is prohibited.Contractor is responsible to ensure that all cleaning fluids are discharged to the sanitary sewer system. 5) Contractor shall post a sign at the entrance to the restroom indicating the restroom is temporarily closed for cleaning. 6) Contractor shall immediately inform City staff of any problems or damage to the restrooms or facilities they observe. The City reserves the right to add or delete services on an as needed basis,dependent on visitor loads and special event needs. 2. PROCESS FOR SUBMITTING PROPOSALS ♦ References/Qualifies lions Provide at least three local references that received similar set-vices from your firm.The customers should be receiving services similar in scope.The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦Client Name ♦Project Description ♦Project start and end dates ♦Client project manager name,telephone number,and e-mail address ♦ Fee Proposal 0 122 Stalls cleaned 3 times per day.Restrooms must be cleaned from I I am—9pm 7 days per week including holidays. • Monthly rate November I —May 31 • Monthly rate June I —October 31 Annual rate o As needed services for special events or heavy visitor loads: • Hourly rate Daily rate o Main Promenade Parking Structure day porter: • Bid for day porter (11am—6pm,7 days) Hourly rate for special events or additional day porter services o Annual steam cleaning and sealing of Pier Plaza pavers • Annual cost o As needed monthly pressure washing services: Hourly rate ♦ Submission of Proposals Complete written proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 4:00 p.m. (P.S.7) Thursday, March 4, 2021. Proposals will not be accepted after this deadline. Faxed or a-mailed proposals will not be accepted. • Inquiries Questions about this RFQ must be directed online through Planeillids: Questions due by 4pm Friday,February 19,2021 From the date that this RFQ is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFQ, except during the pre-proposal conference. Refer to the Schedule of Events of this RFQ or the City webpage to determine j if a pre-proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. ♦ Conditions for Proposal Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFQ, to negotiate with any qualified source,or to cancel this RFQ in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information ,is contained in the proposal, it should be clearly identified. i 3. );VALUATION CRITERIA The City's consultant evaluation and selection process is based upon Qualifications Based jSelection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance: A. Compliance with RFQ requirements B. Understanding of the project C. References & recent experience in conducting similar scope, complexity, and magnitude for other public agencies. D. Price i E. References The City may also contact and evaluate the bidder's and subcontractor's references; contact any bidder to clarify any response;contact any current users of a bidder's services;solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deened pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal,but shall make an award in the best interests of the City. 4. Term • The City of Huntington Beach is requesting service for the period of three (3)years with the option to renew on a year by year basis for a maximum of two (2) additional one year (I-year)periods. After RFQ's have been reviewed,discussions with prospective firms may or may not be required. If scheduled,the oral interview will be a question/answer format for the purpose of clarifying the intent of any portions of the quote. The individual from your firm that will be directly responsible for carrying out the contract, if awarded,should be present at the oral interview. STANDARD TERMS AND CONDITIONS I ♦ Amendments The City reserves the right to amend this RFQ prior to the proposal due date. All amendments and additional information will be. posted to the Huntington Beach I Procurement Registry, Huntington Beach - Official City Web Site - Business- Bids & RFP's; bidders should check this web page daily for new information. i j ♦ Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. ♦ Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. . These discussions are to be finalized and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Exhibit B for a sample agreement. ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. ♦ Financial Information The City is concerned about bidders' financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm's financial capabilities. ♦ Insurance Requirements City Resolution 2008-63 requires that licensees, lessees,and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Documents Section of PlanetBids. Failure to furnish i the required certificates within the time allowed will result in forfeiture of the Proposal Security. Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Quote. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Quote must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Quote. ACC) CERTIFICATE OF LIABILITY INSURANCE DATF IMM OD YYYY s114/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER John Forbes Farmers Agencyy CONTACT CT John Forbes 234 S Pacific Coast Hvvryry#204 PHONE 310-356.0730 FAx 310-356-0731 Redondo Beach CA 90277 No,, A MN, forbes@farmersa entcom INSURERS)AFFORDING COVERAOE NAIC0 INSURER A:HISCox 10200 INSURED MCS Municipal Contract Solutions LLC INSURER B:Farmers Insurance Exchange 21652 2904 Blaisdell Ave Mld Century Insurance Company 21807 Redondo Beach CA 90278 INSURERC: TY P Y INSURER O: INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INERT LIR TYPE OPINSURANCE ADOLI9UBH POLILYNUMBER POLICYET ;OLIOYEXP LIMITS COMMERCTALGENERALLIASIUTY ✓ EACH OCCURRENCE $1,000,000 CLAIMS-MADE ✓❑OCCUR DAMAOETORENTED 100,000 PREMISES(Ea ocananu) f A UDC-1877979-CGL-21 3110112021 0110112022 MEDErPIAnyono ereon) $5,000 PERSONA-&ADVINIURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2.000,000 ✓ POLICY❑PEQ LOG PRODUCTS-CGVPIOP AGO $ OTHER: 11 AUTOMOBILE LIABILITY I (E1 er>i"drtOT) $1,000,00D ANY AUTO 606782341 2/1312021 0211312022 SODILY Dr.m"tPor person) $ B OWNED ✓ SCHEDULED BODILY UUURy Pm SociknO S AUTOS ONLY AUTOS HIRED NOI+OWNED PROPERTYDAMAGE ✓ AUTOS ONLY ✓ AUTOS ONLY (Per acHdern) $ '-Jr - $ UMBRELLALIAB OCCUR EAGIOCCURRENCE $ EXCESS LIAR CLAIM&NFDE AGGREGATE $ MO FiRETENIIONS 3 WORKERS COMPENSATION PER 1- AND EMPLOYERS'LIABILITY STATUTE ER C ANYPROPRIETOFVPARTNER'FJ(ECUTNE YIN b09488642 0810112020 08/01/2021 rELEACH ACCIDENT $1,000,000 NIA (Mandabry In NH) DISEASE.I;q EMPLOYE 51,000,000 yyeesdaxtaeOr*zT OOFOPERA71ONSbei. DISEASE-POLICY LIMIT $1,000.000 Uf7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remub Schedule,maybe 911sc MG N mmn apace la ra Tube APPROVED A$TO FORM Certificate Holder as Additional Insured: The City of Huntington Beach,Ito officera,elected or appointed Officials,employees,agents and volunteers 2000 Main Street Huntington Beach,CA 92648 gy; MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION Cl?of Huntington Boach 2000 Main St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Huntington Beach,CA 92648 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Forbes I (D1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Produced usIng Forma Bose Web salt ore.w ,FeameBeosxom;7 bnp/seslve Pubtiching ON-208-0971 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1877979-CGL-21 Named Insured: MCS Endorsement Number: 18 Endorsement Effective: January 1, 2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) The City of Huntington Beach, its officers,elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach,CA 92648 Information required to complete this Schedule if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations, or B. In connection with your premises owned by or rented to you. i CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 �1ot+ H I SCOX Hiscox Insurance Company Inc. i Policy Number: UDC-1877979-CGL-21 Named Insured: MCS Municipal Contract Solutions LLC Endorsement Number: 23 Endorsement Effective:June 3,2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 OW(03/16) Includes copyrighted material of Page 1 of 1 Insurance Services Office, Inc., with its permission