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HomeMy WebLinkAboutContract 54363 54363 City Secretary Contract No. FORT WORTH, "1141 VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation and American Facility Services,Inc. ("Vendor"),a janitorial services and supplies corporation, each individually referred to as a"party"and collectively referred to as the"parties." WHEREAS, City, through its Property Management Department contracts for janitorial and cleaning services for City facilities; and WHEREAS,through Invitation to Bid(ITB)No.20-0088 the City solicited bids to award a service agreement to a bidder for janitorial and cleaning services for City facilities on an as-needed basis with a total not-to-exceed amount of up to$5,000,000 per year; WHEREAS, based on the evaluation factors included in the ITB, the evaluation committee determined that American Facility Services had scored the highest and would provide the best value to the City; and WHEREAS, American Facility Services' submitted hourly rate of $10.74 was also the lowest among all of the bidders; and WHEREAS, City and Vendor wish to set out the terms of Vendor's non-exclusive janitorial and cleaning services. NOW,THEREFORE,in consideration of the covenants and agreements contained in this Agreement, City and Vendor hereby agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; and 4. Exhibit C—Verification of Signature Authority Form. Exhibits A,B and C,which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY American Facility Services,Inc. FT.WORTH, TX Pagel of 32 City Secretary Contract No. 54363 1. Scope of Services. Vendor shall provide all necessary labor, equipment and supplies to provide superior janitorial services, such as but not limited to sweeping, mopping, vacuuming, dusting, disinfecting, scrubbing, emptying trash/recycling receptacles, and major floor maintenance. Exhibit"A,"- Scope of Services more specifically describes the services to be provided hereunder. 2. Term. This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on August 4, 2021 ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). City shall have the option,in its sole discretion,to renew this Agreement under the same terms and conditions, for up to four,(1)one-year renewal options. 3. Compensation. City shall pay Vendor, on an as-needed basis, an amount not to exceed Five Million Dollars ($5,000,000.00)per year in accordance with the provisions of this Agreement and Exhibit`B,"Payment Schedule,which is attached hereto and incorporated herein for all purposes. Vendor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. City agrees to pay all invoices of Vendor within thirty(30)days of receipt of such invoice. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information.Vendor,for itself and its officers,agents and employees, agrees that it shall treat all information provided to it by City("City Information") as confidential Vendor Services Agreement American Facility Services,Inc. Page 2 of 32 City Secretary Contract No. 54363 and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this contract, or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. Independent Contractor. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees,Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. 8. Liability and Indemnification. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT Vendor Services Agreement American Facility Services,Inc. Page 3 of 32 City Secretary Contract No. 54363 ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement,it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,Vendor shall, at its own expense and as City's sole remedy, either: (a)procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Vendor Services Agreement American Facility Services,Inc. Page 4 of 32 City Secretary Contract No. 54363 9. Assignment and Subcontracting. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit Vendor Services Agreement American Facility Services,Inc. Page 5 of 32 City Secretary Contract No. 54363 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance shall be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances,Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the Vendor Services Agreement American Facility Services,Inc. Page 6 of 32 City Secretary Contract No. 54363 transmission, or(3)received by the other party by United States Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth American Facility Services, Inc. Attn: Assistant City Manager for IT Harold Angel,Vice President 200 Texas Street 1325 Union hill Industrial Court, Ste. A Fort Worth,TX 76102-6314 Alpharetta,GA 30004 Facsimile: (817)392-8654 Facsimile: (770)475-7720 With copy to Fort Worth City Attorney's Office at same address 14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law/Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. Force Maieure. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. Vendor Services Agreement American Facility Services,Inc. Page 7 of 32 City Secretary Contract No. 54363 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B, and C. 22. Amendments /Modifications /Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall,for all purposes,be deemed an original,but all such counterparts shall together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(1-9). Upon request by City,Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,and all copies thereof, and in and to the copyright,patent,trademark,trade secret, Vendor Services Agreement American Facility Services,Inc. Page 8 of 32 City Secretary Contract No. 54363 and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 28. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C".Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Company Name or Ownership. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (signature page follows) Vendor Services Agreement American Facility Services,Inc. Page 9 of 32 54363 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person Dana Burghdoff Digitally signed by DanaBurghdo8 responsible for the monitoring and administration of Data:2020.08.2718:4857-OS'00' this contract,including ensuring all performance and By.Name: Dana Burghdoff reporting requirements. Title: Assistant City Manager Aug 27° 2020 -A� 5��2 Date: 2020 By: ae°5h°.or(ftgu.x3°1°:11 CST) Name: Alan Shuror APPROVAL RECOMMENDED: Title: Sr. Admin Services Manager Steve Coolie APPROVED AS TO FORM AND LEGALITY: By: Steve Cooke(Aug n.30=0e:36 CDT) Name: Steve Cooke 44A41.-'_!L4 � By: Title: Property Management Director Mx M-y(Aug 27.2e2e 08:18C 4n'DnQ a Name: Matt Murray A,04�o F °°°°°ATTEST: o° °� 'p 100 Title: Assistant City Attorney _o Pvo 0 ap o° o* CONTRACT AUTHORIZATION: �C�U a a r M&C: 20-0482 08/11/20 Name: Mary Kayser pa ° a" �uuuav 0,0000 oo 1295 Certificate No.2020-630317 Na Title: City Secretary VENDOR: American Facility Services,Inc. By: Name: Harold Angel Title: Vice President Date: August 24 ,2020 OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY American Facility Services,Inc. Page 10 of 32 FT.WORTH, TX 54363 EXHIBIT A SCOPE OF SERVICES 1.0 DEFINITIONS 1.1 Whenever used the following definitions shall apply. All terms not defined shall be held to mean their current and typical meaning as found in Webster's Collegiate Dictionary as published by Merriam-Webster Inc.,Publishers, Springfield,Massachusetts, or by its use within the scope of this document and the typical usage in the janitorial services trade. 1.1.1 Acceptable Quality Level: The level of service,which must be maintained by the Vendor. If an acceptable quality level of service is not maintained then damages may be assessed by City. 1.1.2 City: Shall mean City of Fort Worth. 1.1.3 Contract Administrator: An authorized City employee(s)designated to oversee contract compliance. 1.I AVendor: The entity whose bid is accepted and who enters into contractwith the City. 1.1.5 Coordinator: One or more individuals designated by the Contract Administrator to monitor and inspect the performance of the work during thecontract. 1.1.6 Owner: The City of Fort Worth. 1.1.7Supplier: Any individual,partnership or corporation supplying the Vendor with chemicals,tools, equipment, supplies, or services used directly or indirectly by the Vendor in the performance of the work. 1.1.8Job Manager/Supervisor(minimum of three years of experience overseeing janitorial crews): Shall have the authority to act for the Vendor at all times to carry out the specifications/provisions of this contract.Must be knowledgeable and well versed in all aspects of the contract and specifications. Shall personally inspect the performance of the cleaning crew in all areas to assure that uniform first class workmanship is continually maintained. 2.0 DEFINITION OF TERMS AND STANDARDS 2.1 Dusting: A properly dusted surface is free of all dirt and dust, dust streaks, lint and cobwebs. 