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19-0702_GOLDEN TOUCH CLEANING SOLUTIONS INC._E10_Agenda ReportTO FROM 7t2t2019 E10 City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council Ø"nj^ in Siegel, City Manager Amendment No. 3 to the Personal Services Agreement for Custodial Services for City Facilities (Golden Touch Cleaning Solutions lnc.) SUBMITTED BY: Steve May, Public Works and Utilities Director ./tt tr- PREPARED BY: Tom Toman, Assistant Public Works Director DATE:July 2,2019 SUBJECT RECOMMENDAÏION Approve and authorize the City Manager to execute Amendment No. 3 to the Personal Service Agreement with Golden Touch Cleaning Solutions lnc. to provide custodial services for City facilities for a one-year period commencing on August 1, 2019, and ending July 31 ,2020, for a total amount not-to-exceed $97,000. DISCUSSION / ANALYSIS Golden Touch Cleaning Inc., now Golden Touch Cleaning Solutions lnc. (GTCS), has provided custodial seruices for City facilities since July 15, 2014. The initial three-year term of the Personal Services Agreement (PSA) with GTCS expired on July 31, 2017 (Attachment 1), with Amendment No. 1 to the PSA (Attachment 2) expiring on July 31, 2018, and Amendment No. 2 (Attachment 3) expiring on July 31 , 2019. The initial PSA allows for three, one-year extensions. Based on satisfactory performance over the past five years, staff recommends that the City Council approve and authorize the City Manager to execute Amendment No. 3 to the PSA with GTCS (Attachment 4) to provide custodial services for City facilities for an additional one-year period commencing on August 1,2019, and ending July 31 ,2020, for a total amount not-to-exceed $97,000. City Council Agenda Report July 2,2019 Paqe 2 of 2 FISCAL IMPACT Amendment No. 3 to the PSA with GTCS reflects a 3% increase in costs over the existing contract amount (as shown on Attachmerìt "A" of Attachment 4) to accommodate State of California minimum wage requirements, and a 5% contingency for any unanticipated or supplemental cleaning efforts. Funding for these services is included in the adopted Budget for Fiscal Year 2019-2020. ENVIRONMENTAL IMPACT: The proposed action of awarding a contract for custodial services is not subject to the California Environmental Protection Act (CEOA) pursuant to Section 15060(c)(3) of CEQA Guidelines because the action is not a project as defined in Section 15378 of the CEQA Guidelines, and the action has no potential for resulting in physical change to the environment, directly or indirectly. PRIOR CITY COUNCIL REVIEW On June 19,2018, the City Council approved and authorized the City Manager to execute Amendment No. 2 to the PSA with Golden Touch Cleaning lnc. to provide custodial services for City facilities for a one-year period commencing on August 1, 2018, and ending July 31,2019, for a total amount not-to-exceed $94,000. On June 20,2017, the City Council approved and authorized the City Manager to execute an amendment to the PSA with Golden Touch Cleaning lnc. to provide custodial services for City facilities for a one-year period commencing on August 1, 2017 , and ending July 31 , 2018, for a total amount not-to-exceed $89,1 84. On July 15,2014, the City Council approved the Personal Services Agreement with Goodmen Cleaning Services, now Golden Touch Cleaning lnc., to provide custodial services for City facilities for a three-year term for a total amount of $234,832. COMMISSION / COMMITTEE / BOARD REVIEW AND RECOMMENDATIONS This item does not require commission, committee, or board review. NOTlFICATION: Golden Touch Cleaning Solutions lnc. ATTACHMENTS: Attachment '1: July 15,2014, Professional Services Agreement Attachment 2: Amendment No. 1 Attachment 3: Amendment No. 2 Attachment 4: Proposed Amendment No. 3 o o PERSONAL ES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective 1¡¡s î' ) o iday of Ju þ.: , 2014, by and between the City of