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C2011-005 - 1/11/2011 - Approved
Attachment I SERVICE AGREEMENT No.: BI- 0130 -10 THIS Custodial Service CONTRACT (this "Agreement ") is entered into by and between McLemore Building Maintenance and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Service for Police Department Main Building & Municipal Court, 321 John Sartain St., in response to and in accordance with Bid Invitation No. BI- 0130 -10, including Specification No. 1063, dated 4/28/10 which is incorporated and attached as Exhibit A); WHEREAS the City has determined Contractor to be the best value bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for Police Department Main Building & Municipal Court, 321 John Sartain St., in accordance with Bid Invitation No. BI- 0130-10, including Specification No. 1063. 2. Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Facilities Maintenance Superintendent at the Police Department. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own mariner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 2011 -005 M2011 -002 01/11/11 McLemore Building Maintenance INDEXED 2 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0130 -10 including Specification No. 1063, waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Aaron Rios, Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 3 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0130 -10, including Specification No. 1063. Failure to keep all insurance policies and fidelity bonds in force for the entire term of this Agreement is grounds for termination. The City must give Contractor 5 work days' written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 16. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is received on the day faxed or hand delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Aaron Rios, Facilities Maintenance Superintendent, Police Department P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FAX No.: (361) 886 -2611 IF TO CONTRACTOR: Contractor Name: McLemore Building Maintenance Contact Person: Curtis McLemore Address: 110 Fargo City, State, Zip: Houston Texas 77006 Fax No.: 713- 523 -4341 4 17. Month -to -Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods /services under this Agreement, at the most current price under the terms of this service agreement or extension, on a month -to- month basis, not to exceed six months. This service agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 24th day of May Michael ► arrera Assistant Director of Financial Services ,2010 . Contractor: Name: Curtis McLemore Title: Chief Executive Officer Date: APPROVED THIS 21 DAY OF , 20 I a CARLOS VALDEZ, CITY ATTORNEY By: st City Attorney 5 1'14-nl( 41d AUTHORIZED BY COUNCIL...d. I 1 SECRI;7ARY Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0130 -10 (Includes Specification No. 1063 and Insurance Requirements) ST: . ARMCO CHAP CITY SECR F T Af`P INVITATION TO: This invitation includes these forms: *Bid Invitation Notice to All Bidders Instructions to Bidders Standard Purchase Terms & Conditions *Bid Sheet Supply Agreement Standard Provisions Specification No. 1063 Additional Instructions to Bidders Insurance Requirements *Attachment I Service Agreement (Submit *Minority Business Enterprise Information Form *Disclosure of Interest CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277. BID INVITATION INVITATION NO.: BI- 0130 -10 (Must appear on Bidder's return envelope) COMMODITY: Custodial Service for Police Department's Main Building located at 321 John Sartain St. REQUISITION NO. (S) N/A BID CLOSING T (By Purchasing -1 - -. a, = -. anon .1• E: 11:00 A.M., May 26, 2010 sion Time Stamp) abriel Maldonado Senior Buyer 7,4 Telephone: (361) 826 -3165 Email: gabrielm @cctexas.com 3 duplicate originals) *These documents must be properly completed and returned. BID (Refer to "Instructions to Bidders" before completing) The undersigned, by his/her signature, represents that he/she is authorized to bind the Bidder to fully comply with the terms and conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown on the accompanying bid sheet(s), if the offer is accepted within _ calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Name: Address: City: State: Zip: Signature of Person Authorized to Sign Bid Signer's Name: (Please print or type) Title: Telephone: Fax: E -mail: Date: Ext. May 7, 2010 ALL PROSPECTIVE BIDDERS SUBJECT: Pre -Bid Conference Bid Invitation No. BI- 0130 -10 Custodial Service for Police Department's Main Building located at 321 John Sartain St. A pre -bid conference will be held in the Administrative Conference Room, 5th Floor, Police Department Building, 321 John Sartain at 10:00 a.m., Mondavi Mav 17, 2010. The purpose of the conference is to discuss the bid invitation and specifications. You are encouraged to attend the conference to provide input into the discussion. Bidder will be provided a tour of the Main Police Building immediately following the pre -bid conference. Bidders are expected to satisfy themselves as to the general and local conditions that may affect the cost of the performance of the work to the extent that such information is reasonably obtainable. It is considered impractical to determine, without inspection, the exact nature of the work and site conditions under which the work is to be performed. Gabriel Maldonado Senior Buyer NOTICE TO ALL BIDDERS I. BIDDER SHALL ENCLOSE IN A SEALED ENVELOPE ADDRESSED TO THE CITY OF CORPUS CHRISTI, PURCHASING DIVISION, ONE ORIGINAL AND ONE COPY OF ALL BID DOCUMENTS SUBMITTED. The bid invitation number and bid opening date must be shown in the lower left hand comer of the sealed envelope. 2. The Bid Invitation and all Bid Sheets must be signed by Bidder. 3. Bidder must state if bid is all or none, or if any other conditions apply, otherwise, City may pick and choose any item or group of items according to the City's best interest. Before submitting your bid, please read all bid invitation documents carefully. If there are questions, contact the buyer indicated on the Bid Invitation. Any discrepancies between the bid invitation and the Bidder's response generally extend the bid evaluation period and often cause the bid to be declared non - responsive. FACSIMILE AND ELECTRONIC MAIL BIDS: The City Charter requires that all bids submitted be sealed and delivered in the manner required by the bid invitation, to be opened in the presence of one or more City employees and those Bidders desiring to be present. Therefore, bids submitted directly to the City by facsimile machine or electronic mail will be considered non - responsive. CITY OF CORPUS CHRISTI PURCHASING DIVISION INSTRUCTIONS TO BIDDERS Preparation of Bids Any explanation desired by a Bidder regarding the meaning or interpretation of the invitation, drawings, specifications, etc., must be requested in writing to Purchasing with sufficient time allowed for a reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective Bidder concerning an invitation will be furnished to ail prospective Bidders as an amendment to the invitation, if such information is necessary to Bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed Bidders. 1. Specifications Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so will be at the Bidder's risk. Bidders may provide a product exceeding specifications, as an alternate bid, if they so desire. 2. Information Required Each Bidder shall furnish the information required by the invitation. The Bidder shall sign the Bid Invitation, Bid Sheet, and, when appropriate, Specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the City purchasing office. A. The Bidder should quote its lowest and best price, F.O.B. destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as to indicate "price break" quantities in order for the City to determine maximum economic benefits. Pricing should include packaging and transportation unless otherwise specified. Pricing shall be entered on the Bid Sheet in ink or typewritten. Totals shall be entered in the "Total Price" column of the Bid Sheet. In case of discrepancy between unit price and extended price, the unit price will be presumed to be correct. B. Bids should be firm. If the Bidder, however, believes it necessary to base its price on price adjustment, such a bid may be considered, but only as an alternate bid. C. Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately; provided, however, that the City shall have the right to designate what method of transportation shall be used to ship the goods. D. Taxes. The City does not have to pay Federal Excise Taxes and Texas and local retail sales and use taxes. Tax exemption certificates can be provided upon request. E. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. Time of delivery is part of the bid and very important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated, Bidder shall state its best delivery time. F. If the bid invitation indicates "approved equal" products are acceptable, the seller may offer an "equal" product as an alternate bid. Final "approved equal" determination remains with the City. G. Bids submitted on other than City forms or with different terms or provisions may not be considered as responsive bids. 3. Submission of Bids A. Sealed bids should be returned in an envelope marked on the outside with the Bidder's name and address and bid number. Address to: City of Corpus Christi Purchasing Division P. O. Box 9277 Corpus Christi, Texas 78469 -9277 BID NO.: BID DATE: B. Sealed bids may be delivered in person or by courier to the Purchasing Division on the 4th Floor of City Hall at 1201 Leopard Street, Corpus Christi, Texas, 78401 -2825. C. Bids must be returned in sufficient time so as to be received and time stamped at the above location on or before the published bid date and time shown on the bid invitation. Bids received after the published time and date cannot be considered, 4. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or telegraphic notice received by the City purchasing office prior to the exact hour and date specified for receipt of bids. A bid may also be withdrawn in person by a Bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact hour and date set for the receipt of bids. 5. Evaluation Factors A. Most Advantageous Bid. The City will award purchase orders and contracts to the lowest and responsible Bidder which represents the most advantageous bid to the City, price and other factors considered. In determining the "most advantageous" bid or proposal, price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, product warranty, a Bidder's proposed service, ability to supply and provide service, delivery to required schedules, and past performance in other contracts with the City including timely delivery. B. Best Value Bid. Alternatively, the City may award purchase orders and contracts to the Bidder who submits the overall best value based upon the criteria set out in the bid. C. Partial Awards. Bidders may furnish pricing for all or any portion of the bid invitation, Unless the Bidder specifies otherwise in his bid, the City may award the contract for any item or group of items shown on the bid invitation. D. Reservations. The City expressly reserves the right to: I. Waive as an informality, minor deviations from specifications at a lower price than the low bid meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; 2. Waive any defect, irregularity or informality in any bid or bidding procedure; 3. Reject or cancel any or all bids; 4. Reissue a bid invitation; 5. Extend the bid opening time and date; 6. Procure any item by other means; 7. Increase or decrease the quantity specified in the bid invitation, unless the Bidder specifies otherwise; 8. Consider and accept an alternate bid as provided- herein when most advantageous to the City. 6. Acceptance Acceptance of Bidder's offer for an open market purchase will be in the form of a purchase order. Acceptance of Bidder's offer for supply agreements will be by acceptance letter. Subsequent purchase orders and release orders may be issued as appropriate. 7. Conflicts of Interest Bidders must comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Prior to the submission of any bid, each Bidder must file with the City purchasing office a disclosure of interests on the form supplied by the City. Bidders are obligated to provide updated information concerning the disclosure of interests, as warranted, throughout the time the bids are being considered. Bidders who already have a current disclosure of interest form on file in the City purchasing office will not be required to submit a separate form with their bids provided that they have signed the certificate on the Bid Sheet certifying that the disclosure of interest information on file is current and true. 8. Equal Employment Opportunity Bidders are expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning contractors. Any complaints filed with the City alleging that a Bidder is not an Equal Opportunity Employer due to activities arising during a previous City contract will be referred to the human relations commission of the City for the purpose of review and recommendation. Summaries of reports by the human relations administrator or the commission may be considered in any future bid awards by the City. The City expressly reserves the right to consider such reports in determining the best bid. CITY OF CORPUS CHRISTI PURCHASING DIVISION STANDARD PURCHASE TERMS AND CONDITIONS Seller and City agree as follows 1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address; (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE & RISK OF LOSS The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES F.O.B. destination unless delivery terms are specified otherwise in bid. City agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid, or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided City shall have the right to designate what method of transportation shall be used to ship the goods. 5. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify City of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the purchase order entitled "Receiving Agency." Any change thereto shall be effected by modification as provided for in Clause 20 hereof entitled "Modifications." The terms of this agreement are "no arrival, no sale." 7. INVOICES & PAYMENTS a. Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mali to: Accounting Division, City of Corpus Christi, P. 0. Box 9277, Corpus Christi, Texas 78469. Payment shall not be due until the above instruments are submitted after delivery. b. City's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for good will be returned to Seller by City. c. Do not include Federal Excise, State or City Sales Tax. City shall furnish tax exemption certificates upon request. d. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 8. GRATUITIES The City may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is cancelled by City pursuant to this provision, City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 9. SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost deny special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 10. WARRANTY -PRICE a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative, City may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel this contract without ]]ability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11. WARRANTY - PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City, Seller warrants that the goods furnished will conform to the specifications, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 12. SAFETY WARRANTY Seller warrants that the product sold to City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health ACT (OSHA). In the event the product does not conform to OSHA standards, City may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by City will be at Seller's expense. 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall City be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like. if Seller is of the opinion that an infringement or the lr1ce will result, he will notify City to this effect in writing within two weeks after the signing of this agreement. If City does not receive notice and is subsequently held liable for the infringement or the like, Seller will save City harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that City will pay Seller the reasonable cost of his search as to infringements. 