2.2 Plumbing Fixture and Dispenser Cleaning: Plumbing fixtures and dispensers are cleaned when free of all deposits and stains so that item is without dust streaks, film, odor and stain. 2.3 Sweeping: A properly swept or dust mopped floor is free of all dirt,grit,lint,and debris, except embedded dirt and grit. 2.4 Cleaning and finishing(Waxed)Floors: A satisfactorily cleaned and finished(waxed)floor is without dirt and dust, marks, film, streaks, debris and standing water. 2.5 Appearance of Floor Requiring Application of Floor Finish(Wax): All areas requiring a floor finish shall be maintained in a manner and by methods providing for gloss like appearance, removal of surface dirt and shall have a uniformappearance. 2.6 Removal of Floor Finish Material: Removal of floor finish material is accomplished when surfaces have all finish(wax)removed down to the flooring material; floors left free of dust, stains, deposits, debris, cleaning solution, and standing water and the floor has uniform appearance when dry. Plain water rinse and pickup must follow finish removal operation immediately. 2.7 Carpeted Floors: A satisfactorily vacuumed carpet or floor shall be free of all dirt, staples, dust, grit and lint. All spots or stains shall be promptly removed by spot cleaning methods. Vendor Services Agreement American Facility Services,Inc. Page 11 of 47 City Secretary Contract No. 54363 Carpeted areas will be thoroughly vacuumed with a machine that has adequate suction to lift the dirt and residue from the base of the rug nap(5.0 amps or greater). 2.7.1All spots will be removed immediately with an approved rug cleaning solution in such a manner as to not leave rings or discoloration. Carpet shampooing solution should be used that will not stain or discolor the carpet,nor produce shrinking and must be environmentally safe and nontoxic. 2.8 Glass: Glass is clean when all accessible glass surfaces are without streaks, film, deposits, and stains, and has a uniformly bright appearance and adjacent surfaceshave been wiped clean. 2.9 High Dusting:High dusting is meant to include exposed pipes,walls,furniture,and other items not normally included in regular cleaning procedures, including but not limited to all areas above six(6)feet. 2.10 Wastebaskets: Wastebaskets will be considered properly cleaned when theyare emptied, wiped or washed as needed and plastic liners replaced. 2.11 Ash Trays and Urns: Ashtrays and urns will be considered cleaned when emptiedand wiped with a chemically treated or damp cloth. 2.12 Furniture and Composition Desk Top Cleaning: Furniture and desk tops will be considered properly cleaned when the surface is without dirt and dust marks, film,and when a properly applied finish has been restored to the furniture. 2.13 Cleaning Entryway Plate Glass: Involves cleaning all plate glass, inside andoutside that is within a defined boundary of the entrance door. 2.14 Removal of debris from Entrances and Building Perimeter: Pickup and dispose of all trash and pigeon debris within 25 feet of the main entrance/exit and within 15 feet of the building perimeter. 3.0 DEFINITION OF TASK PERFORMANCE STANDARDS 3.1 Sweeping: Sweeping is defined as the removal of loose dirt, dust, debris and other foreign material through either manual or mechanized methods, as appropriate for the location and situation. 3.1.1 Standard: When properly completed, a swept area will be free of all loose dirt,dust, debris or other foreign material with no build up in corners, crevices, under or around furniture parts. All items moved to remove dirt will be returned to their original location. 3.2 Wet Mopping: Wet mopping is defined as the removal of built up dirt, soil, liquids or other foreign materials from a floor using a cotton or similar yarn type mop and sufficient neutral detergent and water solution or neutral disinfecting detergent and water solution. This will include rinsing if required or recommended by the detergent manufacturer. 3.2.1 Standard: When properly completed a wet mopped floor will be free of all dirt, debris soil, liquids or other foreign material. It will present a uniform appearance free of streaks smudges, heel-marks or any other marks that can be reasonably removed through this cleaning method. All splash marks/spots on walls and furniture/fixtures must be removed or the proper completion of the wet mopping task. All items moved to accomplish this task will be returned to their original positions. 3.3 Machine Scrubbing: Machine scrubbing is defined as the use of a mechanized scrubbing/vacuum machine to accomplish the same result as wet mopping for large areas such as halls, lobbies, auditoriums or similar large areas which would otherwise require extensive labor requirements to complete in a reasonable time period. 3.3.1 Standard: When properly completed machine scrubbing will be held to the same quality standard as wet mopping. Vendor Services Agreement American Facility Services,Inc. Page 12 of 32 City Secretary Contract No. 54363 3.4 Damp Mopping: Damp mopping is defined as the use of a cotton or similar yarn type mop which has been mechanically wrung/squeezed to remove excess solution for purpose of removing light soil, dirt, liquid or other foreign material from a floor which does not require the complete mopping of the area or the area is not soiled sufficiently to require wet mopping. 3.4.1 Standard: When properly completed damp mopping will be held to the same quality standard as wet mopping. 3.5 Spot Cleaning: Spot cleaning is defined as the removal of dirt, soil, debris, liquids, stains or other foreign materials from floors,wall, furniture, fixtures or other areas which can be accomplished by cleaning only the immediately affected area where the requirement of cleaning the whole area would not be necessary. Spot cleaning may be accomplished by any of the methods contained herein and as dictated by the circumstances of the soiling. 3.5.1 Standard: When properly completed, spot cleaning will remove completely any evidence of the soiling which necessitated the cleaning, and return the finish of the item/area affected to its pre-soiled condition without evidence of occurrence or cleaning. 3.6 Stripping: Stripping is defined as the complete(as is practicable)removal of the wax/finish applied to non-carpeted floor. Stripping may be accomplished by either manual or mechanized application of an approved stripping agent. 3.6.1 Standard: When properly accomplished a stripped floor shall be completely free of all dirt, stains, deposits,wax,finish,water and cleaning solution, and shallbeready for the re-application of sealer and floor finish. All splash evidence on baseboards and furniture/fixtures shall be removed. Removal will be considered complete when 95% of the finish has been removed. 3.6.2Sealing: Sealing is defined as the application of an approved floor sealer prior to the application of the final floor finish according to industry standards and manufacturer recommendations. Application may be by either manual or mechanized methods. 3.6.2.1 Standard: When properly sealed in compliance with the manufacturer's recommendation the floor shall present a uniform appearance with all evidence of splashing on baseboards and furniture/fixtures completelyremoved. 3.7 Waxing/Finishing: Waxing/Finishing is defined as the application of an approved non- slip gloss finish to hard surfaced floors such as vinyl, rubber, cork, linoleum, terrazzo, wood, or tile. Application may be by either manual or mechanized methods. This includes buffing the finish. 3.7.1 Standard: When applied according to the manufacturer's recommendations the finish will present an even high gloss shine. All evidence of splashing will be removed from baseboards and furniture/fixtures. There will be no evidence of buildup or discoloring. After stripping, sealing and waxing have been completed all items moved will be returned to their original positions. 3.8 Spray Buffing: Spray buffing is defined as the application of a wax and water solution to a floor and buffing with a high speed-buffing machine to refurbish the floor finish after wet or damp mopping. 3.8.1 Standard: When properly completed a spray buffed floor shall be held to the same quality as a newly waxed/finished floor. 3.9 Vacuuming: Vacuuming is defined as the mechanical removal of loose dust, dirt, soil, debris and other foreign material from carpeted floors and other items; (examples: couches, chairs, walls, curtains/drapes); which lend themselves to this method of cleaning. 3.9.1 Standard: When properly vacuumed there shall be no evidence of any dust or dirt or any other loose foreign material. All items moved during this process will be returned Vendor Services Agreement American Facility Services,Inc. Page 13 of 32 City Secretary Contract No. 54363 to their original positions. 