San Juan Capistrano (hereinafter referred to as the "Ciiy") and GCS, lnc., Goodmen Cleaning Services (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide custodial maintenance services for City facilities; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Contractor shall consist of those tasks as set forth in Exhibit "4," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the August 1,2014. This Agreement shall be for a three (3) year period of time with three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor's performance. Optional renewals may be subject to an adjustment tied to an All Urban Consumers Price lndex (CPl) adjustment as determined and approved by the City. This Agreement shall terminate on July 31,2020. Section 3.Gompensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount available in the City's adopted fiscal year operating budget for custodial services, payable at the rates set forth in "Exhibit 8", attached and incorporated herein by reference. 3.2 Method of PaYment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City 1 ATTACHMENT 1, PAGE 1 OF 7 will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. lnvoices shall be addressed as provided for in Section 16 below. Section 4.I ndependent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5.Limitations Upon Subcontractinq and Assiqnment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. lf Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the workwill be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. ln the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor fees. Section 7. Familiaritv with Work and/or Gonstruction Site By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there, and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work 2 ATTACHMENT 1, PAGE 2 OF 7 under this Agreement until written instructions are received from the City Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Gompliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10.Conflicts of lnterest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Copies of Work Product. At the completion of the work, Contractor shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Contractor's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section 13. lndemnitv. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 ATTACHMENT 1, PAGE 3 OF 7 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. lnsurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. lnsurance required herein shall be provided by lnsurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class Vll or better. 14.1 GomprehensiveGeneral Liability Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. lf a Commercial General Liability lnsurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability Throughout the term of this Agreement, Contractor shall maintain in fullforce and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1 ,ooo,ooo.oo). 14.3 Workers' Compensation lf Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability lnsurance in the statutory amount as requíred by state law. 4 ATTACHMENT 1, PAGE 4 OF 7 14.4 Proof of lnsurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Not applicable. 14.6 Notice of Cancellation/Termination of Insurance The above policy/policies shall notterminate, norshallthey be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a canceflation due to failure to pay a premium. 