14. RIGHTS OF 1NSPECTION City shall have the right to inspect the goods at delivery before accepting them. 15. CANCELLATION City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which City may have in law or equity. 16. TERMINATION The performance of work under this order may be terminated in whole, or in part by the City in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights of City set forth in Clause 15, herein. 17. FORCE MAJEURE Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 18. ASSIGNMENT - DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 19. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. MODIFICATIONS This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 21. INTERPRETATION -PAROL EVIDENCE This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the 'performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 22. APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 23. ADVERTISING Seller shall not advertise or publish, without City's prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government. 24. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. EQUAL EMPLOYMENT OPPORTUNITY Seller agrees that during the performance of its contract it will: a. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap. b. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Seller shall be advised of any complaints filed with the City alleging that Seller is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Seller is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted. 26. CONFLICTS OF INTEREST Seller agrees to comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Seller agrees to maintain current, updated disclosure of information on file with the City purchasing office throughout the term of this contract. DATE: CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0130 -10 BIDDER PAGE 1OF1 AUTHORIZED SIGNATURE 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, I certify: a. That the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other bidder or competitor, for the purpose of restricting competition with regard to prices; b. That I am an Equal Opportunity Employer; and c. That the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Twelve month Service Agreement with options to extend for up to two (2) additional twelve month periods, subject to the approval of the service provider and the City Manager or his designee for Custodial Service at the Police Department's Main Building located at 321 John Sartain St., in accordance with Specification No. 1063. Main Police Building (Includes Main Police Station and Municipal Court) 321 John Sartain St. NOTE: Attachment I (Service Agreement) Bidders will be required to sign attached contract marked as Attachment I. The signed contract will be made part of bidder's offer and must be returned with bid. Failure to do so may result in your bid being deemed non - responsive. The City will complete the successful bidder's contract when offer is accepted. 12 Mo. CITY OF CORPUS CHRISTI PURCHASING DIVISION SERVICE AGREEMENT STANDARD PROVISIONS Contractor and the City of Corpus Christi agree as follows: 1. Term. The term of this Service Agreement is twelve months, with the option to extend for up to two additional twelve -month periods, subject to the approval of the Contractor and the City Manager, or his designee. If the City has not completed the bidding process and awarded a new service agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods /services under this Agreement, at the most current price under the terms of this service agreement or extension, on a month -to -month basis, not to exceed six months. This service agreement automatically expires on the effective date of a new contract. 2. Description - Sale of Goods and Services. Contractor will transfer and deliver to the City, and the City will pay for and accept the City's requirements, during the term of the Agreement for all of the items described on the Bid Sheet(s). Quantities shown on the Bid Sheet(s) are estimates and do not obligate the City to order or accept more than the City's actual requirements during the Agreement, nor do the estimates limit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. 3. Purchase Order. The City will exercise its right to specify time, place and quantity to be delivered in the following manner: Any City department or division may send to seller a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Supply Agreement and will specify the item, quantity, delivery date, shipping instructions and receiving address of the ordering department or division. 4. Default In One Installment to Constitute Total Breach. Each installment of this Agreement is dependent on every other installment, and a delivery of non - conforming goods or services, or a default of any nature under one installment will impair the value of the whole Agreement and may constitute a total breach of the Agreement. 5. Replacement of Merchandise. Any merchandise rejected must be corrected or replaced by suitable merchandise within two weeks, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 6. Price Adjustment. All goods and services to be delivered pursuant to this Service Agreement, including any extensions thereof, will be purchased at the prices on the Contractor's Bid Sheet, provided that, at renewal or extension of the Agreement for an additional twelve- months period(s), the prices for goods and services to be delivered during the ensuing twelve -month period(s) may be increased or decreased to the extent of changes in the cost of material to the Contractor, as reflected in written documentation provided by the Contractor to the City. CITY OF CORPUS CHRISTI MATERIALS MANAGEMENT SECTION I SPECIFICATIONNO. 1063 DATE: 4/28/10 PAGE 1 OF 17 SPECIFICATIONS FOR CUSTODIAL SERVICES FOR THE MAIN POLICE BUILDING General Requirements and Bidding Instructions 1. GENERAL INTENTION: The purpose of this specification is to obtain custodial services as specified in the standards contained herein. 2. GENERAL DESCRIPTION: The services the contractor will provide include furnishing all management effort, supervision, transportation, labor, equipment, approved materials and supplies to perform custodial services as required. 3. LOCATIONS: The work will be located in the Main Police Building (includes Main Police Station and Municipal Court), 321 John Sartain Street. 4. TERM OF CONTRACT: The term of the contract will be twelve months with option to extend for up to two (2) additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. 5. PRE -AWARD SURVEY: The City may make a pre -award survey of the Best Value conforming bidder to determine whether such bidder is qualified and capable to perform the contract. The pre -award survey will involve examination of the bidder's financial and technical status and its understanding of the contract requirements. The following are examples of the type of information that, upon request, the bidder will be prepared to provide in writing to the pre -award survey team. Requested information will be forwarded within three (3) days of such a request: a. Identification of Contractor's personnel and management to be used on this contract, to include the complete name, social security number, date of birth, height and weight for all employees who will work in any Police Building. b. The Contractor's technical and management plan for performing the required services. Contractor will provide anticipated work schedule showing projected work times, days, number and names of personnel. SPECIFICATION NO. 1063 PAGE 2 OF 17 c. Description of Contractor's facilities and equipment. d. Summary of the Contractor's experience in performing work of this type, similar size, scope and nature required by this specification. Recommend that contractor have at least three years of prior experience working in large commercial buildings of this type. e. Current financial statements and data, to include a statement from the Tax Assessor's Office stating that no taxes are currently due or overdue. f. Other similar work presently under contract. g. Prior contracts for similar work, dates of contracts and the names and current addresses of the individuals with the organization who oversaw the day to day cleaning who may be contacted for information concerning the Contractor's performance. Failure to provide requested information; or if after review of the information, the City determines the bidder is not a responsible bidder, the bidder's bid may be rejected. SECTION II Technical Specifications GENERAL REQUIREMENTS: The Contractor will provide custodial services as described herein. Custodial services apply to all designated spaces including, but not limited to halls, rest rooms, office spaces, reception areas, conference rooms, court rooms, auditorium, weight room, showers, locker rooms, parking lots, work areas, entrance ways, Iobbies, storage areas, elevators, warehouse areas, stairways and stairwells. Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furniture such as desks, file cabinets, book cases, etc. will not be moved. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified in the appendices. The Contractor will have at least two employees assigned to the main Police Station, one employee assigned to work from 8:00 a.m., to 5:00 p.m., Monday through Friday excluding City designated holidays, and the other employee assigned to work from 10:00 a.m. to 5:00 p.m., excluding City designated holidays. Lunch hour will not be taken at the same time. Contractor will have a supervisor on site during all Contractors' working hours after 5:00 P.M., Monday through Friday, excluding City designated holidays. Weekend and or holiday cleaning will not require a supervisor on site. At least one person working in the main Police Building will carry a beeper furnished by the Contractor during all contractors' working hours. Restricted or high security areas will be cleaned during normal working hours while City employees are present. Regular access areas require three times a day (24 hour period) cleaning; see Appendix B. The majority of cleaning will occur after normal working hours. SPECIFICATION NO. 1063 PAGE3OF17 2. CONTRACT ADMINISTRATOR: The person designated by the City of Corpus Christi to administer this contract is the Police Operations Manager. The Contract Administrator will approve all phases of performance and operations under this contract including deductions for no performance and authorizations for payment. The Contract Administrator will be the single point of contact for the Contractor for all contractual matters. 3. INVOICING INSTRUCTIONS: Contractor's invoices will be submitted in duplicate to the Contract Administrator within five working days following the end of each two (2) week period in which services are performed. Invoices submitted prior to the end of the period will not be processed until the period has been completed. The original of each invoice will have attached a summary of work performed and charges. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. Payment will be based on a two -week charge equal to one twenty -sixth of the contract price. 4. CONSEQUENCES OF CONTRACTOR'S FAILURE TO PERFORM REQUIRED SERVICES: The City will give the Contractor written notice of deficiencies via email notices, a. prior to charging liquidated damages, and b. whenever unsatisfactory services are performed. The parties hereto agree that due to the obligations of the Contractor under another clause herein to maintain an effective inspection system, Contractor will be conclusively presumed to have actual knowledge of work not performed. In the case of unsatisfactory or non - performed work (deficiency), the City will have the option to: c. afford the Contractor an opportunity to perform the non - performed work within three (3) hours of the Contractor being advised that he /she will be afforded the opportunity, in the case of daily services; or twenty -four (24) hours in the case of all other services. Contractor will not use the on site custodian if it results in the non completion of the minimum 8:00 A.M. to 5:00 P.M. requirements (restricted or high security areas and twice a day requirements), but will bring in a different custodian; or d. perform the services by City personnel or by other means. e. terminate the contract as described in this Agreement. SPECIFICATIONNO. 1063 PAGE 4 OF 17 5. CONTRACTOR QUALITY CONTROL: The Contractor will establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure the requirements of the contract are provided as specified. 6. CITY QUALITY ASSURANCE: All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. All incomplete or unsatisfactory work will be handled as previously noted. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three (3) working days with appropriate corrective action. 7. FACILITIES PROVIDED FOR THE CONTRACTOR: The City will make available to the Contractor janitorial closets for storage space. Access to the water closets will be shared in the Main Building 2nd, 3rd, 4th and 5th floors. The Contractor will assume responsibility for safekeeping of his supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on his/her part or on the part of his/her employees. The City will not provide any office space to the Contractor. The Contractor is responsible, at his own expense, to secure and maintain the office space necessary for the performance of his work. The Contractor will maintain a telephone by which Contractor's representative can be reached during normal City working hours, Monday through Friday, except City designated holidays, 8:00 A.M. through 5:00 P.M.. 8. CONTRACTOR FURNISHED SUPPLIES AND EQUIPMENT: a. SUPPLIES: The Contractor will provide all cleaning materials and supplies, necessary for the performance of this contract with the exception of rest room consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, liquid or bar soap and office consumables such as boxed cleaning towels, spray disinfectant and spray deodorant for use by office staff. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. The City will furnish to the Contractor all rest room consumables including toilet tissue, paper toilet seat covers, paper towels, trash can liners, liquid and bar soap. The City will also provide such office consumables as boxed cleaning towels, spray disinfectant and spray deodorant for use by office staff but not by Contractor. SPECIFICATION NO. 1063 PAGE 5 OF 17 Cleaning supplies for the rest rooms and all other areas of the building is the responsibility of the Contractor. Bulk quantities will be stored in Contractor's storage area, 1st floor, Main Police Building. b. EQUIPMENT: Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. 9. SECURITY REQUIREMENTS: The Contractor will comply with all City Security requirements. a. Due to the nature of Police and Municipal Court information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. Contractor must give the Police Department at least three (3) working days for final approval of employees to work on property. The Contractor will have a supervisor on site during all periods the building is being cleaned after normal working hours. Contractor employees found to be working in any Police or Municipal Court area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $25 for each employee, per instance. b. There are designated restricted or high security areas that are of even higher concern where Contractor employees must be accompanied by a Police or Municipal Court employee. Contractor employees found to be working in any Police or Municipal Court restricted or high security area who have not been cleared in advance or is unaccompanied by a Police or Municipal Court employee will be required to leave the area immediately and the Contractor will be fined $100 for each employee, per instance. c. The Contractor will comply with all City Security requirements. The Contractor will submit the name, address, Social Security Number, height, weight, date of birth, copy of driver's license or picture ID of the Contractor and each employee hired for work on this contract, a completed Personal History Statement and other forms as may be required for security. This information will be made available by bidder if requested by the City during the pre -bid survey, and will be provided by the Contractor prior to the commencement of the contract and prior to any new employee beginning work. Replacement employee's name, address, Social Security Number, date of birth and a copy of driver's license must be submitted to the Police Operations Manager for approval prior to the prospective employee being permitted to work in the Police Facilities. A standard form will be provided by the Contract Administrator. It will be the Contract Administrator's sole SPECIFICATION NO. 1063 PAGE 6 OF 17 decision whether a Contractor's employee is acceptable to work in the Police /Municipal Court areas. 