3.10 Shampooing: Shampooing is defined as the application of an approved cleaning agent to a carpeted floor or cloth material or covering for the purpose of removing embedded soil, dirt, stains or other foreign materials. Application may be by manual or mechanized methods. 3.10.1 Standard: When properly shampooed the item will be free of any foreign material such as dirt, soil, and stains. The item will be free of any cleaning residue and shall present a clean and uniform appearance. All excess cleaning agents shall be removed from base-boards,walls, and furniture/fixtures. Any items moved during this process will be returned to their originalpositions. 3.11 Dusting: Dusting is defined as the removal of laden airborne dirt, soil, lint, or other foreign material from furniture, fixtures, ledges, shelves, frames,walls and any other items that may accumulate airborneparticles. 3.11.1 Normal or low dusting is all levels up to and including six(6)feet in height. All high dusting will be all levels above six(6)feet high. 3.11.2 Standard: When properly dusted the item will be free of any laden airborne materials, streaks,and smudges. Laden airborne matter will be removed by either mechanical, chemical or manual means except that devices which merely displace or redistribute the matter, such as feather dusters,will not beused,unless treated to attract and hold the matter. All items moved to accomplish this task will be returned to their original position. 3.12 Glass/Window Cleaning: Glass/Window cleaning is defined as the removal of dirt, soil, smudges, fingerprints and other foreign material from glass window, doors,partitions, or any other items,which may consist in whole or part of a glass, or similar material including mirrors. All chemicals or solutions used to accomplish this task must be approved by the City. 3.12.1 Standard: When properly cleaned glass objects will be free of all dirt, soil, smudges, streaks, smears or any other substances which will interfere with the passage or reflectance of light rays as may be applicable to the particular object. All excess spray/solution must be removed from any surrounding trim or surfaces. Any items moved to accomplish this task must be returned as close as possible to their original positions. 3.13 Trash/Waste Removal: Trash/Waste removal is defined as the collection and disposal of all materials, which have been placed into appropriate containers dedicated for disposal. (This service also includes the separation of identified recyclable materials and placement into an identified recycling container). 3.13.1 Standard: When properly removed the waste receptacles will be free of all wastes and disposed materials. When any liner is used in a waste receptacle it shall be replaced if there is any evidence of soiling, tearing or other damage or contamination. When any receptacle has been used for disposal of liquid or wet wastes the liner shall be replaced regardless of its age or appearance. If the liner leaked or otherwise allowed wastes to contact the receptacle the receptacle will be cleaned and disinfected. (Recyclable materials will be kept separated and placed into their appropriate containers). 3.14 Metal Cleaning/Polishing: Metal cleaning/polishing is defined as the removal of dirt, soil, fingerprints, smudges, streaks, watermarks, scale and other foreign material from metal surfaces and fixtures. 3.14.1 Standard: When properly cleaned/polished with an approved non-abrasive cleaner/polish the metal surface will present a clean uniform appearance free from all dirt, soil, marks, smudges, streaks, scale,etc. 3.15 Disinfecting: Disinfecting is defined as the removal or neutralization of material containing Vendor Services Agreement American Facility Services,Inc. Page 14 of 32 City Secretary Contract No. 54363 or supporting the growth of bacterial/viral organisms capable of causing infection in humans if untreated,through the application of an approved disinfectant by either manual or mechanical methods. 3.15.1 Standard: When properly disinfected surfaces shall be as free as possible of material containing living bacteria,viruses, or other contaminates capable of causing infections. Testing may be accomplished by the agency or through an independent testing facility. 3.16 Woodwork Cleaning/Polishing: Woodwork cleaning/polishing is defined as the treatment of wood furniture,fixtures,and walls with an approved wood cleaner,oil and/or polish to prevent the aging, cracking, and/or drying of wood items and to remove soil, stains, fingerprints and smudges. 3.16.1 Standard: When properly cleaned and polished the wood will exhibit a high uniform sheen free of all dirt, soil, stains, or other foreign material,which would detract from a clean and appealing appearance. 3.17 Dispenser Service: Dispenser service is defined as the checking, and refilling of all towel, toilet tissue, soap, or any other dispensers that may be identified by theCity. 3.17.1 Standard: When properly serviced dispensers will have an adequate(1 day) supply of dispensed product or will be identified as needing a follow-up check to insure that the dispenser does not remain empty for an extended period of time. At no time will additional supplies be left for patrons/clients/patients/employees to install in the dispensers. 3.18 Cleaning, General: Cleaning in general is defined as the removal of dirk, soil, stains, liquids, trash,refuse and any other foreign material from an item, fixture, or area and may include the process of disinfecting, if required by the City. 3.18.1 Standard: When properly cleaned an area, fixture or item will be free of all dirt, soil, stains or other foreign material and will present clean, safe,healthful, and pleasant appearance. 3.19 Specific Elements of Housekeeping Routine Task Performance Standards: 3.19.1 The tasks listed in this document are general in nature and are not intended to eliminate specific elements of the housekeeping routine. However,the specific elements of the housekeeping routine will be judged against the general task description and standard. 3.20 Acceptable Quality Level: 3.20.1 The level of service must be maintained as outlined in this document, or the Vendor will not be paid and damages will be assessed and deductedfrom any invoice currently due or charged in any other manner allowed under the terms of this contract or by law,rule, or delegation. 3.20.2 For the purposes of this contract the acceptable quality level is established as not more than six(6)valid complaints per week. When six(6)complaints are received in a week this shall be considered as ninety-four percent(94%)efficiency. 3.20.3 All complaints after six(6)will be considered as assessable for damages andthe Vendor shall be assessed for all complaints received. 3.20.4 For example,the Contract Administrator verifies eight(8)complaints related to the Vendor's cleaning in a week,the Vendor would be liable for damages amounting to eight percent(8%)of that week's chargeable costs. 3.21 Cleanable Square Footage Adjustments: 3.21.1 The level of service must be maintained as outlined in this document, or the Vendor will not be paid and damages will be assessed and deducted from any invoice currently due or charged in any other manner allowed under the terms of Vendor Services Agreement American Facility Services,Inc. Page 15 of 32 City Secretary Contract No. 54363 this contract or by law,rule, or delegation. 4.0 JANITORIAL PERSONNEL 4.1 Employees(General) 4.1.1 The Vendor shall provide all necessary labor. 4.1.2 All personnel working on the City contract shall be considered the Vendor's employees,not City employees. 4.1.3 All personnel shall be at least 17 years of age. 4.1.4 All subordinate personnel(employees below Team Leader level) shall haveat least six(6)months experience providing janitorial services. 4.1.5 Day personnel must be neatly uniformed at all times, and must be trained to work with the tenants and visitors in the buildings. 4.1.6 Although it is preferred all janitorial staff possess the ability to communicate in English(both orally and written), all positions equal to Team Leader andabove shall communicate/translate in the English language and in the language of his/her crew, if different(both orally andwritten). 4.1.7 All personnel shall be trained by the Vendor to ensure proper techniques are used; appropriate use of chemicals are learned and cleaning requirements are met before employee is placed on the City contract. 4.1.8 No employee of the Vendor shall use City equipment including,but not limited to (computers,telephones, facsimiles, copiers,printers, calculators,typewriters), except for phone use in cases of emergency and/or to respond to work requests from Contract Administrator. 4.1.9 The Vendor will assign sufficient cleaning personnel to meet the specified performance level. 