14.7 Terms of Gompensation Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. ln addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. lf the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice All notices shall be personally delivered or mailed to the below listed addresses, or 5 ATTACHMENT 1, PAGE 5 OF 7 to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City:City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten To Contractor:GCS, lnc., Goodmen Cleaning Services 14252 Culver Drive, Suite A lryine, CA 92604 Attn: Luis Mejia Section 17. Attornevs' Fees lf any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution ln the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparûs and Facsimile siqnatures. This Agreement may be executed bythe Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. ISTGNATURE PAGE FOLLOWSI 6 ATTACHMENT 1, PAGE 6 OF 7 lN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: ALL CONTRAC c{ü.t¿¿¿ By: ATT ! ì tì Maria Märriå, eity Clerk APPROVED AS TO FORM Hans Va n , City Attorney lllr 7 ATTACHMENT 1, PAGE 7 OF 7 J\iVIENDÑIEN'T NO. I TO THE PERSONAL SERVIC]ËS ,\CREENIIiN'I' BETWEIiN THg C:t'I'Y Otr S,\N.lU^N C,\tllSTRÅNO AND COI,DEN'TOUCII CL¡],\N IN(;, IN( l. Partics ¡tnd Datc. þis Ä(lris i;L'r'lay ul'",2nl7,lrv lntl bct*'scn thc ('ity ul'Siln Junu ('lpiritliuìo, il nrcrrtlmcrrl.I lo thc Pr:rson:tl Scn'iccs r\grccrrrerrt is ln¡¡rlc ¡ntl el¡tcrutl irrlrl trs ol' muniui¡rnl organizatírln r izctl ulrtlcr lltu li¡rvs uf'thc Statc rrl'('llili¡nlirr u,ith i¡s prirrr;i¡ral ¡rlircc cl' business at 31400 Paseo r\clclitntç. Sa¡r Juart Cn¡ristrtrlo. (lalilìrrni¿r 92675 ("City") ¡rnd Cjolilclr'l-iiuelt Clcrtttiltg, Irtc.. ¿r f'o11rt:rirlion rlith its ¡lrinci¡ritl ¡rllce ot'[rr¡sirrcss lt l.l(rlil Ne*'¡ro11 .,\r,t:rrr¡c. Suitc 8, Tustilt, Calilìlrni¿ 927iì()-7li l5 {Cotrlrae tor). City antl Cìrntractor itrc s()nìctirncs irrtlivirluitlly rcfcrrcd [o as "Party^'and collectivelv as "Parlics." 2. Recitals. l.l Conlracttlr. 'l'hc ('it1'alld Contr¡rctor hírve cnl.crcrl into l¡l l-l:¡'ccnìù¡ìt elrtitlcd Pcrsorritl Scn'iccs .{grectttcnt datctl July 15. l0 l.t ('-;\grccrncnt") trlr tlrc ¡luqlosc ol'rcllining thr-r scn'iccs ot' Contr¿ctor to providc rustodial maintcnancc scrr,iccs for Cit¡r tircilitics, 2.2 ;\tnt:ntl¡ncrtt l)ttr"¡rglc. 'l'hc City artd C0ntrasttlr dcsirc to illllcnrl thc r\grccnrr;rrt trr cxtcnd the tenn ol the Agree tncnt and to makc i¡ c()rresponrling increasc trl thc ralcs as agrccd to by lhc Partics. 3, Tcrms. l.l ¡\nt-pqtlnrc[!, 'fhc i\grccrncttt tcnn Lrtdcr Scction ] ot llrc ,.\srccrnerrt is hcreht extended tbr an additional year cotn¡nencing on i\ugust l. :017 ("Extcnclcd'fcnn"). 3.1 ;\ntcnctntcnl. Corn¡rens:ttitln lirr sertices pcrlonncd bv Contractur rrntlcl'this .,\grccmcnt during the Extcntle<l Term shall bc at thc ratcs a¡tached hcrcto as ..\ttachnrcnr ".,\". n,hich arc incoqroratcd herein bv tlris re fcrcnsc. 1.3 CÕntinuing El't-ecl ol''\r¡r'{:cncnt. Except ¡rs a¡ncndcrl by' this ¡\ntcnrlmcnt No.l. all othcr provisions olthc z\grccmcnt rcnlain irr lï¡ll I'orcc anrl cl'tl'ct antl shrrll q()\'cnr thc aetiorrs ol'tlre partics untlcr tltis ,,\rrtcrttlmc¡r{ Nrl. l. [;ro¡n anrl ¿rlicr lhu <l¡rtc ol'this r\nrcurlnlurt No. I. *'hencvcr l'ogc I ol'{ ATTACHMENT 2, PAGE 1 OF 4 the t€rtr "Agr€emont" appears in the Agreement, it shall mean the Agreement as amended by this AmendmentNo. l. 3.4 Adc$ntc Considgration. TheParties hereto inevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. l. 3.5 Seveisbiliw. Ifany portion of this Amendment No. I is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the ¡emaining provisions shall continue in ñ¡ll force and effect. [Slgnatures on Next Pegel Page 2 of4 ATTACHMENT 2, PAGE 2 OF 4 slG\,\'l'tlRl: p,\cti F(tR ,\\tf..\t)\ili\.r \{). I .t.o p}:RNo\.\t,.\t1R\.lctis .\(;Rt:t:il t:\IB['rtvEËr T]lE CtI'\ O['S,\\ ,il..t\ c.r\plsTR.\\o ,\ \ t) f;()LD¡.\,1'ot;('I I (.t.t..\\ I \(;. I \(.'