10. ACCIDENT REPORTING: The Contractor will maintain an accurate record of and will report to the Contract Administrator all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within twenty -four (24) hours of their occurrence. All accidents that can not be reported within 24 hours to Contract Administrator can be reported to the Central Reporting Unit on 1st floor and/or to the Communication Division on 4tn floor. 11. SUPERINTENDENCE BY THE CONTRACTOR: The Contractor will have a competent Manager immediately available during normal working hours 8:00 A.M. to 5:00 P.M., including lunch hour, Monday through Friday, excluding City holidays. Manager must be able to respond by phone or in person within 15 minutes, and have immediate communications with on -site workers by beeper. During other Contractor working hours, after 5:00 P.M. Monday through Sunday, excluding holidays, a supervisor must be on site at the Main Police Building. No services shall be performed unless approved supervisor is in place. If requested by City, Contractor agrees to replace person in supervisor position in order to meet this requirement. Manager will visit and inspect the work site at least twice (2 times) a month. Manager or owner(s) will schedule time /date of monthly visits with the Contract Administrator. Manager will have the written authority to speak and act for the Contractor. Prior to commencement of the contract period, and in writing, the Contractor will advise the Contract Administrator of the name of the Manager, supervisor /s and workers on the job site. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. 12. SUPERINTENDENCE BY THE CITY: There are restricted or high security areas which require that a City employee be present during Contractor employee work; see Appendix "B ". Contractor will coordinate the cleaning of these areas to ensure areas are cleaned between 8:00 A.M. and 6:00 P.M., Monday through Friday, excluding City designated holidays. 13. CONTRACTOR EMPLOYEES: The Contractor will furnish an adequate number of employees to perform all work specified within the contract. This will include an on site supervisor to accompany the work crew after City normal working hours. Work accomplished during normal working hours will be monitored periodically, but does not require an on site supervisor. The employees' responsibilities include turning off all lights not required and securing all windows and doors as required for security as each job site is completed. SPECIFICATION NO. 1063 PAGE 7 OF 17 Contractor's employees will conduct themselves in a proper and efficient manner at all times, and especially to maintain a business -like relationship with others. The Contractor expressly agrees to remove from the site any employee: a. whose continued employment is deemed by the City to be contrary to the Public interest or, inconsistent with the best interests of the City; or b. who has submitted false or misleading information on any employee information form, i.e., Personal History Statement; or c. who is found to be in a restricted or high security area while not in the company of a Police Department or Municipal Court employee. 14. IDENTIFICATION OF CONTRACTOR EMPLOYEES: All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee will wear a picture style identification card on the upper outer garment. Such garment and identification will be provided by Contractor and must be approved by the Contract Administrator. Contractor employee /s found without identifying upper, outer garments or ID's will be removed from the building. 15. NORMAL CONTRACTOR WORKING HOURS: All work will be performed at the work site during the hours established, see Appendix "B ". Areas designated as five (5) days per week must be cleaned Monday through Friday excluding designated City holidays. Those designated as seven (7) days per week must be cleaned every day including holidays. The areas designated restricted or high security, which require Police or Municipal Court personnel presence, will be cleaned between 8:00 A.M. and 6:00 P.M. Monday through Friday, excluding City designated holidays. Areas designated for cleaning or service three times (3) a day must be cleaned or serviced with at least four (4) hours between cleaning services; i.e., cleaned/serviced at 10:00 A.M. and recleaned/serviced at 2:00 P.M.. and third cleaning will be performed anytime after 6:00 P.M. See Appendix "A" for City holidays. 16. PRE - PERFORMANCE CONFERENCE: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understandings relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. SPECIFICATION NO.1063 PAGE 8 OF 17 17. PERFORMANCE EVALUATION MEETINGS: The Contractor's Manager will visit the Contract Administrator or his designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. 18. FIRE PREVENTION: The Contractor will familiarize himself and require his employees to become familiar with the method(s) for activating the fire alarm. The Contractor and his employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. 19. ACCESS TO POLICE AND MUNICIPAL COURT BUILDING: It is the Contractor's responsibility to initially obtain keys from the Police Operations Manager for access to all designated areas for cleaning. All keys will be returned on the last effective date of the contract or the City shall deduct from contractor's last invoice, an amount equal to a $25 fine for each key not turned in to the City. a. General access to the building will be through the Police Duty Officer located on the first floor. Access to cleaning areas not considered high security areas will be provided by a set of keys issued to Contractor for the supervisor on site. These keys are to be carried by the supervisor only. These keys will not be taken away from the building. No keys will be duplicated for any reason. Access to and cleaning in restricted or high security areas will be during normal working hours while City employees are present. b. The Contractor will be liable for rekeying, replacing or otherwise altering locks and security systems should these systems become compromised as a result of Contractor or Contractor employee negligence. Similarly, the Contractor will be liable for the loss of any goods, materials or records which occur as a result of negligence on the part of the Contractor or Contractor employees. 20. AVAILABILITY OF UTILITIES: Water and electric power as required for the work in this contract are available at existing outlets at no cost to the Contractor. 21. DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND CONTRACTOR EMPLOYEE PROPERTY: The Contractor is responsible for taking action to protect supplies, equipment, and personal property of his employees from loss, theft, or damage. 22. MAINTENANCE MANAGEMENT: The Contractor will be responsible for the management of the total custodial effort. This is to include at least the following: the planning and programming for all services described herein, a Quality Control Program record and reporting requirements and monthly visits with Contract Administrator. SPECIFICATION NO. 1063 PAGE 9 OF 17 23. CUSTODIAL CLEANING REQUIREMENTS: Cleaning requirements for all areas are to be performed in accordance with the frequencies indicated in Appendix "B ". The Contractor will submit to the Contract Administrator for approval a weekly schedule which corresponds to the required tasks and frequencies. Performance requirements for the work items contained in Appendix "B" are further defined as follows: a. Sweeping/Mopping: Rubber matting in the Exercise Room will be swept and mopped daily so as to remove all loose dirt, lint and/or foreign matter. b. Sweeping/Mopping/Buffing - Vinyl Tile Floors: All vinyl tile floors will be mopped daily with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains and foreign matter. Vinyl floors will be buffed daily. When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. Vinyl floors will be treated with a rejuvenator or finishing compound as necessary and buffed when completely dry to provide a uniform glossy appearance. All baseboards, doors, and walls will be cleaned of any mop /buffer splatters. Contractor will ensure that contract employees observe all safety precautions including the posting of warnings such as Wet Floors. c. Vacuuming - Carpets, Carpeted Floor Tile (Communications /911), Rugs, and Mats: Carpeted areas, rugs and mats will be vacuumed free of all loose soil and debris. Unusual spots, spills, streaks or stains will be spot cleaned with an approved cleaner. d. Cleaning Rest Rooms /Shower Stalls: Restroom fixtures, including water closets, urinals, lavatories and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt daily. The floor will be wet mopped with a disinfectant. Monthly the floor will be stripped and a floor sealer will be used but no floor wax will be used. Floor mats where provided by the City will be cleaned free of dirt and stains. Wall covering and partitions will be cleaned free of dirt, stains and graffiti to a height of seven (7) feet. Walls will be washed or wiped down free of film, streaks and stains. Mirrors will be cleaned and polished. All metal and hardware will be clean and bright. Where present, shower stalls will be defined to be part of the rest room. Showers, including walls and floors will be scrubbed free of soap film, dirt and mildew with an approved cleaner daily. An approved liquid live bacterial cleaner will be applied to all rest room and shower floor drains on Mondays and Thursdays. Deodorant cakes will not be used in urinals. All waste receptacles will be emptied and trash deposited in dumpster outside the building. All restrooms in the Main Police Building hallways, 1st through 5th will be cleaned before noon, again between hours of 1:00 p.m. to 5:00 p.m. (using the four hour rule) and after 6:00 p.m. Unrestricted Staff restrooms SPECIFICATION NO. 1063 PAGE 10 OF 17 on the 1 S% 2"a, 3rd and Sa' floors will also be cleaned under the same guidelines Monday through Sunday. e. Servicing restrooms: All restroom supply holders including paper towels, toilet tissue, paper toilet seat covers, and soap dispensers will be cleaned and filled daily. g. Most toilet paper holders are 2 roll units requiring daily filling. Most paper towels containers are double roll units requiring daily filling. The City will provide toilet tissue, paper toilet seat covers, paper towels, trash can liners, Iiquid/bar soap and toilet paper as needed. All waste receptacles will be emptied and trash deposited in dumpster outside the buildings daily. Room Cleaning: Waste baskets will be emptied and a new trash can liner installed if needed (tom or wet). Waste baskets will be washed clean free of dirt monthly if needed (wet or messy). All trash will be deposited in dumpster outside the building daily. All furniture, equipment (including personal computers and printers, etc.) appliances (kitchen, snack machines, etc.), horizontal ledges and window sills will be dusted. Doors, woodwork, walls and partitions will be wiped to a height of seven (7) feet above floor level. All desks and tables free of papers, documents and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance and dusted daily. Wood paneling, wood conference table and the wooden portion of all chairs will be dusted and cleaned with a thin layer of furniture polish. Chairs in conference rooms will be neatly arranged around the conference table /s and periphery of the room to present a neat appearance. Chalk boards, where present, will be washed clean (not just erased clean). Chalk trays and erasers will be cleaned. Thoroughly clean all glass surfaces including glass in doors and partitions, except exterior windows above the first floor level. Lobbies, Entrances, and Reception Areas: Lobbies, entrances and reception areas, glass windows and /or walls (inside and out) and railings will be cleaned free of soil and markings, including entrance glass doors to a height of seven feet. Miscellaneous hardware and bright metal work will be wiped clean daily and polished once a week. Trash will be removed from waste and cigarette receptacles located inside and outside the entrances. All furniture, fire apparatus, doors, horizontal ledges and sills will be dusted and wiped free of dirt or smudges. Drinking fountains will be cleaned and disinfected. Fountain surfaces are to be free of stains, smudges and scale. All waste receptacles will be emptied and trash deposited in the dumpster outside the building. Floors, stairs and landing will be SPECIFICATION NO. 1063 PAGE 11 OF 17 cleaned weekly. There are three (3) entrances to the building the backdoor entrance, Municipal Court entrance and Police Department entrance which consist of stairs and landings which are to be swept, scrubbed and mopped clean to the far edge of the sidewalk immediately in front of these entrances. h. Stairways and Stairwells: Interior stair landings and steps will be swept, scrubbed and damp mopped weekly. Hand railings, ledges, grills, fire apparatus and doors ill be cleaned and dusted. Flights include landings and stairs, and stairs and steps between landings. All waste receptacles will be emptied and trash deposited in the dumpster outside the building. No wax will be applied to any landing or stairs. EIevators: All surfaces in the interior and exterior of the car will be cleaned and polished daily. Stainless steel areas will be cleaned with an approved stainless steel cleaner. Imitation wood grain walls will be wiped with an approved cleaner. Vinyl tile floors will be swept and mopped free of all loose soil and debris daily, waxed and buffed weekly to assure a shiny, clean appearance. High Cleaning: Semi annual high cleaning includes cleaning surfaces above seven (7) feet from floor level. All lint, litter and soil will be removed from all surfaces. Venetian blinds, where installed are included in high cleaning. Blinds will be washed, wiped dry and rehang in working order. Light fixtures globes, reflectors and plastic panels will be removed and/or washed. After cleaning, light fixtures will be free of bugs, dust, grease and other foreign matter. The inside surface of exterior windows will be cleaned to remove all dust, dirt and foreign matter and provide a clean and smudge free appearance. k. Exterior CIeaning: Areas exterior to all buildings consisting of stairs, landings, smoker's deck, ramps, parking lots, sidewalks, main station landscaped a reas and porches leading to the first floor entrance and the service ramps will be maintained free of trash and refuse. Paper, empty bottles or cans and cigarette butts will be removed and trash containers emptied daily. I. Paper Shredding Machines: Paper shredders will be emptied, cleaned and have a new plastic trash bag installed as needed (half full or more). m. Refuse Disposal: All loose trash removed from the buildings will be placed in plastic bags. Small boxes may be disposed of as -is. Empty large boxes will be broken down prior to placing in the dumpster. All refuse will be deposited in dumpsters or other containers provided by the City. SPECIFICATION NO. 1063 PAGE 12 OF 17 n. Unusual Refuse Pickup: The Police Department Central Records, Telephone Reporting Unit, Duty Office, Uniform Assembly Area and Municipal Court Cashiering will require trash removal before noon and at the end of the work day, including the described trash removal seven (7) days per week, including holidays. If requested, the Contractor will pick up and deposit recyclable waste such as computer paper and aluminum cans in containers separate from the general refuse. These materials will be provided already separated by the City. The City will also provide separate containers or a location for deposit of recyclable materials in a convenient area. o. Kitchen, Lounge, and Vending Areas: All waste baskets will be emptied, a new trash can liner installed if needed (torn or wet) and trash deposited in the dumpster outside the building. Waste baskets will be washed clean, free of dirt monthly if needed (when wet or dirty). All furniture, equipment, appliances, horizontal ledges and window sills will be dusted. Stove tops, counters, sinks, and the exterior of refrigerator /freezers, microwave and conventional ovens will be washed clean, free of dirt and foreign material. Doors, woodwork, walls and partitions will be wiped to a height of seven (7) feet above floor level. All tables will be cleaned to maintain an acceptable appearance daily. Chairs will be neatly arranged around the table(s) to present a neat appearance. Thoroughly clean all glass surfaces including glass in doors and partitions. All paint, putty, film and foreign matter found on glass surfaces will be removed. Floors will be cleaned daily. SPECIFICATION NO. 1063 PAGE 13 OF 17 APPENDIX A CITY RECOGNIZED HOLIDAYS 1. The first day of January (New Year's Day). 