4.1.10 The Vendor shall provide trained substitute personnel for any custodians not present for work. 4.1.11 The Contract Administrator may request the Vendor to remove anyemployee for cause, including but not limited to:poor or non-performance of work,theft, abusive language or behavior, improper attire, in accordance with the terms and conditions of this Contract. 4.1.12 It is understood and agreed by City and the Vendor that the Vendor is retained as an independent contractor and in no event shall any employee hired by the Vendor be or be considered an employee of City, or otherwise be subjected to discrimination. 4.2 Job Manager/Supervisor Level: 4.2.1 The Job Manager and Supervisor position may be combined(this positionshall have no less than three(3)years overseeing janitorial crews). 4.2.2 The Vendor shall provide competent personnel to oversee the crews assigned to this contract. 4.2.3 This person shall be on site within two hours of notification to respond to issues reported by the Contract Administrator or designee. 4.2.4 Vendor shall provide the Contract Administrator the phone number and email address of the Job Manager/Supervisor. 4.2.5 The Job Manager/Supervisor shall have full authority to act for the Vendor at all times to carry out the provisions of this Contract. 4.2.6 The Job Manager/Supervisor shall be knowledgeable of all the specifications of the contract and shall personally inspect the performance of the cleaning crew in all areas to assure that uniform first class workmanship is continuallymaintained Vendor Services Agreement American Facility Services,Inc. Page 16 of 32 54363 4.3 Team Leader: 4.3.1 This person shall have a minimum of one(1)year experience as a TeamLeader. 4.3.2 Team Leader will be required for locations with four or more staff working at that site. 4.3.3 The Team Leader shall be knowledgeable of all the specifications of thecontract and shall personally inspect the performance of the cleaning crew in all areas to assure that uniform first class workmanship is continually maintained. 4.3.4 The Team Leader, as a general rule, may be responsible for cleaning a maximum of 8,000 square feet in addition to supervisory duties; per full time shift. 4.4 Visitors: 4.4.1 Absolutely No visitors, including spouses and children, of the Vendor or Vendor's employees will be allowed in the building during working hours,unless they are bona fide employees of the Vendor and are working at the City facility. 4.5 Intoxicants and Illegal Drugs: 4.5.1 The use of any kind of intoxicants or illegal drugs while on duty by the Vendor's employees shall constitute grounds for termination of this Contract by the City. 4.5.2 Vendor's employees shall not bring intoxicants or illegal drugs onto City property. 4.6 Background Investigations: 4.6.1 Due to working in facilities subject to federal Criminal Justice Information System requirements, contract workers must be fingerprinted and mustbe able to pass a criminal background check and drug screen. This must be done at the Vendor's expense and verification of a clear background must be given to the Contract Administrator before any contract employee is allowed to work in a building which falls under this requirement. 4.6.2 Under no circumstances shall any Vendor's personnel having anyconvictions or pending criminal hearings be assigned to the City contract. 4.7 Drug Screening: 4.7.1 Provisions shall be made for drug screening of all janitorial personnel. 4.7.2 The Vendor shall provide certification that all janitorial personnel assigned to City facilities are drug free prior to their assignment. 4.7.3 Additional drug screening may be requested; the Vendor at his/her cost will have testing performed. 4.8 Security and Identification: 4.8.1 The Vendor shall abide by all City security procedures, rules, and regulations, and shall cooperate with City security personnel. 4.8.2 Under no circumstances shall the Vendor assign personnel who are not legally authorized to work in the United States ofAmerica. 4.8.3 Vendor shall provide I-9 forms for each employee assigned to the City contract,and documentation supporting the submission of said forms. 4.8.4 Vendor shall provide all, if any, "No-Match"letters from the Social Security Administration. 4.8.5 A complete list of the entire Vendor's personnel, including driver license and social security numbers,will be provided to the Contract Administrator at the beginning of the contract period. 4.8.6 The same information must be provided prior to the start of the assignment of a new employee. 4.8.7 The Vendor's employees will be issued Contractor badges,which mustbe visibly worn at all times, during the performance of the work. 4.8.8 Badges will be issued by the City. 4.8.9 Lost or misplaced badges will be charged to the Vendor.Vendor will be responsible Vendor Services Agreement American Facility Services,Inc. Page 17 of 47 City Secretary Contract No. 54363 for the charge of$15/badge. 4.9 Uniforms: 4.9.1 All daytime Vendor employees shall be properly uniformed and be neat and clean in their appearance. 4.9.2 All daytime employee uniforms shall be the same design andcolor. 4.9.3 Night-time employees shall not be required to wear uniforms,but shall be neat and clean in appearance. 4.9.4 No changes may be made in the proposed unfirms without written notification to the Contract Administrator. 5.0 TRAINING 5.1 The Vendor shall provide each employee used in the performance of work underthis Contract with adequate training to perform the work competently as defined in the Specifications. 5.2 The Vendor shall have an existing training program. Vendor must agree to modify the program if requested by the City. The training program shall remain the sole and exclusive property of the Vendor. 5.3 The program shall include as a minimum each of the eight training subjects. Training Subjects: 5.3.1 Orientation 5.3.2 Introduction to Assignments 5.3.3 Chemicals 5.3.4 Tools&Equipment General Procedures 5.3.5 Rest Room Cleaning 5.3.6 Common Mistakes 5.3.7 Spray-buffing 5.3.8 Safety 5.4 The Vendor shall maintain a training record for each employee. 5.5 The training record shall show, as a minimum,the employee's name, date of employment, and the type and date of each training class attended. 5.6 Such records shall be made available to the Contract Administrator upon written request. 5.7 The Contract Administrator or Coordinator may, from time-to-time,monitor the conduct of such training classes. 5.8 Each employee performing the work under this contract shall be adequately trained in the training subjects listed above within the first two weeks of the contract start date. 5.9 Employees hired during the contract shall be adequately trained within the first two weeks of performing services under this contract. Vendor shall provide all necessary equipment and supplies to conduct the required training. 6.0 JANITORIAL PERSONNEL 6.1 The Vendor shall keep on file and make available upon verbal request the following: 6.1.1 A list of the names of all personnel present for work the previous day, showing shift- by-shift the positions filled by each person in the overall cleaning program and number of hours worked by each person, as certified by the Vendor's time records. 6.1.2 A list of projects completed the past day, ready for inspection by the Contract Administrator or Coordinator. 6.1.3 Failure to produce the daily reports will be basis for the City to withhold payment processing until satisfied. Vendor Services Agreement American Facility Services,Inc. Page 18 of 32 54363 7.0 ORGANIZATIONAL CHART 7.1 The Vendor shall keep on file and furnish to the Contract Administrator,upon request, a routine work organizational chart and a separate projects organizational chart. 7.2 Organizational charts shall be updated as needed and copies provided to the Contract Administrator. 7.3 The organizational charts shall show assigned work areas of each employee,by name,by positions and shift hours. 8.0 RELIEF FOR ABSENTEEISM AND VACATION 8.1 The Vendor shall provide trained relief personnel as necessary and/or work overtime at no cost to the City to ensure that the objectives of this contract are performed as required. 9.0 VENDOR'S RESPONSIBILITY 9.1 The Vendor shall be responsible for the complete performance of all of the work under the Contract, and for the tools, equipment, materials, supplies and methods used to perform the work, and property of every description used in connection therewith. 9.2 If requested by the City the Vendor shall furnish restroom stock such as,paper towels, toilet paper,toilet seat covers, and feminine sanitary hygiene products at a cost per Exhibit B plus the 12%markup. 10.0 PERFORMANCE OF WORK 10.1 If the Vendor fails to maintain an acceptable level of service, or if in the judgment of the Contract Administrator,the Vendor's work methods are not adequate to assure completion of the work per the allotted schedule, the Contract Administrator may direct the Vendor at no additional cost to City to revise work schedules to ensure completion of the work. 11.0 NON-DAILY REQUIREMENTS 11.1 A schedule of services for non-daily requirements is to be submitted to the Contract Administrator, (Example: floor stripping, waxing, etc.). 