. CITY OF SAN JUAN N TOUCH CLEANING.INC. t,II a- Date Approved As To Form l{ll:l Name Title 'i- k Date t-. '! I . ft.luc J r, t'J ATTACHMENT 2, PAGE 3 OF 4 a ^ÀTTACHMENT "A' COMPENSATION RATES Name/ Locatlon A¡ea Regular Malntenance Schedulo Scheduled Monthlv ctÏt fiAu rAcluM¡VEARONE 1. C¡ty HallMaln 8lds.t2,740s.t.5 days /week 1,298 2. Clty HallTrailerA 800 5.F.5 davs /week 95 3. Clty Hall Traller B 690 S.F.5 davs /week 76 4. CIW Hall Traller C 1.152 S.F.5 days /week 139 7. Clty Yard Malntenance Offlces {Publlc Works and Utllltlesl 2.000 s.F 5 days /week 253 L Hot Sprlngs Dance Hall (Police Servlcesl 2,200 s.F.7 days /week 380 EOiûId¡IüLCEilTgR AREA 1. Communlty Center 14000 s.F.7 davs /week 1,774 2. Gymnasium 12,000 s.F 7 days /week 1,370 3. Bovs and Glrls Club Lobbv 1,000 5.F,7 days /week 253 4. Gymnasium Sestroom ¡m0 s.F.7 days /week t27 I,ÎITITY OEPAFNrufiTANEA 1. Publlc Works & Utlllty Dept Offlces 2.s00 s.F.5 days /week 316 2. Ground Water Recovery Plant - Control Room and Restroom 320 S.F.5 days /week 63 3. Water Treatment Area (Plant lnterlor Floorln¡l Ls00 s.F.2 davs /month 70 OTHER FACIUTIES 1. laCouague- Klndergarten Readlness Procram 4,000 s.F 7 davs /week 760 2. !a Sala 2.7705.F.3 davs /week 182 3. Nydegßer Bldc.1,500 s.F.3 days /week 108 4. Reata Park and Event Center (Ramos House)1,575 S,F,5 days /week L67 Total Monthly Cost Total YeadyCost 7't132 89,194 Page 4 of4 ATTACHMENT 2, PAGE 4 OF 4 AMENDMENT NO.2 TO THE PBRSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JTIAN CAPISTRANO AND GOLDAN TOUCH CLEANING, INC. 1. Parties and Date. This Amendment No. 2 to the Personal Services Agreement is made and entered into as of this l9'h day of June, 2018, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 3240A Paseo Adelanto, San Juan Capistrano, Calif'omia 92675 ("City") and Golden Touch Cleaning, lnc., a Corporation with its principal place of business at 13681 Newport Avenue, Suite 8, Tustin, Califbrnia 92780-7815 (Contractor). City and Conhactor are sometimes individually refèrred to as "Party" and collectively as "Pal'ties." 2. Recitals. 2.1 Contraclel. The City and Contractor have entered into an agreement entitled Personal Services Agreement dated July 15,2014 ("Agreement") for the purpose of retaining the services of Contractor to provide custodial maintenance services f.or City fäcilities. 2.2 Amendment Purposq. The City and Contractor previously amended the Agreement to extend the term fbr one additional year pursuant to Amendment No. I to the Agreement dated June 20,2017 ("Amendment Nc¡. l"). 'fhe City and Contractor desire to amend the Agreement to lurther extend the term of the Agreement for an additional one-year period beginning August 1,2018, and ending July 31,2019. 3. Terms. 3.1 Amendmen!. The Agreement term under Section 2 of the Agreement, as amended andextendedbyAmendmentNo. l,isherebyextendedf'orone(l)additionalyear commencingon August 1,2018, and expiring July 31.2019 ("Second Renewal Term"), unless earlier terminated or further exten<ied pursuant to the terms of the Agreement. 3.2. Amendment. Compensation for services perfbrmed by Contractor under this Agreement during the Second Renewal 'ferm shall be at the rates attached hereto as Attachment'04", which are incorporated herein by this refèrence. ATTACHMENT 3, PAGE 1 OF 4 3.3 Continuins ElTect of Aereement. Except as amended by this Amendment No.2, all other provisions of the Agreement remain in full lbrce and effect and shall govern the actions of the parties under this Amendment No.2. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by Amendment No. I and this Amendment No. 2. 3.4 Adequate Çpnsideration. The Parties hereto inevocably stipulate and agree that they have each rcccived adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signaturcs on Next Pagel ATTACHMENT 3, PAGE 2 OF 4 STGNATURB PAGE FOR AMENDMENT NO. 2 TO PERSONAL SERVTCES AGREEMENT BET1VEEN THE CÍTY OF SAN JUAN CAPISTRANO AND GOLDEN TOUCH CT.EANING' TNC. CITY OF SAN JUAN CAPISTRANO GOLDEN TOUCH CLEANING, INC. Approved By &A /¿a -n¿ Signature -i-\I )e!