2. The last Monday of May (Memorial Day). 3. The fourth day of July (Independence Day). 4. The first Monday of September (Labor Day). 5. The fourth Thursday of November (Thanksgiving Day). 6. The twenty -fifth day of December (Christmas Day). 7. One holiday to be determined by the City. When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated a holiday by proclamation of the Mayor, upon approval of the City Council. SPECIFICATION NO. 1063 PAGE 14 OF 17 APPENDIX B RESTRICTED AREAS: - to be cleaned MON. through FRI., 8:00 A.M. to 6:00 P.M., excluding City designated holidays. 1st Floor: Police Property Warehouse Municipal Court Cashiering 2nd Floor: Municipal Court Director's Office 3rd Floor: Police Polygraph Offices 4th Floor: Police Identification Laboratory, Weapons Rooms, Latent Exam Room Police Special Services, OCU Offices Police Comm. Computer Room 5th Floor: Police Professional Standards Police Backgrounds Chief of Police (clean before 5:00 P.M.) (clean only 5 :30 to 6:00 P.M.) (clean only Tues /Thurs 5:00 to 5:30 P.M.) (clean before 5:00 P.M.) (clean before 5:00 P.M.) (clean before 9:00 A.M.) (clean before 5:00 P.M.) (clean before 5:00 P.M.) (clean before 5:00 P.M.) (clean at 8:00 A.M.) RESTRICTED AREAS: unusual cleaning requirements. 4th Floor: Police Technical Services offices receptionist area, Computer Programmer office and corridors Police Communications /911 UNRESTRICTED AREAS: 1st Floor: Police Duty Office Police Telephone Reporting Unit Police Central Records Property Warehouse Municipal Court Cashiering Municipal Court Judge /Bailiff Municipal Court, Court Room A (clean Monday through Friday, 5:00 P.M. through 7:00 P.M.) clean twice per day, Monday through Sunday, including City designated holidays; before noon, then between 7:00 P.M. and 8:00 P.M. to be cleaned MON. Through FRI., 5:00 P.M. through 7:00 A.M., excluding City designated holidays. SPECIFICATION NO. 1063 PAGE 15 OF 17 2nd Floor: Rest rooms, Public Rest rooms, Staff Corridors, lobbies, entrance /s Municipal Court Administration Offices Municipal Court Prosecutor /s Offices Municipal Court Judge /s Offices Municipal Court Room B Municipal Court Room C Restrooms, Public Restrooms, Staff Corridors, receptionist, 3rd Floor: Police CID workstation areas Police CID offices (+Polygraph) Police Community Relations Police Uniform Division Offices Restrooms, Public Restrooms, Staff Corridors, receptionist area 4th Floor: Police Identification Offices Snack Bar Restrooms, Staff Corridors 5th Floor: Police Administration Offices Police Auditorium Police Administration Receptionist Restrooms, Staff Corridors UNRESTRICTED AREAS: unusual cleaning requirements. Two trash pickups: 1st pickup before noon M /F; 2nd pickup during cleaning after 6:00 PM M/F One trash pickup: during cleaning S/S /Holiday 1st Floor: 1st Floor: 1st Floor: Police Central Records Telephone Reporting Unit Duty Office 1st Floor: 3rd Floor: Municipal Court Cashiering Uniform Assembly Area SPECIFICATION NO. 1063 PAGE 16 OF 17 Clean three times /day; before noon & after 1:00 PM -5:00 PM and after 6:00 1st Floor: Public Restrooms 3rd Floor: Public Restrooms 4th Floor: Staff Restrooms The Contractor will provide custodial services as described herein. Custodial services apply to all designated spaces including, but not limited to: halls, office spaces, reception areas, conference rooms, court rooms, entrance ways and lobbies. Cleaning will include areas under furniture, furnishings, floor mats and runners. All furniture and furnishings will be restored to their proper locations after cleaning has been completed. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified in the appendices. The Contractor will have at least one supervisor on site at the Main Police Building during all periods those buildings are being cleaned after normal working hours. A beeper will be carried by the supervisor. If only one person is working in the building, that person will carry a beeper. SPECIFICATION NO. 1063 PAGE 17 OF 17 APPENDIX C SCHEDULE OF DEDUCTIONS will establish the City's estimate of the value of work. The successful Contractor is required to provide an acceptable Schedule of Deductions using the attached sheet or format within fifteen (15) days after award. No payments will be made under this contract until such a Schedule of Deductions is approved. The total of the Schedule of Deductions must equal the total amount of the contract. Prices shown in the Schedule of Deductions will be utilized in conjunction with the "Consequences of Contractor's Failure to Perform Required Services" clause, in making payment deductions for non - performance or unsatisfactory performance. Imbalance in the Schedule of Deductions submitted will be cause for withholding approval and requiring resubmission of a balanced schedule, and may be grounds for Termination or Default. Do not submit a Schedule of Deductions with bid. 1) The City's estimate of the value of work will be based in all instances on the approved Schedule of Deductions. Actual deductions for unsatisfactory or incomplete work will be based on the following definitions and percentages: a). A distinguishable item of work within a work unit; i.e., a commode or lavatory in a restroom, or a wastebasket or individual office floor in an office. b). A deficiency will consist of a distinguishable item of work that is either not performed or is performed in an unsatisfactory manner on a particular day. c). The percentage of the bi- weekly invoice to be withheld per deficiency is: # Deficiencies Percentage withheld Per Deficiency Range lto3 1% 4 t 6 3% 7andmore 5% d). In the event the Contractor performs unsatisfactorily or in the event of nonperformance, and the City has the work performed by City personnel or by other means, (as described in section 4 (d) in this Specification), the City shall deduct from the Contractor's invoice that covers the period during which the unsatisfactory or non- performed work occurred, the greater of the dollar amount equal to: (a). The cost plus fifteen (15) percent of the cost (administrative fee) or (b). The percent to be deducted as defined in number 1(c) of this Appendix C. CITY OF CORPUS CHRISTI PURCHASING DIVISION ADDITIONAL INSTRUCTIONS TO BIDDERS BID INVITATION NO. BI- 0130 -10 Bid Award - Best Value The City shall consider only responsible bids. Responsible Bids are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. Bids will be evaluated under the best value evaluation process. In determining the best value, the City will consider the following criteria and has assigned the following maximum points for each of the criteria listed. Bidders shall provide any information that could assist the City in determining the "Best Value ". Failure to provide the required information with the bid response will automatically disqualify the bid from consideration for award. Resources 10-25 % ,__, Ir Past Proposer's Profile & Performance _L� Qualifications_ References L _ Pricing _ Total _ 0 5 % $520.%°...W,. _, . y. 10-25% ..20 35% .,. ,.,..100% .,� -, The Evaluation Committee shall determine the final percentage assigned to each proposed evaluation criterion. In no case shall the percentage assigned to each criterion be smaller or greater than the stated minimum or maximum, respectively. The sum of the final percentages for all criteria shall equal 100 %. Resources Bidders must provide a list of equipment that will be used for the proposed contract. How many persons /employees will be assigned to perform this work? Past Performance Bidders will be evaluated based on past performance on awarded contracts by the City of Corpus Christi. IV. References Each bidder must furnish the City with the names of three (3) current references..and three (3) former references of firms to whom the Contractor has provided services that are similar in nature and size to those requested in this bid. The references must include the firm name, address, phone number and name of person to contact. : V. Bidder's Profile & Qualifications - Detail Each bidder must furnish the City with a summary of the Contractor's experience (personnel) in performing work of the type specified herein. Preference will be given to those bidders who have a minimum of (2) two years experience performing work as shown in this contract. In addition, each bidder must furnish the City with a profile of its firm which will, at a minimum, include the following: Year established Nature of Business Business Organization INSURANCE REQUIREMENTS I. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee (Risk Manager). Successful Bidder must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Successful Bidder shall famish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for the General Liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of non - renewal, material change, cancellation or termination required on all certificates and policies Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY -- OWNED, NON -OWNED OR RENTED $500,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 BLANKET COMMERCIAL BOND (For the City's protection against vendor employee dishonesty) $25,000 per employee C. In the event of accidents of any kind, Successful Bidder shall famish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 2009 Custodial Service for Police Building bid ins. req. 7 -27 -09 ep Risk Mgmt. II. ADDITIONAL REQUIREMENTS Successful Bidder shall obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage shall be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Successful Bidder will be promptly met. III. On the Certificate of insurance: * The City of Corpus Christi must be named as an additional insured on the General Liability coverage, and a blanket waiver of subrogation is required on all applicable policies. * Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "e" and "canceled ", and deleting the words "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the contract shall be listed under "Description of Operations ". * At a minimum, a 30 day written notice of material change, cancellation, non - renewaI or termination is required. 2009 Custodial Service for Police Building bid ins req. 7 -27 -09 ep Risk Mgmt. Attachment 1 SERVICE AGREEMENT No.: THIS Custodial Service CONTRACT (this "Agreement ") is entered into by and between and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Service for Police Department Main Building & Municipal Court, 321 John Sartain St., in response to and in accordance with Bid Invitation No. BI- 0130 -10, including Specification No. 1063, dated 4/28/10 which is incorporated and attached as Exhibit A); WHEREAS the City has determined Contractor to be the best value bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for Police Department Main Building & Municipal Court, 321 John Sartain St., in accordance with Bid Invitation No. BI- 0130-10, including Specification No. 1063. 2. Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Facilities Maintenance Superintendent at the Police Department. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 2 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0130 -10 including Specification No. 1063, waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Aaron Rios, Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 3 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0130 -10, including Specification No. 1063. Failure to keep all insurance policies and fidelity bonds in force for the entire term of this Agreement is grounds for termination. The City must give Contractor 5 work days' written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 16. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is received on the day faxed or hand delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Aaron Rios, Facilities Maintenance Superintendent, Police Department P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FAX No.: (361) 886-2611 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.: 4 17. Month -to -Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods /services under this Agreement, at the most current price under the terms of this service agreement or extension, on a month -to- month basis, not to exceed six months. This service agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 20 CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF Contractor: Name: Title: Date: CARLOS VALDEZ, CITY ATTORNEY By: Veronica Ocanas, Asst City Attorney , 20 5 Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0130 -10 (Includes Specification No. 1063 and Insurance Requirements) CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ❑ YES .0 NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Certified HUB: http://www. window. state .tx.us,'procureinentlproglhubl ❑ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for -profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas OYES ❑ NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- Firm Name: Telephone: Address: Fax: City: State: Zip: E -mail: Date: Signature of Person Authorized to Sign Form Signer's Name: Title: (Please print or type) Ext. fir u.rila -� O SUPPLIER UMBER BE ASSIGNED Y CITY ■ PURCHASING DIVISION wrr City of Corpus Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY NAME: P. 0. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 4. Association e 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Type or Print) Title: Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Attachment I SERVICE AGREEMENT No.: THIS Custodial Service CONTRACT (this "Agreement ") is entered into by and between and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Custodial Service for Police Department Main Building & Municipal Court, 321 John Sartain St, in response to and in accordance with Bid Invitation No. 131- 0130 -10, including Specification No. 1063, dated 4/28/10 which is incorporated and attached as Exhibit A); WHEREAS the City has determined Contractor to be the best value bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for Police Department Main Building & Municipal Court, 321 John Sartain St., in accordance with Bid Invitation No. 131- 0130-10, including Specification No. 1063. 2. Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Facilities Maintenance Superintendent at the Police Department. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 2 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0130 -10 including Specification No. 1063, waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Aaron Rios, Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 3 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0130 -10, including Specification No. 1063. Failure to keep all insurance policies and fidelity bonds in force for the entire term of this Agreement is grounds for termination. The City must give Contractor 5 work days' written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E EmpIoyer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 16. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is received on the day faxed or hand delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Aaron Rios, Facilities Maintenance Superintendent, Police Department P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FAX No.: (361) 886 -2611 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.: 4 17. Month -to -Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods /services under this Agreement, at the most current price under the terms of this service agreement or extension, on a month -to- month basis, not to exceed six months. This service agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 20 CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF Contractor: Name: Title: Date: CARLOS VALDEZ, CITY ATTORNEY By: Veronica Ocafias, Asst City Attorney , 20 5 Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0130 -10 (Includes Specification No. 1063 and Insurance Requirements) CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: El YES . ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Certified HUB: http:l /www. window. state .tx.us /procureimentlprog/hubf ❑ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for -profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas ❑YES n NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- Firm Name: Telephone: Address: Fax: City: State: Zip: - E -mail: Date: Signature of Person Authorized to Sign Form Signer's Name: Title: (Please print or type) Ext. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 {d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g- "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CUSTODIAL CLEANING FOR POLICE DEPARTMENTS MAIN BUILDING LOCATED AT 321 JOHN SARTAIN ST. Building Mc 1LC�c�I CC a� II- 11 1 - TABLE OF * ,; .. ENTS SECTION 1- EXECUTIVE SUMMARY & RESOURCES 1 SECTION 2 — PAST PERFORMANCE 3 SECTION 3 — REFERENCES 4 SECTION 4— PROFILE & QUALIFICATIONS- DETAIL 6 Hiring Practices 6 Training Practices 9 Green Cleaning Program 16 Safety and Security 19 Quality Control Program 22 CORPUS CHRISTI PD Main Building Operational Plan 27 Pandemic Response and Prevention Management 30 Transition Plan 32 SECTION 5 REQUIRED BID DOCUMENTS 35 I, -011- 11 I May 20, 2010 City Of Corpus Christi Gabriel Maldonado, Senior Buyer P.O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Selection Committee Members, Thank you for the opportunity to submit this proposal for janitorial services at the Police Department's Main Building. McLemore Building Maintenance has a rich history of 40 years of service to municipal, medical, financial, educational, commercial and manufacturing facilities. Based on our extensive experience and a thorough review of your facilities, we believe McLemore is the clear choice in janitorial service providers for Corpus Christi Police Department in offering a high level of service while containing costs for three reasons: 1) McLemore Building Maintenance meets all of the criteria established for qualification as a Corpus Christi Police Department janitorial service vendor and has a track record as that of a reliable and ethical contractor. 2) Your experience with a smooth transition is assured through the advance planning and commitment of resources that McLemore Building Maintenance consistently applies through its account start up process. 3) McLemore's passion for obtaining results in the arena of creating a clean and safe, continuously improving learning environment is shared with Corpus Christi Police Department. Studies have shown a cleaner environment leads to increases in productivity, morale and attendance. All three points will directly benefit your organization in the quest to reach the aforementioned goals. Your team will discover that McLemore Building Maintenance has the results that prove our capabilities. We are in close alignment with your company's mission by providing you with support services as your organization concentrates on being in providing quality lease facilities to a wide variety of tenants. Once again, thank you for the opportunity to present this proposal. If at any time can be of further assistance, answer any questions or provide additional explanation of our programs, please do not hesitate to contact me directly at 713.528.7775 or via e-mail at dprewitt @mbminc.com. Sincerely, D -'e Pr Business Development Manager I (. 11 • SECTION 1 - EXECUTIVE SUMMARY & RESOURCES McLemore Building Maintenance offers a recognized combination of knowledge, experience and innovation through our operational, customer service and quality processes while bringing clients sustained value to their custodial programs. With so many options, why should the City of Corpus Christi select McLemore to provide services at its facility? Experience In addition to our company's 40 years in business, our Corpus Christi Operations Management Team responsible for the Corpus Christi PD project has over sixty years of industry experience. Additional points of interest regarding our industry experience include our: • Services at other municipal facilities within Texas with proven success in providing robust programs that fit specific, site settings, supply the best value, customer service and continuously improving operations. • Second generation of senior leadership on the Executive Board of the Building Service Contractor's Association International. • Proven capability with other current clients outside of the educational sector which includes daily service over multiple millions of square feet. References McLemore has provided three similar scope -of -work references within our response and would be pleased to facilitate tours of specific facilities at Education Service Center's request. We encourage you to contact our references Personnel Family -owned and operated companies such as McLemore place the highest value on personnel resources through direct involvement with our team members. Our turnover rate is 68% below industry average for companies with over 300 employees. Additionally, we have implemented numerous incentive programs which drive customer satisfaction - our employees are the heart of our business. We recognize that if we are dedicated to motivating our team through programs including continuing education, monetary incentive plans and personal recognition, this drives loyalty and ensues in superior care of our customers and their facilities. Work will be assigned as is follows: • 1 Supervisor • 2 Day Porters for Full Shifts including Required Hours • 3 Night Cleaners • 2 Weekend /Holiday Cleaner Confidential Information 1 lµ=i�' iii • I?ui chip. iitk.thlrIL Cleaning Equipment Cleaning equipment information is detailed with chemicals use and procedures under the Profile & Qualifications section. Financial Stability McLemore is debt -free and has a history of investing back into the company and our staff. An example of this is the absorption of 900% of healthcare cost increases for enrolled employees in 2009. Responsiveness McLemore's approach represents both flexibility and quality performance to Corpus Christi PD as we will support your goals and scheduling challenges that arise in managing your facility. • We will provide the Corpus Christi PD facilities the flexibility of our labor force through customer service availability and mobilization 24/7, 365 days per year as needed. McLemore Building Maintenance offers continuous improvement - not just "Compliance ". • We care for your facility assets, enhance your public image, and provide operational performance optimization. • We utilize web - based, automated technology in the form of our CleanTelligentTM Quality Program to manage our operations more proficiently while providing our customers visibility to service performance on a real -time basis. Please see our Quality Control section for a comprehensive description of our performance management systems. Summary McLemore Building Maintenance is properly positioned to support the Educational Service Center's custodial program. The size and scope of work at Corpus Christi PD is well within our operational organization, management and corporate support capabilities. We can confidently bring a smooth and seamless transition to all facilities. By choosing McLemore, you will find that we are committed to the continued success of your program as it is a reflection as well of our own reputation. We are excited about the opportunity to build a long -term and value -based partnering relationship with Corpus Christi PD and look forward to meeting with your team to discuss our proposal in detail. Confidential Information 2 • (�Lfl (11i1 rittm -li SECTION 2 ® PAST PERFORMANCE McLemore is a current custodial contractor for the City of Corpus Christi Police Department at locations other than the main building. We have no expired prior awarded contracts. Confidential Information 3 Confidential Information • k 11 • Bui SECTION 3 ® REFERENCES Current Client: City of Corpus Christi - Police Department Contact Name: Contact Phone: [_, Mr. Aaron Rios 361.886.2611 Address City/State/Zip 321 John Sartain Corpus Christi, TX 78401 Current Client: City of Houston - Building Services Dept. Contact Name: Mr. Steve Girardi Contact Phone: 832.393.8085 Address City /State /Zip: Second Floor, City Hall Annex Houston, TX Current Client: Flint Hills Resources Contact Name: Contact Phone: Mr. Jason Tucker 361.242.8564 Address: 2825 Suntide Road Corpus Christi, TX 78409 City /State /Zip: 4 I (.11- ii • Former Client: Christ Memorial Lutheran Church Contact Name: Terry Ford Contact Phone: 281.497.0250 Address: 14200 Memorial Drive City/StatelZip: Houston, TX 77079 Former Client: St. Simon & Jude Catholic Church Contact Name: Connie Reed 281.367.9885 Contact Phone: Address: 26777 Glen Loch Drive City/State/Zip: The Woodlands, TX 77381-2921 Former Client: Midland College Contact Name: - - — Contact Phone: Ken Riley 915.685.4500 Address: j City/State/Zip: 3600 North Garfield --- Midland, TX 79705 Confidential Information 5 J 1 P,ul 0p._: R.h SECTION 4 ® PROFILE & QUALIFICATIONS - DETAIL While an overview of information on McLemore's qualification was provided in the Executive Summary, detailed information indicating practices and procedures that would apply to the project follows. McLemore is committed to ensuring all team members are comprehensively trained. This process begins with our hiring process and continues through our ongoing quality management. Hiring Pr.: dices McLemore Building Maintenance adheres to stringent hiring practices, conducting pre - employment background checks and drug testing. In addition to the screening process, McLemore provides new employee orientation and training that includes topics such as ethical conduct, customer service, position responsibilities, safety training and security policies. McLemore provides equal employment opportunity regardless of age, sex, color, race, creed, national origin, religious persuasion, marital status, political belief, or disability that does not prohibit performance of essential job functions. All topics relating to employment are based upon job performance ability, as well as reliability and consistency after the employee is appointed to their assigned position. Our team recruits both internally, promoting from within McLemore, as well as externally, through use of State Workforce Commission databases, hiring fairs, and incumbent account personnel retention opportunities. Confidential Information 6 y• Confidential Information x_14- Ill 1 Itu dln�_: McLemore Building Maintenance Seven -Step Hiring Process 2. Applications are reviewed. Applicant Pre - Employment Screening Texas state -wide Criminal Records Research and Applicant ID web - based, secure search at no cost to the City of Corpus Christi. • TEXAS STATE -WIDE CRIMINAL RECORDS RESEARCH INCLUDES: ✓ All 254 Counties ✓ Felony and Misdemeanor Convictions ✓ Felony Deferred Adjudication • SOCIAL SECURITY NUMBER VERIFICATION ✓ Year of Issue ✓ State of Issue ✓ Highlighted for any Reported or Suspected Fraudulent Use • LISTING OF PRIOR RESIDENTIAL ADDRESSES • LISTING OF PRIOR EMPLOYERS Uniforms McLemore employees will be dressed appropriately, as determined at each location. Confidential Information L14' Pik • Mir tilcii,if :, The dress code includes good condition long, dark work slacks or jeans, a smock with the McLemore logo and an employee identification badge. Additionally, Personal Protective Equipment (PPE), as needed for specific tasks, will be issued onsite. Our staff is required to be neatly groomed at all times. Our goal is to reflect a positive image and professional image as an extension of the Corpus Christi PD staff. Employee Incentives McLemore has a range of positive reinforcement programs that promote service performance, motivate team members and enhance staff retention. Some of these benefits include: • Quarterly Staff Parties for • Safety Incentive Program Outstanding Performance o Safety Bingo • Direct Deposit o Tips Award • Employee Referral Bonus • Bereavement Leave Program • Military Leave • Open Door Policy clink Traaning Practk s At the Corpus Christi PD facilities, training will be held on -site. Every employee hired for McLemore in that branch will be trained on the technical aspects of our industry. Before leaving the training program for their work assignment, the new employee should have working knowledge of the following topics: 1. The Team Cleaning Concept 2. Office Cleaning 3. Restroom Cleaning 4. Carpet Spotting 5. Safety and Security Additional programs will be added depending on the position requirements for which the employee was hired; such as day porter positions, vehicle instruction and hard surface floor care. Basic Process The basic training program should be setup to be completed in approximately 9 hours of training time, 15 at maximum depending on the trainee's level of skill and abilities. This allows a minimum of two hours of hands on training time for each basic procedure. It is up to the supervisor of the training building whether or not the trainee is held back for additional training beyond the required eight (8) hours. The basic steps to the fundamental task training program are as follows: Step 1: New Employee Orientation a. Training site location, hours, contacts, phone numbers, etc communicated to the employee. b. A form given to employee used to show training progress and completion of training. c. Employee is taken through the safety training program (outlined later) d. A number of videos are shown regarding the company history and basic procedures of our industry. Step 2: Employee Arrival a. Trainee meets supervisor at entrance of site and receives a brief orientation of specific building rules. b. Employee is taught how to clock into the computerized payroll system. c. General building layout and emergency exit procedures. Step 3: On The Job Training a. Employee is assigned a trainer for the shift. b. Employee works side by side with the trainer for the entire shift. c. The trainer uses JohnsonDiversey 4 -step training process. (see color coded and picture cue card examples at the end of this section). Confidential Information 9 Li( [ii • - la i3 cli �.: R.11 ritC1-icm( c Trainee continues to work at the task after training for the entire shift while the task trainer observes and makes corrections / provides feedback as necessary. d. Upon successful completion of the training, the trainer will sign off on the trainee's training evaluation form at the end of the shift. (see following) e. The trainee is then instructed to report to their permanent assigned area and or building. Step 4: Employee Arrival -- Second Shift of Employment a. Trainee meets supervisor at entrance of site and receives a brief orientation of specific site rules. b. General building layout and emergency