11.2 The schedule must be specific as to date and time the non-daily services requirements are to be performed. 11.3 A schedule of all specialized cleaning will be submitted to the Contract Administrator by the 5th day of each month. 11.4 The Contract Administrator will note any changes prior to the start of the project. 11.5 Suggestions/recommendations by the Vendor are encouraged. 11.6 The Vendor will send written notice via email to the Contract Administrator whenever a project is completed. The notice must be sent within twenty-four(24)hours of completion. 12.0 ACCEPTABILITY OF WORK 12.1 The Contract Administrator shall determine the acceptability of all work performed based on requirements herein defined under"Task Performance Standards"in evaluating janitorial services and information in the Janitorial Log, Complaint Database and Janitorial Checklist. 12.2 If conditions are not acceptable,the Vendor will be requested to visitthe facility and review and correct all problem areas immediately. 12.3 Continued poor performance may result in contract reduction based on actual damages or cancellation of contract. 12.4 Weekly Walk-Through Check: 12.4.1 Once per week the Contract Administrator and/or Coordinator will perform a Vendor Services Agreement American Facility Services,Inc. Page 19 of 47 City Secretary Contract No. 54363 walk-through check. 12.4.2 A cleaning checklist will be completed. 12.4.3 If unsatisfactory performance is noted,the Contract Administrator and/or Coordinator will confirm the deficiencies and forward a copy of the checklist. The Vendor shall correct deficiencies within 24 hours or receiving checklist. 12.5 Bi-monthly Inspections: 12.5.1 The Job Manager/Supervisor shall conduct Bi-Monthly inspections of these facilities and provide within twenty-four(24)hours of the inspection; awritten report to the Contract Administrator, in a format approved by theContract Administrator. 12.5.2 The City reserves the right to change the frequency of the inspections, as it deems necessary. 12.6 Monthly Vendor, Contract Administrator/Coordinator Formal Inspection: 12.6.1 At least once per month,the Vendor shall conduct a formal walk-throughof each facility with the Contract Administrator and/or Coordinator. 12.7 Quality and Job Progress: 12.7.1 The Vendor shall maintain continuous awareness of the quality and completeness of the work performed by his/her employees by personal inspection of the premises and shall be required to inspect the building with the Contract Administrator or Coordinator. 13.0 AUTHORITY OF THE CONTRACT ADMINISTRATOR 13.1 The instructions of the Contract Administrator are to be strictly and promptly followed by the Vendor in every case. 13.2 The Contract Administrator will decide any and all questions that may arise as to the quality and acceptability of chemicals, supplies,tools, and equipment furnished andwork performed, and the manner of performance and rate of progress of thework. 13.3 The Contract Administrator will determine the amount and quality of the work performed and materials furnished which are to be paid for under the Contract. 13.4 The Contract Administrator may make temporary changes in the assignments,tasks,task frequencies or methods, if such changes do not require additional equipment, chemicals, supplies or man-hours. Such changes shall not be considered modifications of the Contract and shall not affect the amount of payment to the Vendor. 14.0 THE VENDOR'S ACCESS 14.1 Access routes, entrance gates or doors,parking and storage areas,and any imposed time limitations shall be designated by the Contract Administrator. 14.2 The Vendor shall conduct operations in strict observation of the access routes and other areas established as described above. 14.3 Under no circumstances shall any of the Vendor's personnel or equipment enter or move upon any area not authorized by the Contract Administrator for access by the Vendor. 15.0 CHANGES,ADDITIONS,AND DELETIONS IN THE QUANTITY OF WORK 15.1 The City,by written change order, may make changes, additions, and deletions in the quantity of work. 15.2 Should any changes be made, the Vendor shall perform the work as changed and shall be paid for the actual quantity or quantities of such work whether increased or decreased, at unit price. Vendor Services Agreement American Facility Services,Inc. Page 20 of 32 City Secretary Contract No. 54363 16.0 TELEPHONE SERVICES 16.1 The Vendor shall have local telephone service. 16.2 The use of recording/answering device, or an answering service, is not acceptable except for after normal business hours. 16.3 Normal business hours are considered to be the Vendor's normal office hours between 7:00 AM and 6:00 PM Monday through Friday. 16.4 An emergency 24-hour response number must be provided to the Contract Administrator to allow immediate contact of the authorized Job manager. 17.0 STORAGE SPACE 17.1 Vendor shall store required supplies, materials, and equipment in storageareas and janitorial closets designated by Contract Administrator. 17.2 Vendor shall keep designated storage areas neat and clean at all times and comply with applicable safety and fire regulations. 18.0 SOLICITING 18.1 All soliciting is prohibited on City premises by the Vendor's agents or employees. 18.2 Vendor shall inform his employees of this policy prior to beginning work underthis Contract. 19.0 SUBCONTRACTING 19.1 After the award, the Contract shall NOT be assigned or subcontracted in whole or inpart,by the Vendor without the prior written consent of the City. 19.2 Subcontractors shall not be on the"Excluded Parties"list or"Debarred"vendor's list. 19.3 Subcontractors shall, too, abide by all regulations, laws,rules and terms and conditions as stated herein. 20.0 BILLING AND RECORD KEEPING 20.1 Vendor will be responsible for maintaining accurate time keeping records and agrees to make adjustments to invoices in the event janitorial personnel are absent or tardy. 20.2 The Vendor shall furnish the City sign-in sheets covering the hours spent by its employees in carrying out their duties on a daily basis. 20.3 Such sign-in sheets shall include the name of each employee,hours worked,and location of work assignment. 20.4 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to obtain the name of the responsible person,telephone numbers,purchase order and address of the department at the time the service is requested. The requesting department is required to issue a purchase order number to the Vendor during the process. 20.5 A properly prepared invoice shall be printed to include the Vendor's name, federal tax identification number, invoice number, address, date, service or item description,unit price, extended cost, City issued purchase order, and City business unit. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. The invoice date should be corrected if invoice has to be re- submitted. 20.6 Vendor shall not include Federal Excise, State or City Sales Tax in its invoices. The City shall furnish a tax exemption certificate upon Vendor's request. 20.7 Payments shall be made on a Net 30 Days basis from the date an error free invoice is Vendor Services Agreement American Facility Services,Inc. Page 21 of 32 City Secretary Contract No. 54363 received. 21.0 HOLIDAYS 21.1 The holidays observed by the City are:New Year's Day,Martin Luther King Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day, and Christmas Day. 21.2 The City does not specifically require the Vendor to work on these holidays but does require the Vendor to fulfill the requirements of the contract. 21.3 If this requires the Vendor to work on holidays observed by the Cityor the Vendor,then, Vendor shall fulfill obligations at NO additional expense to theCity. 21.4 The list of City observed holidays will be updated as required. 22.0 NEEDED REPAIRS 22.1 The Job Manager shall promptly notify the Contract Administrator and/or Coordinator of needed repairs and/or damages to fixtures,building and appurtenances. 22.2 Any item of a critical,priority, or emergency nature will be reported to the Contract Administrator immediately upon discovery. 22.3 Vendor shall be responsible for any and all damages to City fixtures,buildings, appurtenances, or other property caused by Vendor's staff. 23.0 MINIMUM WAGE RATE REQUIREMENTS 23.1 The Vendor shall pay to each of its employees engaged in any way in work where under, a wage not less than what is currently known as the"MINIMUM HOURLY WAGE," and may increase or amendments thereto. 23.2 Upon request by the City, the Vendor shall submit Wage Rate Affidavits with itsbilling documents affirming that all employees have been paid not less than the"Minimum Hourly Wage"and any amendments thereto. 