-rr \rrn'l l"ytlrrr r I - zt -iç"'Name Date a rùs' rl TitleA f ¡- r,Ltr L,5"2-C\ ñTiv ity Clerk Date Appravad As Io Form City Attorney ATTACHMENT 3, PAGE 3 OF 4 ATTACHMENT ..A" COMPENSATTON RATES Name/ Location Area Rcgulrr Maintennnce Schedule Schedulcd ùlonthlv CITY HALL F'ACILTTIES 2,." RtrNE\ryAL l. ciry Flalt Main Bldg.r2.740 S.F.5 days /week 1.298 2. Ciry Flall Trailer A 800 s.F 5 days /weck 96 l. City Hall "Irailer B ó90 s.F 5 days /week 76 4. Citv f-lall Trailer C r. t52 s.F 5 days /week 5 days /week 139 253 7 . Ciry Yard Maintenance ()f fìces blic Works ancl Utilities) 8. l-lot Springs Dancc Hall (Police Scrvices) COMMUNITL CENTER ÀRt]A 2.000 s.F 2.200 s.F 7 days /week 380 l. Community Center l4^000 s.F.7 days hvcck 1.774 2, Gvmnasium r2,000 s.F 7 d¡y5 /week 1,370 3. Boys and Girls Club Lobby t"000 s,F.7 davs /rveek 253 tzl.1, Gymnasir¡m Restrootn 400 s,tì,7 davs /week UTILITY DEPARTMENT AREA 5 days /week l. Public Works & LJtility Dept ()tïces 2,500 s.r-316 2. Ground Watel Recovcry Plant - Control Roonr an<J Restroom 3. Water-l'reatnìent Area (Plant fnterior Flooring) 320 S.F.5 days /week 63 r.500 s.F 2 days /month 70 OTHEE EACILITItrS I . LaCouague- Kinclergarten l{eadiness Progrant 4,000 s.F.7 clays /wcck 760 2. La Sala 2J7A S.F I days lweek 182 3, Nydeeeer Blds.r.500 s.F 3 days /week 108 4. Reata Park ancl Event Center (Ramos Flot¡se)t.575 S.tr 5 davs /week t61 Total Monthly Cost Total Yearly Cost 1,432 89.184 ATTACHMENT 3, PAGE 4 OF 4 AMENDMENT NO.3 TO THE PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GOLDEN TOUCH CLEANING SOLUTIONS INC. (FORMERLY GOLDEN TOUCH CLBANING INC.) 1. Parties and Date. This Amendment No. 3 to the Personal Services Agreement is made ancl entered into as of this 2nd day of July, 2019, by and among the City of San Juan Capistrarlo, a municipal organization organized under the laws of the State of California with its principal place of business at 3240A Paseo Adelanto, San Juan Capistrano, California 92675 ("City"), Golden Touch Cleaning Inc., a California corporation with its principal place of business at 13681 Newport Avenue, Suite 8, Tustin, Califomia 92780-7815 ("Assignor"), and Golden Touch Cleaning Solutions Inç., a Califomia corporation with its principal place of business at 13681 Newport Avenue, Suite 8, Tustin, California 9278A-7815 ("Assignee"). City, Assignor anci Assignee ars sometimes individually referred to as "Pafty" and collectively as "Parties." 2. Recitals. 2.1 Assignor. The City and Assignor have entercd into an agreement entítled Personal Services Agreement dated July 15,2014 ("Agreement") for the purpose of retaining the services of Assignor to provide custodial maintenance services for: City FacilitÍes. 2.2 Assignee. Assignee is an organization in good standing and validly existing under the laws of the State of Califomia and is in the process of being assigned all of Assignor's rights, duties, and obligations in, to, and under the Agreement. 2.3 Amend{nent. Pufpose. The City and Assignor previously amended the Agreement to extend the term for onc additional year pursuant to Amendment No. 2 to the Agreement dated June 19, 2018 ("Amendment No. 2"). Assignor and Assignee desire to obtain City's consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions. Further, the Parties desire to amend the Agreement to further extend the term of the Agreemcnt for an additional one-year period bcginning August l,2Al9, and ending July 31,202A. 3. Terms. 3.1 Amendnlent. The Agreement term under Section 2 of the Agreement, as amended and extended by Amendment Nos. I and 2, is hereby e*tıitAOHMEòl$ (tf,SGüt6QF fear commencing on August I , 201 9, and cxpiring July 3 l, 2A20 ("Third Renewal Term"), unless earlier tenninated or further extended pursuant to the terms of the Agreement. 3.2. Amendment. Compensation for services performed by Assignor under this Agreement during lhe Third Renewal Term shall be at the rates attached hereto as Attachment'04", r,vhich are incorporatecl herein by this reference. 