exit procedures. c. Trainee introduced to job / area specific requirements: i. Introduction to other team members ii. Area specific security details iii. Scope of work for the area / building iv. Order of tasks to be conducted / when v. Specific equipment / supplies to be utilized in the area vi. Cross - training of other positions / tasks in the area Ito provide backup coverage. vii. End of shift inspection /preparation for the next day Step 5: Supervisor Review At the end of the trainee's second shift of training, the area /site supervisor reviews the trainee's performance. This includes a general question and answer session, joint supervisor and trainee inspection of their assigned area to note any deficiencies, review security details, area specific specifications. Upon completion of the inspection, the site / area supervisor signs off on the trainee's form as successful graduation from training. Step 6: Area Manager Review The following shift the newly graduated employee completes their shift as normal. The Area Manager then repeats the Supervisor's Review from the previous day to ensure complete adherence to all aspects of the job. Step 7: Recurring Employee Training Quarterly training re- orientation reviews are conducted to provide continuous feedback and training to all staff members. The reviews include: a. General feedback of performance and areas for improvement b. New cleaning concepts / other specific training c. Changes in scope of work / specifications / new areas d. Updates in HazCom / appropriate Bloodborne Pathogen recertification e. Additional safety training Confidential Information 10 Training Topics Initial and recurring training includes topics • Key Logs and Building Entry Systems • Chemical /Equipment Usage and Safety • Cleaning over 72 Inches • Customer Service • Employee Benefits • Equipment Inspections • Evacuation Hill chip. such as: • Hazard Communication • Telecommunication Policies • Pay Schedule • Safety Rules and Regulations • Security Procedures • Sign In /Sign Out Procedures • Specific Cleaning Techniques • Wet Floor Sign Usage Training Cards McLemore implements training cards at each site to ensure that we emphasize client- specific requirements. Below is an example. Police Department Main Building • keep exterior doom locked at all *nes • Notify your supervisor In the went that staff h still accuisYhrig the building after hours • Qose liut "DO NOT° lock all Interior doors unless found lodged • Report any suspicious activities immediately Police Department Main Building • No vacuuming In work areas until all employees have left area • Treat all desk work spans as office areas • Do not disturb pages / Items on desks • Do not touch computer dIiploys /monitors • Site- specific training cards are assembled within the first 90 days after start-up. • This enables specialized, building -by- building, area -by -area reminders for our crews so that the hot spots or special items in a building are addressed. • Crews carry these cards with them on a ring. Each area/building has its own card. Confidential Information 11 Confidential Information • - 1-11. l (j i:i2) 11 lt Imcn Training Procedures McLemore utilizes a Healthy High Performance Cleaning TM program to ensure the utmost in facility cleanliness. Following are examples of visual procedural steps for this training program. SUPPLIES NEEDED: .hlpha•IIP Iklnnm, IiJrnt+'InI IYwt -Ge Iltnr IWhnnrn(Ica rGemk I mnn, Personal Pi+uteellun Equipment: 1l imrg;glpdn, rnui gGurw a lwrr rl vrnirpirrrinulr, hwlrfz,Jiwinr. aiming enthrall, I;I':'I "I'I \{; Sri':I1C'1'I f) 1 1 A.. ninidr In}ulpmrnt. 1 1 irk I nl n hh44 Imrsipn. kiix/drsl.rrw• I•I nimmluIInnc. 11:11 IN N G 1 1 1 1 Aid 400 Win! dime Oulu.. light .will'inn and MINT marl' .IIIt In.hn i In h,hvkr nml slrriwrdlnit.4. mot urinnin In•1 .Imnl rife 111 mhude.noI Idlmnuilh IoIk4InoII. r4 41.4 Lp�,:9ai ®di 6Otg00 00D Vs:din Nor-47.1 App4rndnlhm In Lw.,lllmv 1udn. kngdy Gads. 1 brisi apply Indira lo wull.urn! Inlrtilinlw, !TI nlnlrl for In rninGh, and wile. Dud n. nnehA. ;llrydy pnrlm4 In.inkn amid murdeelni . 1,1 stand for III n,Inlltrk and wipe. (lean nlimlrn. 12 Confidential Information L4 111 • f3ui nleuhlr?ce rawa tri a greener tomorrow He all 10, Hi IiPE.' C (Pa RIrig Carpet Cleaning Procedures OBJECTIVE • Maximum 24 hour dry time to avoid mold and mildew growth. • Minimize impact on indoor air quality. GREEN TIPS • Provide appropriate notice to building occupants especially those Identified as "high risk ". • Vacuum area first with approved vacuum cleaner. • Ventilate as required. • Ensure extractor is operating at peak efficiency, i.e. no leaks, good suction. • Use only approved cleaners through closed loop system. • Apply pre-spray and allow proper dwell time. • Do not over wet carpet. WATCHOUTSi • Inadequate notice to building occupants • Poorly ventilated • Poorly maintained equipment • Vacuuming step is skipped 13 Confidential Information Li 11 f - blrl clir,c: F 1 s n!E rI,H 1Ec Office Cleaning McLemare Building DAILY/Routine IVIBIVI Malntenance, Inc. JohnsonDiversey Oy Unlock onty one doo aiatime. Empty trash cans. Replacelnersonly 'Mayan dirgr.wet Never push trash When in doubt, Don't Do not empty red down with your throwoull hands' trash bags! arrorn CAUTION v- NNW 0 --mi... Spot clean trash cans using Alpha HP and retum the can exetiv where you found it Dustorwlpefumhure, Do not movepaper desk, etc, ACM or personal Items on Alpha HPanrag desk or other areas nelude high dusngalong with Daily Procedures in each area at least twice aft permonth 6 s. ya .r�. t I $ 9 Lowdusting areas such as baseboards, chair& table legs, etc. Spatclean walls and Wlpe door, doorhandle vertical surfaces and kick plate using using Alpha HP Alpha HP Wipe light switch using Alpha HP 111 k• tiA`F �r i� cr �� _ T 1� .'It ! Vin. 1 IMwar mil III � e '� .. ' Clean g lass su,faces with Blue Micro Fiber and Alpha HP Vacuum carpet Do not unplug Retumchairand specially around and wastebasketto computers arother proper position. underdesk. Vacuum along comers and edges equipment weekly 14 r� fir' __. i" 1 16`e; � Tum off lights Leavedoorsthe way Prepareyourequiprnent Retum all keys to youfound them and suppliestorthe mot yoursupervisor Always lock main day entry doors 14 Confidential Information Training Test Topics Example Employee: Account: Trainer: Job Assignment: TOPIC DATE TRAINED About the company: Why and what we are, our principles, our Mission and Vision Statements. Policies and Procedures: Review key policies and procedures such as absences, reporting problems, conduct, uniforms, drugs and alcohol, theft, breakage, trash. Job description: What is the scope of the job, where will the employee be working, with whom, Wiinteam time keeping system: How to use and why it is so important. Caller ID Verification ( Proper use = Proper pay ) Cleaning Chemicals: What they are, their use and safety procedures. Cleaning equipment and supplies: What tools and supplies will the employee use, what are they used for, how to use, and proper care of equipment Cleaning procedures: How to clean a restroom, an office, and/or an exam room, how to use a back pack vacuum, how to , wet mop, etc. all with particular attention to detail. Safety: What are the MSDS, emergency procedures, accidents, instructions, unsafe I acknowledge that I received training on the above topics on the dates listed. (Debido a mis limitaciones para entender el idioma ingles, firmo la presente coma senal de que he recibido el entrenamiento en Espanol en bs topioos rnencionados aniba, que me fueron traducidos, los entiendo y que tomare las medidas necesarias para poner en practice lo aprendido) Employee Signature The above employee has demonstrated the capability to properly perform the required tasks for the above listed job assignment Trainer Signature 15 } � _ g- 111 • roan COoardng Program McLemore is dedicated to environmental sustainability. We provide solutions through the use of environmentally friendly chemicals, green equipment and paper products focusing on resource conservation and Healthy High Performance CleaningTM and aligning with LEED requirements. McLemore's green cleaning program includes elements such as: • Chemical usage conservation and environmental impact reduction • Proper chemical concentration for maximum effectiveness • Faster drying times which enhance safety • Color -coded microfiber cloths for dusting, eliminating chemicals • Self- dispensing Pace mops that prevent product waste • Flat mops with color -coded microfiber flat mop head preventing cross - contamination Certification McLemore can provide GreenGuard certification for buildings cleaned based on a system utilizing Green SealTM Certified products. While MCLEMORE staff has completed LEED certification course work, consideration of the most recent Green SealTM Corporate certification program is just recently underway. Currently, there are no Texas custodial companies participating in this certification process, according to GreenGuard's website. Considering the proliferation of certification programs, a corporate decision on which programs will deliver the most beneficial support to our customer base and its upcoming needs will be forthcoming as additional information becomes available. McLemore's chemical supplier/ partner, JohnsonDiversey is the only company providing certification on indoor air quality to date. JohnsonDiversey �. Green Cleaning Products and Equipment McLemore utilizes cutting -edge processes and equipment to increase efficiencies while improving quality and sustainability of the facility environment through the use of Green SeaITM certified chemicals and equipment. Additional benefits of a 'green cleaning products and equipment program' include: • Improved contaminant removal efficiencies • Waste and pollution reduction /noise reduction • Indoor air quality improvement • Prolonged value for your facility budget • Assists LEED candidates with earning credits toward certification in accordance with the requirements of the USGBC's LEED -EB and Green Seal's GS -42 Confidential Information 16 • Cleaning Equipment McLemore primarily uses Windsor equipment. Windsor delivers products that are environmentally responsible and deliver maximum performance. McLemore is committed to helping you create a healthy, safe and clean environment. Equipment includes items such as: • Windsor Back Pack Vacuums • Windsor High and Low Speed Buffers • Windsor Wet/Dry Vacuums • Rubbermaid Brute Barrels • Johnson Flat Mops • Johnson Wax Dispenser McLemore utilizes a Pace flat mop with color coded microfiber cloths designed to reduce: • Cross - contamination between service areas • Water consumption • Excess chemicals emptied into drain systems We also implement color -coded microtiber cloths for cleaning in areas such as restroom, kitchen and office areas which also reduces cross - contamination. Additional standard equipment includes wet floor signs, brooms, dust pans, slow speed buffer with pad driver, burnisher, iCapsol- interim carpet care, window squeegees, and restroom carts. Cleaning Chemicals McLemore partners with JohnsonDiversey to simplify cleaning processes by converting to Ready -To Dispense (RTD) Green Seal chemicals that effect the following improvements: • Eliminates the possibility of employee error in diluting products - leads to consistent and thus improved results • Products dispensed into prescreened bottles which eliminates errors in chemical use • Cleaning Chemicals simplified to a selection of three: o Alpha HP: Multipurpose cleaner, neutral cleaners and a disinfectant o Crew Bath & Scale Remover: Toilet bowl and porcelain cleaner o Glance Non - Ammoniated Glass Cleaner Confidential Information 17 Confidential Information Li1 11 • . - - - .0V.'.,:,,---..----•••-•,--•:-----;., -',,,..: -,'.,- .:-.• • : •cf-.....:)-•:2,,-;Ai • . .. _ . , .... - ALIHA-4-.117'''':' klahi-Sitriffocus CO,-;Ink..17 ,•..1 r...k..in i;-•ar.1 . ".'",,......,..d 1,..ttle_10,i6iPqr. auStfti.rill Ittirclt,, .,jrp k;•..,. filfrof,, mli,1.1 to. 4 .4,....7), Spray ALPHA-HP' aiito denims cloth or diretby serrate to be cleaned, Wipe surface dry L.k.v CREW"' Boft4E-41,•:.tr, iir & Sc.:01,,, Rr -riktelp SligFr=VCC.S., Spray VIEW' 17nto a cleaning cloth or dire Oh laltrate to be cleaned. Loosen tail with nubbins action and vo,pe over entire .urfe. Rinse with cold water and polish with a dry aoft do*, Do not use, on natural wood or marker, • -- 1-111A RTI's[rov,c1rorm 7.nd • •- Rite ArTaTtr Spray Vance- NA onto a clot ins cloth or din Ott y on sulfate to be cleaned. Wipe surface dry. STRIO. .' 14,C Nnutml 17.3proneq- C-15.rat flOarti, Fill mop ',locket or statrarnaht ,milker with SlitelLIE'. Clean Floor sulfate and a oar to dry, SENSIBLE Sustc:rinabiliV 18 LAI('111 1 Safety and Security Proactive Security and Awareness Training McLemore is sensitive to the natural concerns regarding security facing facilities today. Because our staff members are an extension of Corpus Christi PD, we realize we must be aware of the role we play in the security of your facility. Therefore, we will provide proactive security and awareness training during our orientation process for employment. With Corpus Christi PD's assistance and guidance we will establish key points to be covered such as: • "Security 101 ": What is "Security ?" and "What does it look like at your site? • Evacuation and shelter -in -place issues • Emergency plan drills and exercises • Managing building security concerns • Staff assignments with roles and responsibilities in the event of an emergency Safety Training A natural accompaniment to any skills training program is safety training. As one of the cornerstone principals of our mission statement: To provide a clean, safe and continuously improving environment for ourselves and others." McLemore is proud of the safety programs we have established and they will become an integral part of our daily operations at Corpus Christi PD. A complement to our safety training is McLemore's incentive programs which positively reinforce our commitment to a safe environment. McLemore Building Maintenance, Inc. has developed an aggressive and proactive approach to Risk Management and Safety. Investing in the prevention of accidents and losses is the most responsible way to control costs for both our customers and McLemore. Key Elements are.... • Full- service, fully- staffed Risk Management Department • Pre - employment screening • Initial safety training • Ongoing safety training program • Incentive -based safety audit and meeting program • Goal - driven employee safety meeting program • Employee safety incentive programs • Confidential employee `Tips Line' • Slip meter testing for fall prevention, evaluation and customer defense Confidential Information 19 Confidential Information htu „incc Safety Audits Incentive based audits are performed by Corporate Risk Management staff on a quarterly basis in all McLemore Customer facilities to ensure all safety procedures are followed. This helps create a safe working environment for McLemore and the client as well as fulfill part of our training goals. Negative points are discussed with all concerned and the Branch Manager is responsible for ensuring corrective measures are taken. Follow -up audits are done to verify that corrective actions have been made and are effective. • A preliminary safety audit is conducted immediately prior to the start-up of any new facility. • Safety audits that yield a score above standard result in the reward of incentive dollars to the an -site supervisors/managers. • Safety audits which fall below standard will trigger a step-by-step corrective action plan. • Safety audits are conducted proactively to help prevent accidents and other liabilities. Safety Bingo All employees of McLemore Building Maintenance participate in an incentive program called Safety Bingo. The goal of the Safety Bingo program is to keep safety in the forefront of all of our employees' minds on a daily basis, and provide a monetary incentive to work safely. At the beginning of each quarter every employee SAFE r receives a bingo card with their paycheck like the one 9 ` 24 157158 78' pictured to the right. Each day a number is drawn and 1 the employees can use that number for their bingo 8Y i 38 HBO 88 cards if certain criteria are met. Besides instant cash prizes for the first people to bingo, at the end of the year, all of the bingo winners participate in a Safety l8 10:I': $�49 14 Bingo Celebration where they can win prizes. 