23.3 The City may withhold payments due to the Vendor until the Vendor has complied with this provision. 23.4 Vendor shall comply with all applicable federal, state, and local laws, ordinances,rules, and regulations pertaining to the performance of the work specified herein; including but not limited to minimum wages and equal employment opportunity. 24.0 WORK SCHEDULE 24.1 The Contract Administrator will provide the Vendor a current list of facilities to be serviced with the agreed upon work schedules per facility. 24.2 The City reserves the right to reduce or increase hours in at any facility and to add facilities or discontinue services at any facilityshould the need arise. 24.3 The City will allow the Vendor flexibility in scheduling workloads in order to provide his/her employees with eight(8)hour shifts. When schedules have been approved and in place, additional changes will not be permitted without prior approval of the Contract Administrator. 24.4 No overtime will be paid by the City without prior approval by the Contract Administrator. The Vendor is responsible for scheduling personnel so as to not require overtime. 24.5 In the event of an emergency the City may require the Vendor to supply workers for additional hours exceeding a 40 hour workweek. 24.6 The City will pay overtime wage rates calculated at 1 %2 times the hourly bidrate. 24.7 Vendor's employees will be required to report for work promptly and remain on the job until their shift is completed. Vendor's employees may be required to report to a designated City employee upon arrival and departure. Vendor Services Agreement American Facility Services,Inc. Page 22 of 32 City Secretary Contract No. 54363 24.8 The Contract Administrator may require additional workers for a jobsite and when possible, will give the Vendor one(1) day notice of such a requirement. 25.0 SUPPLIES AND EQUIPMENT 25.1 The Vendor shall furnish all cleaning supplies,trashcan liners,materials and equipment necessary for the provision of complete janitorial services. These supplies, materials and equipment must be of quality acceptable to the City. 25.2 The City shall furnish paper and soap products(toilet paper,paper towels, seat covers, feminine hygiene products,hand and body soap,and shampoo). 25.3 The City reserves the right to request that the Vendor furnish the paper and soap items listed in 32.2 either temporarily or permanently. The City shall pay Vendor cost in accordance to pricing schedule on Exhibit B plus the 12%markup. 25.4 The Vendor shall provide the Contract Administrator with receipts proving its costs of furnished items. 25.5 The necessary cleaning equipment, including commercial type power driven machines, vacuum cleaners, and all necessary motors,trucks, etc.needed for the performance of the work of this contract shall be furnished by the Vendor. Such equipment shall be of the size and type customarily used in work of this kind and shall meet the approval of the CitX. 25.5.1 Vendor's equipment deemed by the Contract Administrator to be of improper type or inadequate for the purpose intended shall be replaced at Vendor's expense. Other mandatory major/minor equipment and tool requirements are cited in this section. 25.5.2 The Vendor shall furnish and maintain all equipment necessary forproper maintenance of each location. 25.5.3 The City reserves the right to make inspection of equipment at any time during performance of this contract. 25.5.4 Any of the Vendor's equipment found to be in unsafe operating condition must be replaced immediately, at the Vendor's expense. 25.5.5 Failure to provide suitable equipment for the performance of this contract could be grounds for the City to terminate the contract. 25.5.6 Major equipment is needed in all facilities in order to perform the specified work requirements. There are designated locations that must have major equipment located on the work site at all times. Vendor shall not transport heavy major equipment to service other locations. 25.5.7 It is the Vendor's responsibility to provide any additional equipmentneeded to service these locations in order to perform the required services(daily,weekly, etc.) as specified. 26.0 REQUEST TO CHANGE EQUIPMENT 26.1 The Vendor, if desirous of changing from the initial selection of equipment and tool, shall first ascertain that the alternate equipment or tools equals or exceeds the original equipment and tool specifications. 26.2 The Vendor shall submit a written"request to change"to the Contract Administrator defining the alternate tool and/or equipment along with the manufacturer's specifications and a photocopy of the alternate. 26.3 If the alternate equals or exceeds the original equipment and tool specifications as submitted in the bid and Contract Documents,performs as well as the initial selection as demonstrated by actual performance testing, if requested by the Contract Administrator, causes no operational interference with City or damage to facilities,and is in the best interest of City, then the alternate shallbe approved for use. Vendor Services Agreement American Facility Services,Inc. Page 23 of 32 City Secretary Contract No. 54363 26.4 Any costs associated with evaluating an alternate or changing to an alternate equipment shall be borne by the Vendor. 27.0 MATERIALS AND SUPPLIES 27.1 No material shall be used that will damage floors, floor covering,toilet fixture,woodwork, painted surfaces, furniture, etc., or which will create health or safety hazards. 27.2 All products must be user friendly and environmentally safe. Where the City specifies specific products,there shall not be deviation without the express written permission from the Contract Administrator,in which case samples of proposed materials to be used shall be submitted before the materials are used. 27.3 The Contract Administrator may approve or disapprove any product prior to or during the term of the contract period. 27.4 The Vendor shall furnish all supplies, materials and equipment necessary for the performance of the work of this contract unless otherwise specified herein. These supplies and materials shall be of a quality acceptable to the Contract Administrator. 27.5 The Vendor shall not use any material that the Contract Administrator determines unsuitable for the purpose or harmful to the surfaces to whichapplied or to any other part of the building, its contents or equipment. The wax used in the building must be UL approved. 28.0 CHEMICALS 28.1 The Vendor shall furnish all chemicals necessary to perform the work of this contract. 28.2 The Vendor shall use only those brands and types of chemicals approved by the Contract Administrator. 28.3 The City reserves the right to reject any brand or type and instruction the Vendorto substitute another product acceptable to the City. 28.4 No other chemicals of any brand or type may be used unless the Vendor has obtained written permission to change. 28.5 The Vendor must have annual training for all employees on hazardous chemicals and provide signed documentation by the employee of suchtraining. 28.6 Materials maybe identified by the Contract Administrator to be tested by a recognized testing laboratory. 28.7 A copy of the laboratory report giving the results of the test and a sample of each product, if requested, shall be provided to the Contract Administrator. 28.8 The Vendor must identify all chemicals that are reportedas hazardous and provide all annlicable MSDS. 28.9 Prohibited Chemicals:No ammonia,bleach,powdered cleanser or any other like type of harsh chemical shall be used the performance of the work without the written approval of the Contract Administrator. 29.0 CHEMICAL SUBSTITUTION 29.1 The Vendor shall submit a written request to the Contract Administrator prior to substituting chemicals. 29.2 This written request shall identify the product use,brand name,the manufacturer's complete name, address and telephone number. 29.3 The Vendor shall attach a product brochure, OSHA Form 20 and chemical specifications to the written request. The Vendor shall provide the Contract Administrator with a container of the chemical to be used for on-site evaluation. 29.4 At the sole discretion of the Contract Administrator or designee,the Vendor shall be required to submit the proposed chemical to an independent testing laboratory selected by the Contract Administrator for evaluation andcomparison to chemical brands referenced in the Vendor Services Agreement American Facility Services,Inc. Page 24 of 32 City Secretary Contract No. 54363 specifications. 