3.3 A$qigr¡ment and AssFmption. Assignor hereby assigns all of Assignor's rights, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement. City shall have the same rights and remedies as against the Assignee as City uncler the terms and provisions of the Agreement has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. Assignee shall have the same rights and remedies as against the City as Assignor under the terms and provisions of the Agreement has against City with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. Assignce's execution of this Amendment No. 3 shall be deerned an execution by Assignee of the Agreement. Upon execution of this Amendment No. 3, Assignee shall be deemed a signatory and party to the Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound by all covenants, obligations and conditions of the Agreement by its execution hereunder. This Amendment No. 3 does not constitute a consent to any subscqucnt assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of City to any future assignment. Notwithstanding the foregoing, City may consent to subsequent assignments of the Agreement, or amend the Agrecmcnt without notifying Assignor, in'cluding but not limited to any of Assignor's guarantors, and without obtaining their consent, and that action by Assignee will not relieve those persons of liability. 3.4 References. All references and meaning assigned to the term "Contractor" in the Agreement shall be understood to mean Assignee and shall include all of the corresponding rights, obligations ancl benefits thereof as provicled by this Amendment No. 3 and the Agreement. 3.5 Continuing Effect of Agrcemsnt. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govem the actions of the parties under this Amendmenf No.3. From and after thc date of this Amendment No, 3, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amcnded by Amendment Nos. 1 andZ and this Amendment No. 3. 3,6 Aelequats Consjdgration. The Parties hereto irrevocably stipulate and agrcc that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. 3.7 Severabilly. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforoeable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. ISignatures on Next Pagel ATTACHMENT 4, PAGE 2 OF 4 S]GNA"I"URli PAcl': FOR AMþlNDl!,lEN]' Nû. 3 TO PITIISONAL S f1 lìV f C LiS ^(ill EËllf LlNl- BETWF;EN TÏ{F' CITY CIF SAN JUAN C;\PISTI{¡\Nû AND G()LDËN TOtiCH CLEAN TNG SOLUTION S INC. (FORMERLY GOLDEN TOUCH CLEANING rNC.) FOR CITY CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Dâte Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney FOR ASSIGNOR ïo CLEANING INC. Signature Name [)rrûçir l¿¡rrrl Title ft-n-t0l Date FOR ASSIGNEE GOLDEN TOUCH NG SOLUTI Signature Name tvl Pr¡0ticknl Title u-11-lc1 Date ATTACHMENT 4, PAGE 3 OF 4 ATTACHMENT "A, COMPENSATION RATES Name/ Location Area Regular Maintenance Schedule Scheduled Monthlv CITY HALL FACILITIES Current ProDosed l. Citv FIall Main tildc.r2.740 S.F.5 davs /week t_298 1336.94 2. Citv FIal1 'l'railer A 800 s.F 5 days /week 96 98.88 3. City Hall Trailer B 690 S.F 5 days /wcck 76 78.28 4. Citv Hall Trailer C t,152 s.F 5 days /weck 139 r43.17 7. City Yard Maintenance Ofhces (Public Works and Utilities)2.000 s.t 5 days /week 2s3 260.s9 8. Hot Springs Dancc Hall (Police Services)2,200 s.F 7 ilays /weck 380 391.40 coMMUNrrY qFNl'llR AREA L Community Center 14.000 s.F.7 days /week 7't74 1827.22 2. Gymnasium 12,000 s F 7 days /week t310 1411.10 3. Boys and Girls Cltrb Lobby 1.000 s.F.7 days /week 2s3 260.s9 4. Gymnasium l{estroom 400 s.F.7 days iweek 127 130.81 UTTT.ITY DEPARTMF'.NT ARBÄ 1. Public Works & Utility Dept Offices 2,500 s.F.5 days /week 116 32s.48 2. Ground Water Recovery Plant - Control Room and Restroom 320 S.ir 5 days /week 53 64.89 3. Water'l'reatment Area (Plant Interior Flooring)1.500 s.r,'2 days /month 70 72.14 OTHER FACILITIES 1, I.aCouague- Kindergarten Readiness Program 4.000 s.F.7 davs /week 76r)782.80 2. La Sala 2,77A S.F 3 days /week t82 t87.46 3. Nvdesgcr Blde,r,500 s F.3 days /weçk r08 tlL.24 4. Reata Park and Event Center lRamos Flouse)1,575 S.F,5 days /week 167 172.0t Total Monthly Cost Total Yearlv Cost 7432 76sj'96-.., )t859.s289.1 84 ATTACHMENT 4, PAGE 4 OF 4