8 28 44 48 $4, Drawings are also held where the employee could i " °"'"` win up to $3,000 cash. Curtis McLemore, McLemore's CEO receives a second consecutive annual safety award at the 2009 BSCA1 Global Convention. Of over 2,000 member companies, McLemore was one of eleven recipients! 20 Confidential Information •u. 1(" 'li • - l31.ii rliri r�'1� hiE'I Irlr���' Safety Tips Line McLemore proactively encourages our employees to report any unsafe or illegal activities, employee policy violations, theft, etc. In addition to our employees just doing the right thing, they also receive a monetary incentive for helping keep the company and our clients in a safe and secure environment. DD TIPS LINE <<<KC< 800.648.0035 24 Hours Per Qay 800.648.0035 7 Days Per Week '100R fNFO IATION COULD AN0NYMOU8' THEEXILNTPOI THEPOLLOwINtl Pi1ABE GILL r • Theft of Property Belonging to Our Customers, Our Customer's Tenants, Our Company or another Company Employee. • Vandalism (intentionally Damaging Property or Equipment) or Theft of Company Property or Equipment. • Individuals Poaeeeeing , Selling ,orUnderthe Influence of Illegal Drugs on the Job. • Individuals Possessing, Drinking, or Under the Influence of Alcohol an the Job. • Possession of Firearms or Other Dangerous Weapons onthe Job. • Individuals Working in an Unsafe Mariner. • Sexual Harassment of a Company Employee by another Employee, Our Customer, or Our Customer's Tenant. • Abusive Work Environment or Unfair Treatment by Your Supervisor. • Discrimination of a Company Employee on the Ennis of Gender, Race or Ethnic Background, Religious Belief , Age or Disability, • Unreported On- The-Job Injuries orFraudulently Reported Workers Compensation Claims. • Falsifying Hours Worked or Time Tumed In forindividuals44ho Have Never Worked. • Failure to Receive Payment for Hours Wo rked. • Any Act of an Employee or Non-Employes that is a Threat to Others. • Criminal Activity b y Anyone. • Unauthorized Use or Sharing of Confidential Company Information. • Unauthorized Use of Company or Customer Personnel, Materiels or Equipment. • Intentionally Damaging or Altering Company Records. • Employees Letting Unauthorized Personnel Into Buildings. • Giving a Key to an Unauthorized Person or Making a Copy of Any Company orCustomer Key. • Uncorrected Safety Hazards NENINUER,N:YOUAREUNSURN REPORTIIt1YOUcANFARNEX1RAMONEYWHLE DOII(OTHERiOIIFTNE10.WHENYHEcOI ANY'SAvESIIONEYWEALLBEIiEFR 21 Lil nay c•, °Ito° Pg. (..) gram x_11(" 11 1 Btn (111-1 1- 1. -111 Mission Statement: To provide a clean, safe and continuously improving environment for ourselves and others. McLemore utilizes a computerized quality assurance program. McLemore's Quality Control Program is based on three guiding principles: 1. Measurement 2. Accountability 3. Communication How does It work? • + teasurerreng - Establish a routine daily, weekly, monthly inspection process specific for Corpus Christi PD by McLemore management. • Accounrlabillty - The results of the inspection process lead to an action plan for continuous improvement through coaching. • Co1171Munlcattion - Finally, combine the results and efforts of the two steps from above in a formal, quarterly review process with McLemore Management and Corpus Christi! PD Management have created a path to success! Performance Management and Communications CleanTelli g s enf same McLemore uses CleanTelligent7M software for quality assurance as well as comprehensive client communications: • Web - enabled, real -time information • Corpus Christi PD will have secure login access • Corpus Christi PD can easily submit information for work orders, issues, customer requests and customer surveys • Responsible personnel immediately notified • Messages sent to management team if not responded to promptly Inspections • Inspections done with PDA Confidential Information 22 2 • Pto du- r\, Iltt:`Imflc • View inspection results online uponr completion. Reatrooms Area Service Item Scare: Green 82% Area Tracking Item Score: 86% Rating Service Red j 8 ICheck and clean debris from urinals and toilets. Rating Tracking Item Green Red Restrooml1ocker Room Specific : Clean Toilets & Urinals Trash RemovellRecyding : Pick Up Loose Trash, Red 8 Clean end disinfect inside toilets and urinals. Yellow 8 Clean and polish Inside of elevators. Green 8 Clean mirrors. Green ® Clean walls and partitions around urinals end toilets. Confidential Information 23 Confidential Information • Hill dint. M ntc,a Err p Real -time Performance Review • Easily review performance and view trend analysis through graphs and reports online MMasornent acaJIBO.` .IHu. Metrie. • Moron 1.10PS t. a blu.ry 11.1071 r.r !Am. J.lAles. Whom F'�. a San WB + leu reu PI >r -' ',Htt., ,l n en viol 4el nit 1it.s 11141 Idle llll 4fW1 Imarees.nrp.,a..ra wr.yr Smrfe.a, oSlruO.Ypbeu.ki bwltl.lhhr.eelprue wrm,a4.4 .tMe alultlueo.neRB.bWforioe.lsaHnel alibitnsse. loassissieskesemon insukaien r DO rA l"n I-,t v' atf+ � P` 1t Nw � S, 00 � „o 1 nwrMWeeY 4Y no SO a San WB Nn leu reu PI e. Communication • Communication with campus managers and with internal client • Company submits messageshssues/surveys through web -based CleanTelligent system • All responsible personnel notified immediately • Client messages sent to mgmt. if not responded to promptly lbw* °IrAcme BUVke 1 Cite* Use Mensal 1 Lep Out Y../ 1111 MESSAGES SERVICE LOCATIONS /ISIIRYEYS VieR111Cf PROVmeR REMITS VMYfI110 11� wee...- MOx (New Meseese with Meseeaetistsrf .. • . , - .. • Dine Laverty • Message Information Service Layette.: iso vcamPnlY OiDoDa V\ MBBeage TypFNe): Home o Carpiaini Q newel Viewing Pefnl.stene; AISarlepe Prarleler uwarasTwnsllie r This Berko Locationnis be vibe to sy nit messes.. AN MVO On Sri. chseenlenewes wi v4 W nh eeaeeDe 4 peomeo . Me Mowing Fe0134 nwY view Ns InHHBelsm vas aheclanB the box re:4toIMe hpne Contact (Name Division Position No DOrwnbeemC4Yiacts menebla. Subjects:d11e9 spN7 r Message: .One M ear riesors spiel cense on the c.pal'n ov olfie:H by ale reaptlen desk. Caltl you phase MB care of O. 0 Submit 0 Bock IRee.f.eFlele 24 �_ 4 11 • f'lI (.111 1 I 11r'I1:11 li Periodic Business Reviews Key Performance Indicators (KPIs) are measured, analyzed and trended to ensure ongoing service satisfaction. Results are reported during Periodic Business Reviews. Examples of KPIs include: • Quality Compliance • Safety Performance • Human Resources • Customer Satisfaction Customer Satisfaction Results • MBM sent out a total of 50 Smiley Cards in to gauge the satisfaction of our service. • Results shown to the 50 Cards Delivered -1. 96% Return Rate right are based on cards returned for the anal distribution period of September. Unsatisfactory ac DandlHun P gag Pumphou1 Alanuailltunis Ware nn, AR Bldg. Avnap. 0% 0% Grala 7071 •ay.r •a.aA .arr. Manny o0w.il g. 0um.4rerq 120 -Day Summary — June to September • 93.8% Average Quality Inspection Score - 90 inspections completed; 3.8% above Target metric; 3.4% improvement • Complaints 90% Below Target Metric of 10 monthly - Foureomplaints total over the period f2ADay Customer Satisfaction Rating • Customer Satisfaction Ratings �% OS: tin eaSefaaory - 150surveys sent 81% returned ■ Safety Results - 18 safety toolbox meetings held, - Only 1 Incident in over a year, Zero injuries • 5% above Staff Retention Target of 75% Ate. • MBM Investment - $22,000 in new equipment end uniforms - $200 in employee incentives Confidential Information 25 Customer Service Program Open and honest feedback is critical to the success of our continuous improvement programs. One tool McLemore uses to gain this valuable information is through the use of "Customer Service Survey Cards ". NtLen>x awlary Mevwrenro 11DFa,ao5nrel HouRO+, TX77W42014 How is our service? MY. enurpladu OAd rv,nrn mr, ponagsqund card. &oil:❑ Name. Good: D ml Avamge: 0 I iaildinglr In im Below Ahmage:❑ rm r,,,rc.:!t,rd, �l141/r..cu Umalldrlary:© Jrnrrrd` Our leum ie drdirutud w maarintl Sunr salisfautinn curry day, nilh r fo uu .m queli15'•dri, -an, ronaialrnl. mid 11ru11hy High purrunnouuu Clunoluus.. Your rrcdI'uuk it u Lry vu npunrnl nl' Ihu Md . mnrr Building Mrinlradnor re5lanlar service program. Wrncwnlrynr lnn.muil rnrnplincnru,nd nnrcm. }mJingluriueiul nnhuiuu dinvdv tn: rrnlred',minel.n. n. 1,ep rhrr cordJoa lnrrr r 70..11.. These small, postage paid postcards are placed on randomly selected desks throughout the facility on a periodic basis. The tenant rates our service and has an opportunity to note any concerns they are experiencing with service. We also receive most of our written compliments on these cards enabling us to recognize the employees in the field for a job well done. Once the cards are returned to our office, a report outlining all of the card responses is assembled and results reported on during our Business Review. We also enter any service issues into our work ticket system to be addressed. Confidential Information 26 • Hill (hilt : fvl lcii,3 -c c ( orpus Ohrleti PO �v €akin Buillding Operational] PDan The McLemore Building Maintenance leadership team is comprised of dedicated, industry veterans. Our team is committed to ensuring the very best technology, corporate and field support available to make certain we earn your business each day. After comprehensively evaluating the requirements of Corpus Christi PD, our operational plan consists of staffing, training, quality, implementation and sustaining operations that will provide you with outstanding overall value and service performance. Proposed Staffing Plan 1 Curtis McLemore Chief Executive Officer 1 Richard Rodriguez Director of Operations 1 John Denson Branch Manager 1 Norma Escamilla Area Manager IOn -Site Supervisor Floor Technician General Cleaners IDay Porters McLemore Ownership and Management Team Our leadership is spearheaded by founder and President, Don McLemore, Curtis McLemore, CEO and Keith McLemore, Human Resources Director. Our Sr. Operations Manager, Richard Rodriguez has been with MBM for over 10 years. Donald E. McLemore, CBSE: President and Founder - He served three years in the United States Army and received his education from Stephen F. Austin State University. He started the company in 1970 following a career in the laundry and dry cleaning business when a customer asked him to clean a building he owned. Don has served as the President of our national organization, Building Service Contractors Association International (BSCAI). He is also a past President of Southwest Association of Building Services Contractors (SWABSCO), our industry's oldest association. Don semi - retired in 1999 but still takes an active role in the direction of the company. Confidential Information 27 11 I - Buidin'_ fv1<lnif.,11•E1cc Curtis McLemore, RBSM: Chief Executive Officer- Curtis grew up with the company and worked part-time throughout his high school and college years. He joined the company full time in 1993. He managed the Special Services Division for three years, was Regional Manager for overall Operations outside Houston for two years, then was promoted to Vice President of Sales and Marketing in 1998. After Mr. McLemore's retirement Curtis assumed the C.E.O. title and is now responsible for the entire direction of the company. Keith McLemore, CBSE: Chief Operating Officer As a Certified Building Services Executive, Keith's leadership in the company has been a contributing factor to MBM's overall success since 1987. Keith's focus in Human Resources is on one of McLemore's Critical Success Factors, our people. His philosophy of surrounding yourself with good people and then "staying out of their way" has proven to be a formula for our success. Stephanie McLemore: Chief Financial Officer - Stephanie began her career with MBM in 1994 as an Accounting Clerk while attending the University of Houston. She was promoted to Office Manager in 1995 then to Director of Administration in 1997 and finally to Chief Financial Officer in 1999. She is responsible for MBM's financial health in addition to all administrative departments, insurance responsibilities and financial relationships. Richard Rodriguez: Director of Operations- Richard joined the MBM team in March 2000 as Branch Manager of our South Texas market. Through Richard's efforts the South Texas market's revenue more than tripled and customer retention level topped 97 %. After a three -year tenure as Regional Manager of Western Operations Richard has since assumed the role of Director of Operations in charge of all of McLemore's operations. John Denson, Corpus Christi /South Texas Branch Manager - John is going into his third year with McLemore. John brings 32 plus years of experience in the hotel industry in all facets of management including Hotel General Manager. His experiences gives him a unique ability of mastering the global perspective of a hotel with many different job sets such as housekeeping, food and beverage, rooms and engineering but with a detail oriented perspective. Confidential Information 28 11 • Pd. i �I�ri�; fvl� n1�� €�,�ri�� {., NINA WEIMMER: Customer Service Manager- started with MBM in 1985 as Office Manager. With MBM's rapid growth, she has moved to the position of Customer Service Manager and performs duties for all branches and the corporate office. Nina is also responsible for following up with customers on requests, concerns, etc. a computerized work ticket system designed specifically to accurately record and track any and all customer issues. Reserve Labor Typically, a significant proportion of current staff is retained in a management transition, barring unforeseen large scale issues with employment verification and background checks. However, a contingency plan will be in place to seamlessly adapt staffing to changing demand, absences and facility generated special activities. `Plus -One' Staffing Strategies to ensure adequate staffing include 'plus -one' staffing. This involves keeping the hiring process open to have an additional employee trained in advance of the next opening. This ensures that fully- trained staff is always available. The Project Manager will review staffing with Operations Management on a weekly basis to determine the need for any upcoming additional staff. Cross - Training McLemore will cross -train its employees for more than one site. Key employees will be trained for a second site to allow flexibility with experience and familiar staff in the event of an acute number of absences or openings at any Corpus Christi PD location. This allows for team members to be able to effectively perform the same duties of their peers with no disruption in service performance at any Corpus Christi PD site. Floaters For all key positions, at least two additional staff members will be hired under the condition that they not have one home site. These individuals will also cover production necessary when Supervisors and Leads are orienting and training new employees. When not being utilized in this capacity, these employees will be assigned to `special projects' as needed. Confidential Information 29 ii • - Lui nit n,31-1i t� Pandelinoc Response and Prevengu ®n Rflanagemernit In addition to APPA level standards, an integral part of our operational procedures is centered on pandemic prevention management. McLemore Building Maintenance can help Corpus Christi PD restrict the spread of a flu virus by implementing infection - control measures. Preventing pandemic influenza requires the same techniques as preventing seasonal influenza, according to the U.S. Department of Health and Human Services. Preventing infection includes disinfecting frequently touched surfaces, preventing cross - contamination, and promoting proper handwashing. Attention to Surface Cleaning Our industry ordinarily cleans at a sanitary level. Cleaning for emergency preparedness would require raising the level to disinfecting. In order for surfaces to be considered disinfected, 95% of harmful substances must