29.5 If the alternate brand performs as well as or better than the chemical brands bid as determined by an independent Testing Laboratory and/or on-site evaluation as determined by the Contract Administrator,and causes no interference with the operational activities of City, or damage to the facilities, and is in the best interest of City,then the chemical shall be approved for use in the performance of the work. 29.6 Additional costs associated with testing or using an alternate brand or chemical or with changing from one brand to another brand will be borne by the Vendor, if the test or change was requested by the Vendor. 29.7 The Vendor shall maintain on site a copy of OSHA Form 20, Material Safety Data Sheet (MSDS),or equivalent forms, for all chemicals used in the performance of the work and shall provide the Contract Administrator with a copy. The MSDS will be posted in all closets where cleaning chemicals are stored. The MSDS MUST BE MULTILINGUAL,to sufficiently accommodate non-English speaking employee assigned by Vendor to the building. 29.8 All chemicals used must have manufacturer's quality control batchnumbers included on cases or containers. 30.0 SERVICES: 30.1 There are seven(7)classes of service for this janitorial contract. 30.1.1 Daily Service Requirements—requires that services be provided every day of the week that the building is in operation. 30.1.1.1 Weekly Service Requirements—requires these services tobe performed a minimum of once a week, every week. 30.1.1.2 Monthly Service Requirements—requires these services tobe performed a minimum of once a month, every month. 30.1.1.3 Quarterly—requires these services to be performed a minimum of once every three months. 30.1.1.4 Semiannually—requires that these services be performed a minimum once within a six-month period, during the contractperiod. 30.1.1.5 Annual Service Requirements—requires these services to be performed a minimum of once a year during the contractperiod. 30.1.1.6 Hard Floor Maintenance—Vendor and Contract Administrator shall establish a floor maintenance schedule for each facility. 30.1.1.7 Nonspecific requirements—Services provided as required to accomplish the requirements of this contract. 30.1.1.8 Non-daily Requirements—A schedule of services for non-daily requirements is to be submitted to the Contract Administrator and designated Coordinator(s). The schedule must be specific as to date and time the non-daily services requirements will be performed. 30.2 Task Areas and Frequencies: 30.2.1 The following are examples of services to be performed on a dailybasis. These are only basic guidelines and are not exclusive of the work to be performed. Any work normally considered janitorial and requested by the Contract Administrator or designee shall be performed. 30.2.2 Corridors,Foyers, Entrance Areas, Tunnels, Lobbies, Stairs and Elevators. 30.2.2.1 Daily—will be performed as follows: 30.2.2.1.1 Empty all trash and recycling receptacles Vendor Services Agreement American Facility Services,Inc. Page 25 of 32 City Secretary Contract No. 54363 30.2.2.1.2 Wipe clean all trash and recycling receptacles 30.2.2.1.3 Rearrange furniture as required to clean,but put all pieces backto original area 30.2.2.1.4Clean and disinfect chairs,benches, armrests, flat surfaces,hand rails, light switches and door handles/knobs drinking fountains 30.2.2.1.5 Dust building and furniture surfaces 30.2.2.1.6 Spot clean furniture, fixtures,walls,partitions, glass surfaces and doors,etc. 30.2.2.1.7Clean stair and hand railings,panic bars and door push plates. 30.2.2.1.8 Clean main entrance doors inside and out 30.2.2.1.9 Sweep or dust mop non-carpeted floors 30.2.2.1.1 ODamp mop non-carpeted floors 30.2.2.1.11Remove carpet stains 30.2.2.1.12Completely vacuum carpeted floors 30.2.2.1.13Vacuum clean elevator door tracks, if applicable 30.2.2.1.14Clean(vacuum/sweep) entrance mats 30.2.2.1.15Spray buff entrance level foyers, lobbies and main corridors 30.2.2.1.16Sweep or damp mop all others if necessary 30.2.2.1.17Clean entrance and lobby doors and interior lobby glass every night 30.2.3 All Restrooms 30.2.3.1 Daily—will be performed as follows: 30.2.3.1.1 Empty all trash and recycling receptacles 30.2.3.1.2Rearrange furniture as required to clean 30.2.3.1.3 Spot clean furniture, fixtures,walls,partitions, glass surfaces, counters and doors, clean and sanitize restroom fixtures including diaper changing stations 30.2.3.1.4Police litter—scan visible area for litter and dispose or fix 30.2.3.1.5 Sweep or dust mop&wet mop non-carpeted floors 30.2.3.1.6Clean floors with detergent and germicidal additive 30.2.3.1.7 Urinals and toilets cleaned and sanitized both inside and outside polish bright work/stainless/nickel 30.2.3.1.8Replace deodorant urinal screens, as necessary 30.2.3.1.9Clean mirrors 30.2.3.1.1 OWash basins washed and wiped dry 30.2.3.1.11Clean and sanitize tile walls,hand rails, light switches and door handles/knobs and wipe dry using germicidal detergent 30.2.3.1.12Stall dividers dusted, sanitized and wiped clean 30.2.3.1.13Clean light switches 30.2.3.1.14Refill towel cabinets,tissue dispensers, soap dispensers,toilet seat liners, as necessary topreclude outages throughout the day 30.2.3.1.15Doors wiped clean 30.2.3.1.16Empty and clean trash and recycling receptacles,replace liners as required. 30.2.3.1.17Remove graffiti without repainting 30.2.3.1.18Clean cabinets, ducts, grilles and air vents, if required by Contract Administrator 30.2.4 Outside Areas 30.2.4.1 Sweep landing, steps, sidewalks and spot mop as necessary Vendor Services Agreement American Facility Services,Inc. Page 26 of 32 City Secretary Contract No. 54363 30.2.4.2 Pick up and remove litter and debris from designated areas andat least 25 feet from building perimeter. 30.3 General Cleaning Rules: 30.3.1 Occupied Areas 30.3.1.1 Areas occupied by City employees working late shall be bypassed, if requested by the City employee(s). Otherwise, area shall be cleaned. If area is vacated prior to cleaning personnel's departure from the building, cleaning personnel shall return and perform required cleaning task. 30.3.1.2 Areas not cleaned due to occupancy, shall be reported to the next shift for appropriate action. The Job Manager or his designee shall also provide this information to the Contract Administrator the following morning. 30.4 Acceptability of Work: 30.4.1 The Contract Administrator or designee shall determine the acceptability of all work performed. 30.4.2 Definition of terms and standards will be used in evaluating services in addition to the information in the janitorial log book and janitorial checklist. 30.4.3 If conditions are not acceptable,the Vendor will be requested to visit the facility and review and correct all problem areas immediately. 30.4.4 Failure to maintain an acceptable level of service will result inthe assessment of actual damages and/or termination ofcontract. Vendor Services Agreement American Facility Services,Inc. Page 27 of 32 City Secretary Contract No. 54363 EXHIBIT B PRICE SCHEDULE FORT WORTH, 91101— CITY OF FORT WORTH BID OFFER Event ID Page Invited: EVENT DETAILS CFW01-20-0089 4 Event Round Version 1 1 Event Name ITB-A-20-0088 Janitorial Services & supplies Start Time Finish Time Submit Tv: City of Fort Worth 1 02 26 2020 08:00:00 CST 04 02 2020 13:30:00 CITT PURCHASING DIVISION LOWER LEVEL CITY HALL 200TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fcrtworthtexas.gov Line Details Line: B Unit UnitPdce Total Hard Floor Stripping and Waxing 1,00 SF $D.20 $D.20 Line: 9 Description: City Unit Unit Price Total Per bid specifications,user departments may 1,00 EA 1296 129 markup request paper goods such as toilet paper, paper towels and seat covers,and hand/body over wholesale Line: 10 Description: Qty Unit UnitPrice Total JAN ITOR IAL S ERVI CES FO R TH E CITY OF FO RT 100 YR $10.74 WORTH $1D.74 per man-hour Total Bid Amount: $10.74 _ Hourly Rate Staffing and hours worked will be according to Attachment I Vendor Services Agreement American Facility Services,Inc. Page 28 of 32 54363 EXHIBIT B PRICE SCHEDULE CONTINUED Item DESCRIPTION OF LINE ITEMS QTY Unit Unit Total # Price 1 Paper Towels 234 EA $31.85 $7,452.90 2 14 x 14 Microfiber towels(24 pk) 1 EA $9.50 $9.50 3 C-Fold Paper Towels 4 EA $19.95 $79.80 4 Multi Fold-PREMIUM WHITE TOWEL 3000/CS 101 EA $47.25 $4,772.25 5 Multi Fold Towel White Scott K.C. 16PKG/250 SHTS 471 EA $43.95 $20,700.45 6 Tri-Fold Paper Towels 77 EA $30.73 $2,366.21 7 Single Fold Towels 104 EA $24.87 $2,586.48 8 Roll Towel-White Enmotion Georgia Pacific 800'X10" 30 EA $58.20 $1,746.00 9 Roll Towel-White Kleenex 425'X8"12 rolls/cs 812 EA $86.85 $70,522.20 10 Roll Towel Georgia Pacific 89420 ENMOTION AUTO 125 EA $56.46 $7,057.50 11 Towel White Enmotion 8"Width 6/700'/CS 87 EA $82.67 $7,192.29 12 EMPRESS Toilet Tissue 96/CS 171 EA $38.45 $6,574.95 13 Jumbo Roll Tissue SPRING GROVE 2PLY 442778 356 EA $27.45 $9,772.20 14 Jumbo Roll Tissue 750'3.5" 12/CS 94 EA $27.44 $2,579.36 15 HARMONY PRO 321335 52 EA $46.47 $2,416.44 16 3.55"X1000'Jumbo Roll JR(9")2PLY Toilet Tissue 669 EA $24.50 $16,390.50 17 Toilet Tissue-Cottonelle 