Item 8 - Approval of 1st Amendment to Agmt with Nova Commercial Co., Inc. for Daily Cleaning & Custodial ServicesDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
July 7, 2020
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f t\
� Will Wiley, Assistant Director of Public Works for Maintenance Operation
(858)668-4705 or wwiley@poway.org
Approval of First Amendment to the Agreement with Nova Commercial Co., Inc.
for Daily Cleaning and Custodial Services
On June 1, 2020, the City Manager approved an Agreement with Nova Commercial Co., Inc. (Nova) to
provide temporary-daily cleaning and custodial services for a not-to-exceed amount of $49,000, as a
result of the City terminating its custodial service contractor. The Agreement with Nova was for a
reduced level of service as a result of facility closures due to the COVID-19 Stay-at-Home Order. As
the City begins to re-open and revert to normal operations, staff has increased the scope of work to
the temporary-daily cleaning and custodial services by adding additional facilities, requiring an
amendment to increase the Agreement's not-to-exceed amount from $49,000 to a total amount not
to-exceed $100,000.
Recommended Action:
It is recommended that the City Council approve the First Amendment to the Standard Agreement for
Service with Nova Commercial Co. Inc., for daily cleaning and custodial services to increase the
Agreement limit by $51,000 for a total not-to-exceed amount of $100,000 and authorize the City
Manager to execute the necessary documents.
Discussion:
The City contracts for daily cleaning and custodial services at all City facilities and some park restrooms
in the City. On April 23, 2020, the City terminated its agreement with VIP Janitorial for daily cleaning
and custodial services for cause. As a result of the termination of this custodial agreement and the
cleaning and sanitizing demands placed by COVID-19, staff solicited quotes from custodial companies
the City has not used in the past and that appear capable of providing service to the City on an interim
basis, while staff seeks new bids for a long-term agreement. The City secured three quotes ranging
from $45,422 to $106,485 to provide temporary custodial service through September 30, 2020, and at
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a limited scope.
Nova was able to meet the City's needs and was selected as the interim contractor to provide custodial
service at very reduced levels during an evolving pandemic situation for an amount of $45,422
($11,355 per month.). An Agreement for a not-to-exceed amount of $49,000 was approved for June
1, 2020 to September 30, 2020, under the City Manager's signing authority, which included the quoted
amount of $45,422 and approximately $3,578 for as-needed services. As the State has modified the
statewide Stay-at-Home Order and has moved into Stage 2 of its Resilience Roadmap, the City has
added additional facilities (various facilities including those at Old Poway, Lake Poway, and Community
Park) to the scope of work as it begins to re-open facilities and return to normal operations. The
addition of facilities requires a change order to the Agreement at an additional amount of $11,439 per
month, which will exceed the City Manager's spending authority of $50,000 and requires a formal
amendment to increase to the total Agreement limit. The First Amendment to the Standard
Agreement in the amount of $45,754.84 would increase the Agreement amount from $49,000 to
$91,178. Staff recommends the approval of the First Amendment to the Standard Agreement with
Nova Commercial Co., Inc., increasing the amount to a not-to-exceed amount of $100,000, which
includes $91,178 in costs for daily cleaning and custodial services and $8,823 in as-needed services,
such as increased cleanings due to COVID-19. Except for amending the Agreement's compensation
provisions, all other terms and conditions remain in effect, including the Agreement's term expiring
September 30, 2020.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is sufficient funding available in the Janitorial Services account (204020-41400, 206020-41400,
415010-41400) to authorize the amendment to the agreement.
Public Notification:
None.
Attachments:
A First Amendment to the Standard Agreement for Services with Nova Commercial Co., Inc.
Reviewed/ Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
ChrflJlf?
City Manager
July 7, 2020, Item #8
FIRST AMENDMENT TO STANDARD AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and entered into effective this 7th day of July, 2020, by and between the CITY OF POWAY, a municipal corporation (the "CITY"), and Nova Commercial Co., Inc, a California corporation, ("CONSULTANT"). RECITALS 1.CITY and CONSULTANT entered into that certain "STANDARD AGREEMENTFOR SERVICES," dated June 1, 2020 (the "AGREEMENT"), by which CITY and CONSUL TANT established the terms and conditions for providing services to CITY. 2.The AGREEMENT has a term of four (4) months, and further provides, inter alia,that the AGREEMENT may be extended for two additional one-year terms upon approval of the CITY' s City Manager. 3.CITY and CONSULT ANT now agree to amend the compensation and reimbursementprovisions of the AGREEMENT and increase the AGREEMENT amount from a not-to-exceed amount of$49,000 to a not-to-exceed amount of $100,000. 4.This FIRST AMENDMENT TO ST AND ARD AGREEMENT FOR SERVICES (the"FIRST AMENDMENT") is necessary to amend the compensation and reimbursement provisions of the AGREEMENT. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Section B of EXHIBIT "A" ('SPECIAL PROVISIONS") of the AGREEMENT is amended to read as follows: 3 of4
B.Compensation and Reimbursement.City shall pay Contractor a fee not to exceed $100,000. Contractor'sfee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess ofTwentyFive Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten ( 10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at ATTACHMENT A
July 7, 2020, Item #8
the time incurred.
Section 2. Except as otherwise amended by this FIRST AMENDMENT, all other terms
and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT to
be executed the day and year first above written.
CITY OF POWAY, a municipal corporation
By ____________ _ Chris Hazeltine, City Manager
ATTEST:
Faviola Medina, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
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Nova Commercial Co., Inc.
B¥----------, Name, Title of Signer 2 July 7, 2020, Item #8