be removed and or killed. Wiping contaminated surfaces with a disinfectant effective against Type A influenza viruses should kill the more virulent of viruses, according to the World Health Organization. McLemore Building Maintenance would use disinfectant products intended for use against Avian /Swine Influenza A viruses on hard, non - porous surfaces. Since flu viruses can live on hard surfaces for up to 48 hours, McLemore Building Maintenance would focus on surfaces that are frequently touched by hands such as doorknobs, countertops, desks, and elevator panels. However, dwell times are required to effectively kill all the bacteria and viruses. For high traffic areas with frequently touched surfaces, McLemore will utilize Oxivir Tb Wipes. What are Oxivir Tb Wipes? In the USA, the first and only hydrogen peroxide wipes based on proprietary AHP (Accelerated Hydrogen Peroxide) technology and fully approved by the EPA. • Kill MRSA and VRE in 1 minute • Disinfect hard surfaces in just 1 minute • Kill Norovirus in one minute • Kill Tb in five minutes • Fungicidal in 10 minutes • Meets Bloodbome Pathogen standards • Including HIV, HBV & HCV in one minute • Can be used to pre -clean medical devices prior to sterilization AHP Keep in mind that even when a surface is completely disinfected, the moment an infected person touches the surface, you are back to square one which makes prevention management so important. Confidential Information 30 Hand Washing The best way to kill flu viruses is by cleaning hands often with soap. Hand sanitizers will work in between, but not as a replacement. Building occupants must ensure their hands are washed often and for at least 20 seconds. McLemore Building Maintenance can provide multiple copies of our handwashing poster, shown at the right, as a good reminder for your employees and visitors. We can also supply Hand Sanitizing Stations, based on availability, on a resale basis in places where a restroom is not close by as well as in eating areas. Installing the latest restroom technology such as touch -free dispensers and foaming soaps can help make hand washing easier and more effective. FIVE SIMPLE STOPS TO EFFECTIVE HAND-WASHING Pm,w.hendw..1.1.0, d..mh.M Iim Iio..AJ.drn...l7imt Illn.... lla loll of mi,nelMpnafrnnJMdhfminnnrMhln,nn Im.1.KnPin kan 3.Ahic1017.1.1.,4Mm1.1.n.k.w #.n. e.r nod hmec w.rnine hnNdmvn ihe.Ink Z.wa,aad am. int IT* but of kiJr,wrirtnhrmn fi gnn..nJlnd.Yn.d. 1. 'MI hn nnd..mnnlwr,rre lour m„w can ventIonk rapml.vl. 1.6 1. n.galtw f.r HI. n nJ. 4. Lyhend..Nrh n dnpvu. llfnlydma I. nx mni.Hr 5.T.mafan.,e.neTMr, <, Anidry ihrmurir..vdnm Ifni Confidential Information 31 Tral soMllon .*-'0811 McLemore's transition plan is structured to ensure a smooth service transition. Within 48 hours of the contract award of a service contract, our team is in the active planning stages required for a successful and seamless transition. Overview of the Transition Process Contract Award I Implementation Run --Thru Contract Start Hire Staff and Conduct Training Daily /Weekly Meetings with Client ,Operations Plan Order. Equipment 30 and 60 Day Business Reviews McLemore understands the crucial importance of the transition stage for facility management and occupants. We have a four -phase process that is broken down to ensure that all details related to the transition are comprehensively managed and implemented with accuracy. Four -Phase Process PHASE 1: Mobilization • Assign McLemore start-up team • Schedule initial account review meeting and weekly pre-transition review meetings • Set up account in Clean Te!ligent system PHASE 2: Planning • Review equipment and supplies requirements; place order with vendors • Schedule orientation, safety, and training schedules • Schedule start-up and executive team pre - transition review /status meetings • Meet with Corpus Christi PD team for stakeholder alignment Confidential Information 32 Confidential Information 11 f 1;111 (:iiriC; fv1 I1{C.i1,11R:e PHASE 3: Staffing and Training Current staff recruiting: current staff screening; employment ad placement; Texas Workforce Commission • Finalize screening and selection • Issue uniforms and badges • Hold training classes both off and onsite PHASE 4: Operations • Engineer service model and frequency schedules • Input periodic schedules into work order system • Hold (raining /orientation /safety classes for staff • Finalize baseline audit data • Hold dry run -thru with entire McLemore team • Begin contract service • Establish communication process with CORPUS CHRIST! PD facilities team 33 Confidential Information A 11_ j l 1 Bui cfm: Transition Timeline Following is a progression of the transition timeline to be used at PD Main Building. This calendar begins five weeks prior to the contract start date. This timeline will be refined and even compressed upon contract award. TASK DESCRIPTIONS Preliminary Action Items Notice of Contract Award ASSIGNMENT City Week 1 1 --- 4Ior 14 -. El Assemble Start -Up Team McLemore ----- Initial Start-Up Team Meeting McLemore Officer Review of Transition Plan McLemore ----- II III Publication and Notices to Staff McLemore / City Final Contract Signed Staffing McLemore / City McLemore II II --- . III Recruit Externally McLemore Interview Candidates McLemore - -� Drug Screening /Background Checks McLemore - Offers to Personnel McLemore Orientation and Training McLemore Distribute Uniforms and Badges Administrative. Ongoing Transition Meetings McLemore McLemore IIII 'P WI Ongoing Officer Process Review McLemore McLemore / City R=4 a -.: °N.. . - - t.x. n , Alignment Meeting. Deliver Insurance Certificate to ESC -2 McLemore Additional Strategic Planning McLemore III Technical Operations Verify Equipment List and Place Order McLemore ----- .-- Set Up New Account in MIS System McLemore Enter Specifications in CleanTelligentTM McLemore ■ F ; ■ Establish Initial Performance Metrics McLemore ---- 34 I_ (- 111 0 Hui drill fv1,� SECTION 5 REQUIRED BID DOCUMENTS Required bid documents follow this page. Thank you for the opportunity to present a bid for your valued business. If you should have any questions or need clarification on any points, please contact me at your earliest convenience. Dave Prewitt Business Development Manager McLemore Building Maintenance Confidential information 35 CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 BID INVITATION INVITATION TO: This invitation includes these forms: *Bid Invitation Notice to All Bidders Instructions to Bidders Standard Purchase Terms & Conditions *Bid Sheet Supply Agreement Standard Provisions Specification No. 1063 Additional Instructions to Bidders Insurance Requirements *Attachment I Service Agreement (Submit *Minority Business Enterprise Information Form *Disclosure of Interest INVITATION NO.: BI- 0130 -10 (Must appear on Bidder's return envelope) COMMODITY: Custodial Service for Police Department's Main Building located at 321 John Sartain St. REQUISITION NO. (S) N/A BID CLOSING TIME: 11:00 A.M., May 26, 2010 (By Purchasing Division Time Stamp) For information contact: Gabriel Maldonado Senior Buyer Telephone: (361) 826 -3165 Email: gabrielm @cctexas.com 3 duplicate originals) *These documents must be properly completed and returned. BID (Refer to "Instructions to Bidders" before completing) The undersigned, by his/her signature, represents that he /she is authorized to bind the Bidder to fully comply with the terms and conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown on the accompanying bid sheet(s), if the offer is accepted within _ calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Name: McLemore Building Maintenance Address: 110 Fargo Street City: Houston Telephone: 713 _528 _ 7775 Ext. 6035 Fax: 713 -523- 4341 State: TX Zip: 77006- E -mail: -ems ignature o erson Authorized to Sign Bid Signer's Name: Curtis McLemore (Please print or type) Title: dprewitt @mbminc.com Date: 05/24/2010 CEO DATE: 5/24/10 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0130 -10 McLemore Building Maintenance, Inc. BIDDER PAGE 1 OF 1 AUTHORIZED SIGNATURE 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, I certify: a. That the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other bidder or competitor, for the purpose of restricting competition with regard to prices; b. That 1 am an Equal Opportunity Employer; and c. That the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Twelve month Service Agreement with options to extend for up to two (2) additional twelve month periods, subject to the approval of the service provider and the City Manager or his designee for Custodial Service at the Police Department's Main Building located at 321 John Sartain St., in accordance with Specification No. 1063. Main Police Building (Includes Main Police Station and Municipal Court) 321 John Sartain St. NOTE: Attachment 1 (Service Agreement) Bidders will be required to sign attached contract marked as Attachment I. The signed contract will be made part of bidder's offer and must be returned with bid. Failure to do so may result in your bid being deemed non- responsive. The City will complete the successful bidder's contract when offer is accepted. 12 Mo. $7819.49 $93,833.91 CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ❑ YES © NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Certified HUB: http: / /www. window. state .tx.us /procurementlprog /hub/ ❑ YES 0 NO - LOCAL SMALL BUSINESS (LSB) A for - profit entity employing Less than 49 employees located within the City limits of Corpus Christi, Texas OYES ❑ NO OTHER (PLEASE SPECIFY): THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- 0130 - 10 Firm Name: McLemore Building Mainteance Address: City: 110 Fargo Street Houston State: TX Zip: 77006 - Alba- l/ <� Signature of Person Authorized to Sign Form Curtis McLemore Signer's Name: (Please print or type) Telephone: 7° e- "Th Ext.6°35 Fax: E -mail: cmclemore @mbminc.co Date: 05/24/2010 713 523 -4341 Title: CEO City of Corpus Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. SUPPLIER NUMBER TO BE ASSIGNED BY crr PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY NAME: P. O. BOX: STREET ADDRESS: McLemore Building Maintenance 110 Fargo Street FIRM IS: 1. Corporation 4. Association • CITY: Houston 2. Partnership 5. Other ZIP: 77006 - 8 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Curtis McLemore (Type or Print) Signature of Certifying Person: Title: CEO DEFINITIONS Date: 05/24/2010 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official," The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. g- "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. < / 1 e ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY} 12r22/2 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). , PRODUCER John L. Wortham & Son, L.P. P. 0. Box 1388 Houston, TX 77251 -1388 CONTACT NAME: PHONE (A1C No Extt: 713 -526 -3366 1 FAX (AIC, Not: 713 -521 -1951 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURERA: Hartford Underwriters Insurance Company 30104 INSURED McLemore Building Maintenance, Inc. 110 Fargo Houston TX 77006 INSURER B: Hartford Insurance Co. of Midwest 37478 INSURER C: Hartford Casualty Insurance Company 29424 INSURER 0 : Argonaut Insurance Company 19801 INSURER E : Texas Mutual Insurance Company 22945 INSURER F • $ 10,000 • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL. INSR SUBR MD POLICY NUMBER POLICY EFF JMM!DD1YYYYUMMIDD!YYYYI POLICY EXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ✓ 61 UUNAG4992 7/1/2010 7/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ee occurrence) $ 300 000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE ✓ OCCUR PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE PRODUCTS - COMPIOP AGG $ 2,000,000 'L AGGREGATE POLICY ✓ LIMIT APPLIES rE0 1 PER: LOC $ B AUTOMOBILE ✓ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS AUTOS 61UUNAG4992 7/1/2010 7/1/2011 p QOMBI ED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident $ $ $ G UMBRELLA LIAB EXCESS UAB �/ OCCUR CLAIMS -MADE 61RHUAG4242 7/1/2010 7/1/2011 EACH OCCURRENCE $ 5,,000 AGGREGATE $ 5,000,000 DED 1 /1 RETENTION$10,000 $ $ $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory In NH) If Es, describe under DESCRIPTION OF OPERATIONS below D YIN N N! A 477448268134(OIS) TSF0001169875 (TX) TX 7/1/2010 7/1/2010 7/1/2011 7/1/2011 �/ WC STATU- TORY OMITS H R E.L. EACH ACCIDENT $ 1 ,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000.000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Certificate Holder is included as an additional insured under the Commercial General Liability policy when required by written contract as respects liability arising out of the Named Insured's work for the additional insured. Waiver of Subrogation is afforded to the certificate holder under all policies when required by written contract. Specific endorsement is added to this policy amending the cancellation clause of the policy and we will also forward the endorsement upon receipt of it in about a week. RE: Custodial Service for Police Department's Main Building Bid CERTIFICATE HOLDER CANCELLATION Amends previously issued certificate. City of Corpus Christi Purchasing - 4th Floor Attn: Gabriel Maldonado, C. T. P. 1201 Leopard Street Corpus Christi TX 75401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ` /rfd. ,- fp i,�� I�i,Q John L. Wortham & Son, L.l]v S(J I��' i� ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 9070733 CLIENT CODE: 10MCLEMBUI (HOU) Lillian Wright 12/27/2010 12:51:31 PM Page 1 Of 2 CERTIFICATE ATTACHMENT DATE ISSUED 12/27/2010 NAMED INSURED: McLemore Building Maintenance, Inc. 110 Fargo Houston TX 77006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER(S) NAMED ON THIS CERTIFICATE, EXCEPT FOR NON- PAYMENT OF PREMIUM OR ANY OTHER CIRCUMSTANCE PERMITTED BY STATE LAW OR POLICY CONDITIONS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON US. ecertsonlinen4 CERT NO.: 9070733 CLIENT CODE: 10MCLEMBOI (HOO) Lillian Wright 12/27/2010 12:51:31 PM Page 2 of 2 CERTIFICATE ATTACHMENT 1 0 ' A W' EP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/Dn/YYY1) 1/3/2011 HOLDER. THIS BY THE POLICIES AUTHORIZED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER John L. Wortham & Son, L.P. P. 0. Box 1388 Houston, TX 77251 -1388 CONTACT NAME: PHONE (A/C. No. Ext }: 713 - 526 -3366 FAX IA/C, Noi: 713- 521 -1951 E -MAIL ADORE$$ INSURER(S) AFFORDING COVERAGE NAIC ft INSURERA: Great American Insurance Company 16691 INSURED McLemore Building Maintenance, Inc. 110 Fargo Houston TX 77006 INSURERS: INSURER C : INSURER D : $ INSURER E : $ INSURER F : $ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE 1N813 POLICY NUMBER (MM!DDYIYYYY) (MIIILDDIYYYYL LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ PREMISESD(Ea RENTED $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GE 'L AGGREGATE POLICY LIMIT APPLIES JECO -- PER: LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS (Es sBINiEaD} INGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS•MADE EACH OCCURRENCE $ AGGREGATE $ $ _ DED C RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA TORY TU- 7H OER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Commercial Crime SAA5339357 5/1/2010 5/1/2011 $250,000 Limit $ 10,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 701, Additional Remarks Schedule, if more space is required) Employee Dishonesty CERTIFICATE HOLDER ' CANCELLATION To Whom It May Concern SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE e Jahn L. Wortham &Son, L.f ILlv . b) p i l t h a r l I LI ACORD 25 (2010/05) O 19B8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 9207253 CLIENT CODE: 1OMCLEMBUI (HOC) Dorothy Harrison 1/3/2011 8:03:42 AM Page 1 of 2 CERTIFICATE ATTACHMENT DATE ISSUED 1/3/2011 NAMED INSURED: McLemore Building Maintenance, Inc. 110 Fargo Houston TX 77006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER(S) NAMED ON THIS CERTIFICATE, EXCEPT FOR NON - PAYMENT OF PREMIUM OR ANY OTHER CIRCUMSTANCE PERMITTED BY STATE LAW OR POLICY CONDITIONS. FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON US. ecertsonline" CERT NO.. 9207203 BLIENNT CODE: 10MCLEMBUI (HOUI) Dorothy Harrison 1/3/2011 B :03:42 AM Page 2 of 2 CERTIFICATE ATTACHMENT