60RLS/451 2PLY Sheets 287 EA $65.95 $18,927.65 18 Scott-2PLY 80 ROLLS/550 SHEETS 4.1X4.0 SHEET 35 EA $64.25 $2,248.75 19 Coastwide Prof Toilet Paper(case-96 rolls) 12 EA $35.76 $429.12 20 Flat Box Facial Tissue White 2-Ply 3 EA $26.32 $78.96 21 Facial Tissue-White Kleenex 2Ply 100SHTBX-36 20 EA $35.98 $719.60 22 Seatcover-1/2 Fold 250BX-20BX/CS 5000EA 69 EA $39.54 $2,728.26 23 Seat Cover-Kimberly Clark 1PLY 125 SHT/PKG 4 EA $68.29 $273.16 24 Boardwalk Pink Lotion Soap 800ML III EA $6.05 $671.55 25 Total Body Shampoo 1 Al W/PMP 45 EA $95.60 $4,302.00 26 Dial Basics Liquid Handsoap 4/1 Gal 2 EA $57.17 $114.34 27 Antibacterial Clear Lotion Soap,Gallon 115 EA $38.00 $4,370.00 28 Mild Cleansing Lotion Soap Floral Liquid Igal Bottle 24 EA $38.00 $912.00 Vendor Services Agreement American Facility Services,Inc. Page 29 of 47 City Secretary Contract No. 54363 Item DESCRIPTION OF LINE ITEMS QTY Unit Unit Total # Price 29 Gojo Green Seal Tfx Handwash 2X1.2Liter/CS 3 EA $42.05 $126.15 30 Foam Hand Cleaner 15 EA $34.91 $523.65 31 DIA BASICS 06047 PURE&NATURAL 41 EA $13.95 $571.95 32 DIAL FIT X2 BASICS REFILL 18 EA $46.62 $839.16 33 Boardwalk410 Pink GAL soap 236 EA $5.50 $1,298.00 34 WHITE SOAP COCONUT 4 EA $5.83 $23.32 35 RELIABLE 800ML PINK SOAP444006 64 EA $2.50 $160.00 36 Ajax Triple Action Dish Soap 5 EA $4.59 $22.95 37 Palmolive 3 EA $5.59 $16.77 38 Wash Dawn 1 EA $5.59 $5.59 39 Decon Bacdown Hand Soap 34 oz;case 32 EA $41.25 $1,320.00 40 Decon Bacdown Hand Soap 34 oz;case 32 EA $41.25 $1,320.00 41 Softcide-ES Antimicrobial Hand Soap 0.3%PCMX Bottle 48 EA $29.00 $1,392.00 w/Pump 42 Wave 3D Urinal Screen IO/BX 6BX/CS 122 EA $2.50 $305.00 43 Wave 3D Urinal Screen IO/BX 33 EA $2.50 $82.50 44 Gray Urinal Mat/Green Apple Scent 6/CS 3 EA $41.37 $124.11 45 Fresh-WAVE URINAL SCRN 994 EA $2.50 $2,485.00 46 Lysol Disinfectant All Purpose Spray 12/32oz 33 EA $3.57 $117.81 47 Lysol Disinfectant Deodorizing Cleaner 4/1GAL 4 EA $3.68 $14.71 48 Lysol HD Bathroom Clenr Concentrate 4/1 Gal 6 EA $3.68 $22.08 49 Lysol Disinfecting Wipes(4 pk-80 ct.) 15 EA $16.00 $240.00 50 Pine-Sol 12 EA $11.95 $143.40 51 Clorox Disinfecting Wipes(75 ct) 7 EA $4.98 $34.86 52 Clorox Disinfecting Spray 12 EA $7.74 $92.88 53 Bleach Clorox 3 EA $6.58 $19.74 54 Bowl Cleaner 16 EA $3.77 $60.32 55 Fabuloso 3 EA $7.27 $21.81 56 Mr. Clean,Finished Floor Clnr 3/1GAL 19 EA $59.87 $1,137.53 57 Glass Plus-Glass Cleaner Ammoniated Vista 4/1GAL 16 EA $47.19 $755.04 58 Ultra Germicidal Bleach 6%6/1GAL-CS 28 CS 10 EA $35.17 $351.70 Vendor Services Agreement American Facility Services,Inc. Page 30 of 32 City Secretary Contract No. 54363 Item DESCRIPTION OF LINE ITEMS QTY Unit Unit Total # Price 59 Polish,Furniture,Lemon 12/19oz 1 EA $111.93 $111.93 60 Purple Power Cleaner/Degreaser(Gal.) 3 EA $12.49 $37.47 61 Boraxo 14 EA $90.82 $1,271.48 62 24X33 Clr HI-D Can Liner 8MIC 12-16GAL 50BGS 31 EA $18.95 $587.45 63 30X37 Clear HI-D Can Liner IOMIC 20-30GAL 25 BG/RL 19 EA $15.59 $296.21 64 38X60 Clear HI-D Can Liner 17 MIC 60 GAL 25BGS/RL- 34 EA $25.20 $856.80 200BGS 65 40X48 Clear HI-D Can Liner 14MIC 40-45GAL 40 EA $19.95 $798.00 66 33X39 White LO-D Can Liner.8MIL 33GAL 110 EA $19.85 $2,183.50 67 30X36.45MIL Black MED Can Liner 250/CS 105 CS/PLT 11 EA $33.00 $363.00 68 38X58 Black LO-D Can Liner 55GL IAMIL Vhexin 13 EA $26.93 $350.09 69 Glad Forceflex Draw String Large Trash 12 EA $14.38 $172.56 70 Trash Bags 33 gallon 42 EA $29.00 $1,218.00 71 Trash Bags 60 gallon 32 EA $22.00 $704.00 72 Trash Bags 8-10 gallon 31 EA $16.22 $502.82 73 Medium Powder Free Latex Glove IOO/BX 7 EA $4.50 $31.50 74 Large Powder Free Latex Glove IOO/BX 8 EA $4.50 $36.00 75 Vinyl Glove Powder Free Clear Large IOO/BX 4 EA $4.50 $18.00 76 Scotch Sponge 3 EA $1.00 $3.00 77 Mop Head-Floor Finish 24oz Blue-Rayon Looped End 1 EA $15.99 $15.99 78 Broom,Angler,Flagged,Wood Handle,Plstc Bristl 12/CS 6 EA $7.99 $47.94 79 60"Plastic Jawns W/Vinyl Covered Aluminum Mop Handle 5 EA $6.95 $34.75 80 Synthetic Fiber Bowl Mop W/12"Long Plastic Handle 10 EA $2.85 $28.50 81 Micro-Fiber 16X16 Blue Cloth 12/CS 3 EA $9.50 $28.50 82 Airwick Freshmatic Freshwaters 6.17oz 10 EA $23.66 $236.60 83 Air Wick Scented Oil(2 pk) 2 EA $11.00 $22.00 84 Air Wick Scented Oil holder(2 pk) 2 EA $6.00 $12.00 85 Febreeze 17 EA $46.00 $782.00 86 All Purpose Spray Bottle 4 EA $0.69 $2.76 GRAND TOTAL $222,375.30 Vendor Services Agreement American Facility Services,Inc. Page 31 of 32 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY American Facility Services, Inc. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor.Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority.City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Harold Angel Position: Vice President tgnature 2. Name: Position: Signature 3. Name: Position: Signature Name: K cCann %- sue. gnature of Msident 1 CEO Other Title: Date: 3/31/2020 Vendor Services Agreement—Exhibit B Page 12 of 13 ITB-20-0088 Janitorial Services Page 98 of 109 M&C Review 8/17/2020 4:27:37 PM Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORIn REFERENCE M&C 20- 13P20-0088 JANITORIAL DATE: 8/11/2020 NO.: 0482 LOG NAME: SERVICES PROPERTY MANAGEMENT LH CODE: P TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize a Contract with American Facility Services for Janitorial Services for an Estimated Annual Amount Up to $5,000,000.00 for the City of Fort Worth with Four Annual Renewal Options (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) RECOMMENDATION: It is recommended that the City Council authorize a contract with American Facility Services for janitorial services for an estimated annual amount up to $5,000,000.00 for the City of Fort Worth and authorize four annual renewal options. DISCUSSION: Since the citywide Janitorial Services contract expires this year, the Purchasing Division contacted all City departments to determine their need in order to issue an Invitation to Bid (ITB). Once Purchasing received the departments requirements, Purchasing issued the bid. The bid consisted of detailed janitorial requirements for each location. It also contained detailed specifications regarding duties, performance expectations, required experience, scheduling and supervision requirements. The ITB was issued on February 26, 2020 with submission due by April 2, 2020. The RFP was advertised in the Fort Worth Star-Telegram every Wednesday from February 26, 2020 through April 2, 2020. Sixty(60)vendors were solicited from the purchasing vendor database system; Seven (7) responses were received. Each bid response received points based on a pre-established, best- value matrix of weighted factors and was scored according to price, years of experience and capabilities, performance with public and private entities and financial stability. American Facility Services and Regent Services scored the highest without considering hourly rate and the price of resale items such as cleaners, soap, etc. Staff requested American Facility Services and Regent Services to submit a price list of all resale items. Upon review of the information, American Facility Services received the highest overall score and was determined to present the best value to the City. American Facility Services current rate is $10.66 per hour and has currently bid $10.74 with a $0.12 cents per hour increase since 2015. Last year the City spent approximately$170,000.00 per month with a total not to exceed $1,656,250.00 per M&C P-11802. Staff is requesting $2,000,000.00 yearly for services and an additional $3,000,000.00 for additional cleanings and supplies due to Covid-19 in FY2020-2021. The additional $3,000,000.00 will be paid for by CARES Title V. funds the City has received and will have no impact on departmental budgets. Upon City Council approval, the agreement will begin upon execution and will end one year from that date. The contract contains provisions that no guarantee is made that a specific amount of services will be purchased and that city departments will acquire the services on an "as needed" basis. The contract may be renewed for up to four successive one-year term at the City's option. This action does not require specific City Council approval, provided that the City has appropriated sufficient funds to satisfy the City's obligations during the renewal term. This services will serve ALL COUNCIL DISTRICTS. M/WBE OFFICE -American Facility Services is in compliance with the City's BDE Ordinance by committing to 25 percent M/WBE participation on this project. The City's goal on this project is 5 percent. FISCAL INFORMATION/CERTIFICATION: Page 1 of 2 M&C Review 8/17/2020 4:27:37 PM The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as previously appropriated, in the General Fund, and that prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Reginald Zeno (2015) Additional Information Contact: Cynthia Garcia (8525) Laurena Hamilton (8321) ATTACHMENTS Page 2 of 2